Pub Law 105-277 Division A
[DOCID: f:publ277.105]
[[Page 112 STAT. 2681]]
*Public Law 105-277
105th Congress
DIVISION B--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
TITLE I--MILITARY READINESS AND OVERSEAS CONTINGENCY OPERATIONS
CHAPTER 1
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$10,000,000: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent that an official budget request for $10,000,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$33,300,000: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent that an official budget request for $33,300,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$8,900,000: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent that an official budget request for $8,900,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
[[Page 112 STAT. 2681-554]]
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$10,000,000: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent that an official budget request for $10,000,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$314,500,000: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent that an official budget request for $314,500,000,
that includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$232,600,000: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent that an official budget request for $232,600,000,
that includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $52,400,000: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request for
$52,400,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
[[Page 112 STAT. 2681-555]]
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $303,000,000: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request for
$303,000,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $1,496,600,000, to remain available for obligation until
expended: Provided, That the Secretary of Defense may transfer these
funds to appropriations accounts for operation and maintenance;
procurement; and research, development, test and evaluation: Provided
further, That the funds transferred shall be merged with and be
available for the same purposes and for the same time period as the
appropriation to which transferred: Provided further, That the transfer
authority provided under this heading is in addition to any other
transfer authority available to the Department of Defense: Provided
further, That the entire amount made available under this heading is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $3,000,000: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request for
$3,000,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $3,300,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement
[[Page 112 STAT. 2681-556]]
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an official
budget request for $3,300,000, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $9,000,000: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request for
$9,000,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $50,000,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for $50,000,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $21,000,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for $21,000,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Overseas Contingency Operations Transfer Fund
For an additional amount for ``Overseas Contingency Operations
Transfer Fund'', $1,858,600,000, to remain available for obligation
until expended: Provided, That of the amounts provided under
[[Page 112 STAT. 2681-557]]
this heading, the following amounts shall be transferred to the
specified accounts:
``Military Personnel, Army'', $310,600,000;
``Military Personnel, Navy'', $9,275,000;
``Military Personnel, Marine Corps'', $2,748,000;
``Military Personnel, Air Force'', $17,000,000; and
``Reserve Personnel, Navy'', $2,295,000:
Provided further, That of the remaining funds made available under this
heading, the Secretary of Defense may transfer these funds only to
operation and maintenance accounts, procurement accounts, the defense
health program appropriation, and working capital funds accounts:
Provided further, That the funds transferred shall be merged with and
shall be available for the same purposes and for the same time period,
as the appropriation to which transferred: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority available to the Department of Defense:
Provided further, That the entire amount made available under this
heading is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Morale, Welfare and Recreation and Personnel Support for Contingency
Deployments
In addition to amounts appropriated or otherwise made available in
the Department of Defense Appropriations Act, 1999, $50,000,000, to
remain available for obligation until expended, is hereby made available
only for expenses, not otherwise provided for, to provide necessary
morale, welfare and recreation support, family support, and to sustain
necessary retention and re-enlistment of military personnel in critical
military occupational specialties, resulting from the deployment of
military personnel to Bosnia and Southwest Asia: Provided, That the
Secretary of Defense may transfer these funds only to operation and
maintenance accounts of the military services: Provided further, That
the funds transferred shall be available only for the purposes described
under this heading: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority available to the Department of Defense: Provided further, That
the entire amount made available under this heading is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent that an official budget request for $50,000,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$200,000,000: Provided, That these funds shall be for Operation
[[Page 112 STAT. 2681-558]]
and maintenance, of which not to exceed two per centum shall remain
available until September 30, 2000: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an official
budget request for $200,000,000, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $42,000,000: Provided, That funds appropriated
under this heading may be transferred to appropriations available to the
Department of Defense for military personnel of the reserve components
serving under the provisions of title 10 and title 32, United States
Code; for Operation and maintenance; for Procurement; and for Research,
development, test and evaluation: Provided further, That funds
appropriated under this heading shall be available for obligation for
the same time period and for the same purposes as the appropriation to
which transferred: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority available to the Department of Defense: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent that an
official budget request for $42,000,000, that includes designation of
the entire amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 101. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are deemed to
be specifically authorized by the Congress for purposes of section 504
of the National Security Act of 1947 (50 U.S.C. 414).
Sec. 102. In addition to the amounts appropriated or otherwise made
available in the Department of Defense Appropriations Act, 1999,
$1,000,000,000, to remain available for obligation until expended, is
hereby appropriated under the heading ``Research, Development, Test and
Evaluation, Defense-Wide'': Provided, That these funds shall be made
available only for the enhanced testing, accelerated development,
construction, and integration and infrastructure efforts in support of
ballistic missile defense systems: Provided further, That the entire
amount made available in this section is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further,
[[Page 112 STAT. 2681-559]]
That the entire amount shall be available only to the extent that an
official budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
Sec. 103. In addition to amounts appropriated or otherwise made
available in the Department of Defense Appropriations Act, 1999,
$259,853,000 is hereby appropriated to the Department of Defense, only
for emergency expenses incurred at United States military facilities or
installations in the United States or overseas directly resulting from
storm damage or other natural disasters, as follows:
``Military Personnel, Marine Corps'', $232,000;
``Reserve Personnel, Army'', $343,000;
``Reserve Personnel, Navy'', $100,000;
``Operation and Maintenance, Army'', $139,056,000;
``Operation and Maintenance, Navy'', $57,179,000;
``Operation and Maintenance, Marine Corps'', $8,470,000;
``Operation and Maintenance, Air Force'', $34,254,000;
``Operation and Maintenance, Army Reserve'', $853,000;
``Operation and Maintenance, Navy Reserve'', $5,058,000;
``Operation and Maintenance, Army National Guard'',
$5,750,000;
``Operation and Maintenance, Air National Guard'',
$4,355,000;
``Defense Health Program'', $2,120,000; and
``Navy Working Capital Fund'', $2,083,000:
Provided, That these funds may be used to execute projects or programs
that were deferred in order to carry out emergency repairs resulting
from such storm damage or natural disasters: Provided further, That the
entire amount made available in this section is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That of the amounts provided in this section,
$153,551,000 shall be available only to the extent that an official
budget request for a specific dollar amount, that includes designation
of the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided further, That of the amount referred to in the third proviso in
this section, up to $29,454,000 may be transferred from ``Operation and
Maintenance, Army'', to ``Military Construction, Army''.
Sec. 104. In addition to amounts provided in this Act, $2,000,000 is
hereby appropriated for ``Defense Health Program'', to remain available
for obligation until expended: Provided, That notwithstanding any other
provision of law, these funds shall be available only for a grant to the
Fisher House Foundation, Inc., only for the construction and furnishing
of additional Fisher Houses to meet the needs of military family members
when confronted with the illness or hospitalization of an eligible
military beneficiary.
Sec. 105. Section 8136 of the Department of Defense Appropriations
Act, 1999, is amended by striking out ``$502,000,000'' and inserting in
lieu thereof ``$569,000,000'', and further amended by striking out
``$176,000,000'' and inserting in lieu thereof ``$243,000,000''.
[[Page 112 STAT. 2681-560]]
CHAPTER 2
DEPARTMENT OF ENERGY
Atomic Energy Defense Activities
For an additional amount for ``Other Defense Activities'', for
expenditures in the Russian Federation to implement a United States/
Russian accord for the disposition of excess weapons plutonium,
$200,000,000, to remain available until expended: Provided, That none of
the funds may be obligated until the Department of Energy submits to
Congress a detailed budget justification for use of these funds, and the
proposal has been approved by the House and Senate Committees on
Appropriations: Provided further, That the entire amount shall be
available only to the extent an official budget request for a specific
dollar amount that includes designation of the entire amount of the
request as an emergency requirement as defined by the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
For an additional amount to purchase natural uranium associated with
the 1997 and 1998 deliveries under the United States-Russia HEU Purchase
Agreement (hereinafter, ``the Agreement''), $325,000,000, to remain
available until expended, which shall be available only to the extent an
official budget request for a specific dollar amount that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted to the Congress:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That such uranium is located in the United States at the time
of purchase, and shall become part of the inventory of the Department of
Energy: Provided further, That such funds shall be available only upon
conclusion of a long-term agreement by the Government of the Russian
Federation and commercial partners for the sale of uranium to be derived
from deliveries scheduled for 1999 and thereafter under the Agreement.
CHAPTER 3
DEPARTMENT OF DEFENSE--MILITARY CONSTRUCTION
Military Construction, Army
For an additional amount for ``Military Construction, Army'' to
replace facilities destroyed by monsoons in the Republic of Korea during
August of 1998, $118,000,000, as authorized by 10 U.S.C. 2854, to remain
available until September 30, 1999: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided
[[Page 112 STAT. 2681-561]]
further, That from amounts made available in this or any other Act for
military construction, the Secretary of the Army may acquire real
property and carry out a military construction project at Camp Casey in
Korea, in the amount of $12,016,000.
Military Construction, Navy
For an additional amount for ``Military Construction, Navy'' to
cover the incremental costs arising from the consequences of Hurricanes
Georges and Bonnie, $5,860,000, as authorized by 10 U.S.C. 2854, to
remain available until September 30, 1999: Provided, That the entire
amount shall be available only to the extent an official budget request
for a specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$29,200,000, to remain available until September 30, 1999: Provided,
That of this amount, $2,200,000 shall be available to cover the
incremental costs arising from force protection, as authorized by 10
U.S.C. 2803: Provided further, That of this amount $27,000,000 shall be
available to cover the incremental costs arising from the consequences
of Hurricane Georges, as authorized by 10 U.S.C. 2854: Provided further,
That the entire amount shall be available only to the extent an official
budget request for a specific dollar amount that includes designation of
the entire amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army National
Guard'' to cover the incremental costs arising from the consequences of
Hurricane Georges, $2,500,000, as authorized by 10 U.S.C. 2854, to
remain available until September 30, 1999: Provided, That the entire
amount shall be available only to the extent an official budget request
for a specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control of 1985, as amended, is
transmitted by the President to the Congress: Provided further, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
[[Page 112 STAT. 2681-562]]
Military Construction, Air National Guard
For an additional amount for ``Military Construction, Air National
Guard'' to cover the incremental costs arising from the consequences of
Hurricane Georges, $15,900,000, as authorized by 10 U.S.C. 2854, to
remain available until September 30, 1999: Provided, That the entire
amount shall be available only to the extent an official budget request
for a specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Family Housing, Army
For an additional amount for ``Family Housing, Army'' to cover the
incremental costs arising from the consequences of Hurricane Georges and
for the rehabilitation of family housing, $5,200,000, to remain
available until September 30, 1999: Provided, That notwithstanding any
other provision of law, of this amount $4,000,000 shall be available
only for the rehabilitation of family housing referred to in Section
8142 of the Department of Defense Appropriations Act of 1999: Provided
further, That the entire amount shall be available only to the extent an
official budget request for a specific dollar amount that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Family Housing, Navy and Marine Corps
For an additional amount for ``Family Housing, Navy and Marine
Corps'' to cover the incremental costs arising from the consequences of
Hurricane Bonnie, $10,599,000, as authorized by 10 U.S.C. 2854, to
remain available until September 30, 1999: Provided, That the entire
amount shall be available only to the extent an official budget request
for a specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Family Housing, Air Force
For an additional amount for ``Family Housing, Air Force'' to cover
the incremental costs arising from the consequences of Hurricane
Georges, $22,233,000, as authorized by 10 U.S.C. 2854, to remain
available until September 30, 1999: Provided, That the
[[Page 112 STAT. 2681-563]]
entire amount shall be available only to the extent an official budget
request for a specific dollar amount that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISION, THIS CHAPTER
Section 2304(c)(2) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 <> is
amended by striking ``$2,000,000,000'' and inserting ``$2,000,000''.
CHAPTER 4
DEPARTMENT OF TRANSPORTATION
Coast Guard
For an additional amount for necessary expenses for the operation
and maintenance of the Coast Guard, not otherwise provided for,
$100,000,000, of which $28,000,000 is only available for expenses
related to expansion of drug interdiction activities around Puerto Rico,
the United States Virgin Islands, and other transit zone areas of
operation, including costs to operate and maintain PC-170 patrol craft
offered by the Department of Defense: Provided, That the entire amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
For an additional amount for acquisition, construction, renovation,
and improvement of facilities and equipment, to be available for
expansion of Coast Guard drug interdiction activities, $100,000,000, to
remain available until expended and to be distributed as follows:
Acquisition and construction of Barracuda class coastal
patrol boats, $33,000,000;
Reactivation costs for up to 3 HU-25 aircraft for maritime
patrol, $7,500,000;
Acquisition of installed or deployable electronic sensors
and communication systems for Coast Guard cutters or boats,
$13,000,000;
Operational test and evaluation of the use of force from
aircraft, $2,500,000; and
[[Page 112 STAT. 2681-564]]
Acquisition of installed or deployable electronic sensors
for maritime patrol aircraft and not to exceed $5,800,000 for C-
130 engine upgrade, $44,000,000:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the extent
that an official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
For an additional amount for operating, maintenance, and training
expenses of the Coast Guard Reserve, including supplies, equipment and
services, $5,000,000: Provided, That none of these funds may be
transferred to Coast Guard ``Operating expenses'' or otherwise made
available to reimburse the Coast Guard for financial support of the
Coast Guard Reserves: Provided further, That the highest priority for
use of these funds shall be for enhancing drug interdiction activities
conducted by the Coast Guard Reserves: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an official
budget request for a specific dollar amount, that includes designation
of the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.
For an additional amount for necessary expenses for applied
scientific research, development, test, and evaluation, maintenance,
rehabilitation, lease and operation of facilities and equipment,
$5,000,000, to remain available until expended: Provided, That the
highest priority for use of these funds shall be the development of new
technologies or operational procedures which enhance drug interdiction
activities of the Coast Guard: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
[[Page 112 STAT. 2681-565]]
TITLE II--ANTITERRORISM
CHAPTER 1
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
For an additional amount for ``Salaries and Expenses'', $21,680,000,
to remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
DEPARTMENT OF STATE
Administration of Foreign Affairs
Notwithstanding section 15 of the State Department Basic Authorities
Act of 1956, an additional amount for ``Diplomatic and Consular
Programs'', $773,700,000, to remain available until expended, of which
$25,700,000 shall be available only to the extent that an official
budget request that includes the designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided, That as determined by the
Secretary of State, such funds may be used to procure services and
equipment overseas necessary to improve worldwide security and
reconstitute embassy operations in Kenya and Tanzania on behalf of any
other agency: Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Notwithstanding section 15 of the State Department Basic Authorities
Act of 1956, an additional amount for ``Salaries and Expenses'',
$12,000,000, to remain available until expended: Provided, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Notwithstanding section 15 of the State Department Basic Authorities
Act of 1956, an additional amount for ``Office of Inspector General'',
$1,000,000, to remain available until expended: Provided, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
[[Page 112 STAT. 2681-566]]
Notwithstanding section 15 of the State Department Basic Authorities
Act of 1956, an additional amount for ``Security and Maintenance of
United States Missions'', $627,000,000, to remain available until
expended; of which $56,000,000 is for security projects, relocations,
and security equipment on behalf of missions of other U.S. Government
agencies, which amount may be transferred to any appropriation for this
purpose, to be merged with and available for the same time period as the
appropriation to which transferred; and of which $185,000,000 is for
capital improvements or relocation of office and residential facilities
to improve security, which amount shall become available fifteen days
after notice thereof has been transmitted to the Appropriations
Committees of both Houses of Congress: Provided, That the entire amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Notwithstanding section 15 of the State Department Basic Authorities
Act of 1956, an additional amount for ``Emergencies in the Diplomatic
and Consular Service'', $10,000,000, to remain available until expended:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
CHAPTER 2
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $358,427,000, to remain available for obligation until expended:
Provided, That the Secretary of Defense may transfer these funds to
fiscal year 1999 appropriations for operation and maintenance;
procurement; research, development, test and evaluation; and family
housing: Provided further, That the funds transferred shall be merged
with and be available for the same purposes and for the same time period
as the appropriation to which transferred: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority available to the Department of Defense:
Provided further, That the entire amount made available under this
heading is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an official
budget request for $358,427,000, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control
[[Page 112 STAT. 2681-567]]
Act of 1985, as amended, is transmitted by the President to the
Congress.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 201. Maintenance and Operation of Equipment.--Section 374 of
title 10, United States Code, is amended--
(1) in subsection (b)(1)(A), by striking ``or'';
(2) in subsection (b)(1)(B), by striking the period at the
end, inserting in lieu thereof a semicolon and the following new
subparagraphs:
``(C) a foreign or domestic counter-terrorism
operation; or
``(D) a rendition of a suspected terrorist from a
foreign country to the United States to stand trial.'';
(3) in subsection (b)(2)(F)(i)--
(A) by inserting ``along with any other civilian or
military personnel who are supporting, or conducting, a
joint operation with civilian law enforcement
personnel;'' after ``the transportation of civilian law
enforcement personnel''; and
(B) by striking ``and'';
(4) in subsection (b)(2)(F)(ii)--
(A) by inserting ``and supporting'' after ``the
operation of a base of operations for civilian law
enforcement'';
(B) by striking the period at the end and inserting
in lieu thereof ``; and''; and
(C) by inserting at the end the following new
clause:
``(iii) the transportation of suspected terrorists
from foreign countries to the United States for trial
(so long as the requesting Federal law enforcement
agency provides all security for such transportation and
maintains custody over the suspect through the duration
of the transportation).'';
(5) in subsection (b)(4)(A), by striking ``an'' and
inserting in lieu thereof ``a Federal''; and
(6) in subsection (b)(4)(A), by inserting a new clause ``(v)
Any law, foreign or domestic, prohibiting terrorist
activities.'' after ``(iv) The Maritime Drug Law Enforcement Act
(46 U.S.C. App. 1901 et seq.).''.
Sec. 202. In addition to amounts appropriated or otherwise made
available in the Department of Defense Appropriations Act, 1999,
$50,000,000 is hereby appropriated, only to initiate and expand
activities of the Department of Defense to prevent, prepare for, and
respond to a terrorist attack in the United States involving weapons of
mass destruction: Provided, That $35,000,000 of the funds made available
in this section shall be transferred to the following accounts in the
specified amounts:
``National Guard Personnel, Army'', $4,000,000;
``National Guard Personnel, Air Force'', $1,000,000;
``Operation and Maintenance, Army'', $2,000,000;
``Operation and Maintenance, Army National Guard'',
$20,000,000; and
``Procurement, Defense-Wide'', $8,000,000:
[[Page 112 STAT. 2681-568]]
Provided further, That of the funds made available in this section,
$15,000,000 shall be transferred to ``Research, Development, Test and
Evaluation, Army'', only to develop and support a long term, sustainable
Weapons of Mass Destruction emergency preparedness training program:
Provided further, That funds transferred pursuant to this section shall
be merged with and be available for the same purposes and for the same
time period as the appropriation to which transferred: Provided further,
That the transfer authority provided in this section is in addition to
any other transfer authority available to the Department of Defense:
Provided further, That the entire amount provided in this section is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for $50,000,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Sec. 203. In addition to amounts appropriated or otherwise made
available in the Department of Defense Appropriations Act, 1999,
$120,500,000, to remain available for obligation until expended, is
appropriated to the proper accounts within the Department of the Air
Force: Provided, That the additional amount shall be made available only
for the provision of crisis response aviation support for critical
national security, law enforcement and emergency response agencies:
Provided further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available only to the
extent that an official budget request for $120,500,000, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the President of the United States
shall submit to the Congress by March 15, 1999, an interagency agreement
for the utilization of Department of Defense assets to support the
crisis response requirements of the Federal Bureau of Investigation and
the Federal Emergency Management Agency.
CHAPTER 3
FUNDS APPROPRIATED TO THE PRESIDENT
International Security Assistance
Notwithstanding section 10 of Public Law 91-672, for an additional
amount for ``Economic Support Fund'' for assistance for Kenya and
Tanzania, $50,000,000, to remain available until September 30, 2000:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That funds appropriated
[[Page 112 STAT. 2681-569]]
under this paragraph may be made available for administrative costs
associated with assistance provided under this paragraph: Provided
further, That $2,500,000 shall be transferred to and merged with
``Operating Expenses of the Agency for International Development'' for
security and related expenses: Provided further, That $1,269,000 shall
be transferred to and merged with ``Peace Corps'' for security and
related expenses: Provided further, That the transfers authorized in the
preceding provisos shall be in addition to sums otherwise available for
such purposes: Provided further, That funds appropriated under this
paragraph shall only be available through the regular notification
procedures of the Committees on Appropriations.
Nonproliferation, Anti-Terrorism, Demining and Related Programs
Notwithstanding section 15 of the State Department Basic Authorities
Act of 1956 and section 10 of Public Law 91-672, for an additional
amount for ``Nonproliferation, Anti-Terrorism, Demining and Related
Programs'' for anti-terrorism assistance, $20,000,000, to remain
available until September 30, 2000: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
CHAPTER 4
DEPARTMENT OF THE INTERIOR
National Park Service
For an additional amount for ``Operation of the National Park
System'' for emergency security related expenses, $2,320,000, to remain
available until expended: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
For an additional amount for ``Construction'' for emergency security
related expenses, $3,680,000, to remain available until expended:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
CHAPTER 5
ARCHITECT OF THE CAPITOL
Capitol Visitor Center
For necessary expenses for the planning, engineering, design, and
construction, as each such milestone is approved by the Committee on
Rules and Administration of the Senate, the
[[Page 112 STAT. 2681-570]]
Committee on House Oversight of the House of Representatives, the
Committees on Appropriations of the House of Representatives and of the
Senate, and other appropriate committees of the House of Representatives
and of the Senate, of a new facility to provide greater security for all
persons working in or visiting the United States Capitol and to enhance
the educational experience of those who have come to learn about the
Capitol building and Congress, $100,000,000, to be supplemented by
private funds, which shall remain available until expended: Provided,
That Section 3709 of the Revised Statutes of the United States (41
U.S.C. 5) shall not apply to the funds made available under this
heading: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
CAPITOL POLICE BOARD
Security Enhancements
For the Capitol Police Board for security enhancements to the
Capitol complex, including the buildings and grounds of the Library of
Congress, $106,782,000, to remain available until expended: Provided,
That such security enhancements shall be carried out in accordance with
a plan or plans approved by the Committee on House Oversight of the
House of Representatives, the Committee on Rules and Administration of
the Senate, the Committee on Appropriations of the House of
Representatives, and the Committee <> on
Appropriations of the Senate: Provided further, That the Capitol Police
Board shall transfer to the Architect of the Capitol such portion of the
funds made available under this heading as the Architect may require for
expenses necessary to provide support for the security enhancements,
subject to the approval of the Committee on Appropriations of the House
of Representatives and the Committee on Appropriations of the
Senate: <> Provided further, That the
Capitol Police Board shall transfer to the Librarian of Congress such
portion of the funds made available under this heading as the Librarian
may require for expenses necessary to provide support for the security
enhancements, subject to the approval of the Committee on Appropriations
of the House of Representatives and the Committee on Appropriations of
the Senate: Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
GENERAL PROVISION, THIS CHAPTER
The responsibility for design, installation, and <> maintenance of security systems to protect the physical security
of the buildings and grounds of the Library of Congress is transferred
from the Architect of the Capitol to the Capitol Police Board. Such
design, installation, and maintenance shall be carried out under the
direction of the Committee on House Oversight of the House of
Representatives and the Committee on Rules and Administration of the
Senate, and without regard to section 3709 of the Revised Statutes of
the United States (41 U.S.C. 5). Any alteration to a structural,
mechanical, or architectural feature of the buildings
[[Page 112 STAT. 2681-571]]
and grounds of the Library of Congress that is required for a security
system under the preceding sentence may be carried out only with the
approval of the Architect of the Capitol.
CHAPTER 6
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
For an additional amount for ``Facilities and Equipment'',
$100,000,000, for necessary expenses for acquisition, installation and
related activities supporting the deployment of bulk and trace
explosives detection systems and other advanced security equipment at
airports in the United States, to remain available until September 30,
2001: Provided, That the entire amount shall be available only to the
extent an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
CHAPTER 7
DEPARTMENT OF THE TREASURY
Federal Law Enforcement Training Center
For an additional amount for ``Salaries and Expenses'', $3,548,000,
to remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
United States Secret Service
For an additional amount for ``Salaries and Expenses'', $80,808,000,
to remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
[[Page 112 STAT. 2681-572]]
TITLE III--YEAR 2000 CONVERSION OF FEDERAL INFORMATION TECHNOLOGY
SYSTEMS
FISCAL YEAR 1999 EMERGENCY SUPPLEMENTAL APPROPRIATIONS
FUNDS APPROPRIATED TO THE PRESIDENT
For an additional amount for emergency expenses related to Year 2000
conversion of Federal information technology systems, and related
expenses, $2,250,000,000, to remain available until September 30, 2001,
of which $5,500,000 shall be transferred to the Legislative Branch for
``SENATE'', ``Contingent Expenses of the Senate'', ``Sergeant at Arms
and Doorkeeper of the Senate'' for salaries and expenses related to Year
2000 conversion of Senate information technology systems: Provided, That
the funds may be obligated with the prior approval of the Senate
Committee on Appropriations; and of which, $6,373,000 shall be
transferred to the Legislative Branch for ``HOUSE OF REPRESENTATIVES'',
``Salaries and Expenses'', ``Salaries, Officers and Employees'' for
salaries and expenses related to Year 2000 conversion of House of
Representatives information technology systems; and of which $5,000,000
shall be transferred to the Legislative Branch for ``GENERAL ACCOUNTING
OFFICE'', ``Information Technology Systems and Related Expenses'' for
expenses related to Year 2000 conversion of information technology
systems and related expenses of all entities in the Legislative Branch
other than the ``Senate'' and ``House of Representatives'' covered by
the Legislative Branch Appropriations Act, 1998 (Public Law 105-55),
which the Comptroller General shall transfer to the affected entities in
the Legislative Branch, upon the approval of the House and Senate
Committees on Appropriations; and of which $13,044,000 shall be
transferred to the Judiciary to the Judiciary Information Technology
Fund for expenses related to Year 2000 conversion of Judicial Branch
information technology and security systems: Provided further, That the
remaining funds made available shall be transferred, as necessary, by
the Director of the Office of Management and Budget to all affected
Federal Departments and Agencies, except the Department of Defense, for
expenses necessary to ensure the information technology that is used or
acquired by the Federal government meets the definition of Year 2000
compliant under Federal Acquisition Regulations (concerning accurate
processing of date/time data, including calculating, comparing, and
sequencing from, into, and between the twentieth and twenty-first
centuries, and the years 1999 and 2000 and leap year calculations) and
to meet other criteria for Year 2000 compliance as the head of each
Department or Agency considers appropriate: Provided further, That none
of the funds provided under this heading, except those transferred to
the Legislative Branch and the Judiciary, may be transferred to any
Department or Agency until fifteen days after the Director of the Office
of Management and Budget has submitted to the House and Senate
Committees on Appropriations, the Senate Special Committee on the Year
2000 Technology Problem, the House Committee on Science, and the House
Committee on Government
[[Page 112 STAT. 2681-573]]
Reform and Oversight, a proposed allocation and plan for that Department
or Agency to achieve Year 2000 compliance for technology information
systems: Provided further, That the transfer authority provided in this
paragraph is in addition to any other transfer authority contained
elsewhere in this or any other Act: Provided further, That funds
provided under this heading shall be in addition to funds available in
this or any other Act for Year 2000 compliance by any Federal Department
or Agency: Provided further, That the entire amount, except those
amounts transferred to the Legislative Branch and the Judiciary, shall
be available only to the extent that an official budget request that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Information Technology Systems and Security Transfer Account
For emergency expenses relating to Year 2000 conversion of
information technology and national security systems, for information
technology, and infrastructure protection to include computer security/
information assurance programs, and for related expenses,
$1,100,000,000, to remain available until September 30, 2001: Provided,
That the funds made available shall be transferred, as necessary, by the
Secretary of Defense to any account in any previously enacted Department
of Defense Appropriations Act for expenses necessary to ensure the
information technology that is used or acquired by the Federal
government meets the definition of Year 2000 compliant under Federal
Acquisition Regulations (concerning accurate processing of date/time
data, including calculating, comparing, and sequencing from, into, and
between the twentieth and twenty-first centuries, and the years 1999 and
2000 and leap year calculations) and to meet other criteria for Year
2000 compliance as the Secretary considers appropriate: Provided
further, That none of the funds provided under this heading may be
transferred to any other account until fifteen days after the Secretary
of Defense has submitted to the House and Senate Committees on
Appropriations, the Senate Special Committee on the Year 2000 Technology
Problem, the House Committee on Science, and the House Committee on
Government Reform and Oversight, a proposed allocation and plan for the
Department of Defense to achieve Year 2000 compliance for technology
information systems: Provided further, That the funds transferred shall
be merged with and shall be available for the same purposes and for the
same time period as the appropriation to which transferred: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority available to the Department of
Defense: Provided further, That funds provided under this heading
[[Page 112 STAT. 2681-574]]
shall be in addition to funds available in this or any other Act making
appropriations for the Department of Defense for Year 2000 compliance
and related activities: Provided further, That the entire amount made
available under this heading is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount made available under this heading shall
be available only to the extent that an official budget request for a
specific dollar amount, that includes designation of the entire amount
of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
TITLE IV--OTHER EMERGENCIES
CHAPTER 1
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
In addition to the amounts appropriated or otherwise made available
for this purpose, $5,000,000 is appropriated to the Department of
Commerce to remain available until expended to provide emergency
disaster assistance to persons or entities in the Northeast multispecies
fishery who have incurred losses from a commercial fishery failure under
section 308(b) of the Interjurisdictional Fisheries Act of 1986, as
amended: Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available only to the
extent an official budget request, for a specific dollar amount, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted to the Congress.
RELATED AGENCY
Small Business Administration
For an additional amount for the cost of direct loans, $71,000,000,
to remain available until expended to subsidize additional gross
obligations for the principal amount of direct loans: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974; and for
administrative expenses to carry out the disaster loan program, an
additional $30,000,000 to remain available until expended, which may be
transferred to and merged with appropriations for ``Salaries and
Expenses'': Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced
[[Page 112 STAT. 2681-575]]
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the extent
that an official budget request, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
CHAPTER 2
DEPARTMENT OF DEFENSE--CIVIL-
Department of the Army
Corps of Engineers--Civil
For an additional amount for emergency repairs and dredging due to
flooding, $2,500,000, to remain available until expended, which shall be
available only to the extent an official budget request for a specific
dollar amount that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
For an additional amount for emergency repairs and dredging due to
flooding, $99,700,000, to remain available until expended, of which such
amounts for eligible navigation projects which may be derived from the
Harbor Maintenance Trust Fund pursuant to Public Law 99-662, shall be
derived from that Fund: Provided, That the entire amount shall be
available only to the extent an official budget request for a specific
dollar amount that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
CHAPTER 3
FUNDS APPROPRIATED TO THE PRESIDENT
Notwithstanding section 10 of Public Law 91-672, for an additional
amount for ``Child Survival and Disease Programs Fund'',
[[Page 112 STAT. 2681-576]]
$50,000,000, to remain available until expended: Provided, That the
entire amount shall be available only to the extent that an official
budget request for a specific dollar amount that includes designation of
the entire amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Other Bilateral Economic Assistance
Notwithstanding section 10 of Public Law 91-672, for an additional
amount for ``Assistance for the New Independent States of the former
Soviet Union,'' $46,000,000, to remain available until September 30,
2000: Provided, That the entire amount shall be available only to the
extent that an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
UNANTICIPATED NEEDS
For an additional amount for ``Unanticipated Needs'', $30,000,000,
to remain available until expended, only for a grant to the American Red
Cross for reimbursement of disaster relief, recovery expenditures, and
emergency services: Provided, That the entire amount shall be available
only to the extent that an official budget request for a specific dollar
amount that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the balanced Budget and Emergency Deficit Control Act of
1985, as amended.
CHAPTER 4
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
For an additional amount for ``Construction'', $25,000,000, to
remain available until expended, to repair damage due to hurricanes,
floods and other acts of nature: Provided, That the entire amount is
designated by the Congress as an emergency requirement
[[Page 112 STAT. 2681-577]]
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
amount provided shall be available only to the extent that an official
budget request that includes designation of the entire amount as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
National Park Service
For an additional amount for ``Construction'', $10,000,000, to
remain available until expended, to repair damage due to hurricanes,
floods and other acts of nature: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the amount
provided shall be available only to the extent that an official budget
request that includes designation of the entire amount as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
United States Geological Survey
For an additional amount for ``Surveys, Investigations, and
Research'', $1,000,000, to remain available until expended, to repair
damage due to hurricanes, floods and other acts of nature: Provided,
That the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That the amount provided shall be available only to the extent that an
official budget request that includes designation of the entire amount
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
CHAPTER 5
DEPARTMENT OF LABOR
Employment and Training Administration
For an additional amount for ``Training and Employment Services'' to
carry out section 402 of the Job Training Partnership Act, $7,000,000,
to be available upon enactment and remain available through June 30,
1999: Provided, That the entire amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
[[Page 112 STAT. 2681-578]]
CHAPTER 6
DEPARTMENT OF TRANSPORTATION
Coast Guard
For an additional amount for ``Acquisition, Construction, and
Improvements'', for facility replacement or repairs arising from the
consequences of Hurricane Georges, $12,600,000, to remain available
until expended: Provided, That the entire amount shall be available only
to the extent an official budget request for a specific dollar amount
that includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress: Provided further, That the entire amount is designated
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
CHAPTER 7
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
For an additional amount for ``Community development block grants'',
as authorized under title I of the Housing and Community Development Act
of 1974, $250,000,000, which shall remain available until September 30,
2002, for use only for disaster relief, long-term recovery, and
mitigation in communities affected by Presidentially-declared natural
disasters designated during fiscal years 1998 and 1999, except for those
activities reimbursable by or for which funds are made available by the
Federal Emergency Management Agency, the Small Business Administration,
or the Army Corps of Engineers: Provided, That in administering these
amounts and except as provided in the next proviso, the Secretary of
Housing and Urban Development (the Secretary) may waive or specify
alternative requirements for any provision of any statute or regulation
that the Secretary administers in connection with the obligation by the
Secretary or the use by the recipient of these funds, except for
statutory requirements related to civil rights, fair housing and
nondiscrimination, the environment, and labor standards, upon a finding
that such waiver is required to facilitate the use of such funds and
would not be inconsistent with the overall purpose of the statute:
Provided further, That the Secretary may waive the requirements that
activities benefit persons of low and moderate income, except that at
least 50 percent of the funds under this heading must benefit primarily
persons of low and moderate income unless the Secretary makes a finding
of compelling need: Provided further, That, upon a finding of compelling
need, the Secretary must provide an explanation of the finding to the
Committees on Appropriations: Provided further, That all funds under
this heading shall be allocated by the Secretary to states (including
Indian tribes for all purposes under this heading) to be administered
[[Page 112 STAT. 2681-579]]
by each state in conjunction with its Federal Emergency Management
Agency program or its community development block grants program or by
the entity designated by its Chief Executive Officer to administer the
HOME Investment Partnerships Program: Provided further, That each state
shall provide not less than 25 percent in non-Federal public matching
funds or its equivalent value (other than administrative costs) for any
funds allocated to the state under this heading: Provided further, That,
in conjunction with the Director of the Federal Emergency Management
Agency (the Director), the Secretary shall allocate funds based on the
unmet needs identified by the Director as those which have not or will
not be addressed by other federal disaster assistance programs: Provided
further, That, in conjunction with the Director, the Secretary shall
utilize annual disaster cost estimates in order that the funds under
this heading shall be available, to the maximum extent feasible, to
assist states with all Presidentially declared disasters <> designated during these fiscal years: Provided
further, That the Secretary shall publish a notice in the Federal
Register governing the allocation and use of the community development
block grants funds made available under this heading for disaster areas:
Provided further, That any project or activity underway prior to a
Presidentially declared disaster may not receive funds under this
heading unless the disaster directly impacted the project: Provided
further, <> That 10 days prior to distribution of funds,
the Secretary and the Director shall submit a list to the Committees on
Appropriations, setting forth the proposed uses of funds, including an
explanation of why other Federal disaster assistance programs do not
cover the costs of unmet needs identified by the Director, the most
recent estimates of unmet needs (including all uses of waivers and the
reasons therefore), and an explanation of how the disaster impacted the
proposed project: Provided further, That the Secretary and the Director
shall submit quarterly reports to the Committees on Appropriations
regarding the actual projects, localities and needs for which funds have
been provided: Provided further, That these reports shall be based upon
quarterly reports submitted to the Secretary and the Director by each
state receiving funds under this heading: Provided further, That the
entire amount shall be available only to the extent an official budget
request, that includes designation of the entire amount of the request
as an emergency requirement as defined by the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
INDEPENDENT AGENCY
Federal Emergency Management Agency
For an additional amount for ``Disaster relief'', $906,000,000, to
remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that
[[Page 112 STAT. 2681-580]]
an official budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
TITLE V--COUNTER-DRUG ACTIVITIES AND INTERDICTION
CHAPTER 1
Department of Agriculture
``Agriculture Research Service'', Department of Agriculture,
$23,000,000, for additional counterdrug research and development
activities: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That such amounts shall be available only to
the extent an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an emergency
requirement as defined in such Act is transmitted by the President to
the Congress.
CHAPTER 2
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
For an additional amount for ``Salaries and Expenses'', $10,200,000,
to remain available until expended, of which the entire amount shall be
available only to the extent that an official budget request that
includes the designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Immigration and Naturalization Service
For an additional amount for ``Salaries and Expenses, Enforcement
and Border Affairs,'' $10,000,000, to remain available until expended,
of which the entire amount shall be available only to the extent that an
official budget request that includes the designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section
[[Page 112 STAT. 2681-581]]
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
CHAPTER 3
DEPARTMENT OF STATE
International Narcotics Control and Law Enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $232,600,000, to remain available until expended:
Provided, That such funds shall be made available subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That the entire amount shall be available only to the extent
that an official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
CHAPTER 4
DEPARTMENT OF TRANSPORTATION
Coast Guard
operating expenses
For an additional amount for necessary expenses for the operation
and maintenance of the Coast Guard, not otherwise provided for,
$16,300,000, available solely for expenses related to the expansion of
drug interdiction activities around Puerto Rico, the United States
Virgin Islands, and other transit zone areas of operation, including
costs to operate and maintain PC-170 patrol craft offered by the
Department of Defense: Provided, That $4,000,000 of these funds shall be
used only for the establishment and operating costs of a Caribbean
International Support Tender, to train and support foreign coast guards
in the Caribbean region: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
acquisition, construction, and improvements
For an additional amount for acquisition, construction, renovation,
and improvement of facilities and equipment, to be available for
expansion of Coast Guard drug interdiction activities, $117,400,000, to
remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency
[[Page 112 STAT. 2681-582]]
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent that an
official budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
CHAPTER 5
DEPARTMENT OF THE TREASURY
Departmental Offices
For an additional amount for ``Salaries and Expenses'', $1,500,000,
to remain available until expended for necessary expenses for an
interagency money laundering initiative: Provided, That funds shall be
available for transfer to the National Foreign Intelligence Program:
Provided further, That the entire amount shall be available only to the
extent that an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That none of the funds provided under this heading may be
obligated until fifteen days after notice thereof has been transmitted
to the Committees on Appropriations.
United States Customs Service
For an additional amount for ``Salaries and Expenses'',
$106,300,000, to remain available until expended for counterdrug
initiatives: Provided, That the entire amount shall be available only to
the extent that an official budget request for a specific dollar amount
that includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That none of the funds provided under this
heading may be obligated until fifteen days after notice thereof has
been transmitted to the Committees on Appropriations.
[[Page 112 STAT. 2681-583]]
For an additional amount for ``Operation, Maintenance and
Procurement, Air and Marine Interdiction Programs'', $162,700,000, to
remain available until expended: Provided, That of the amount provided,
$153,000,000 shall be available for the procurement and conversion of
two P-3B AEW aircraft and four P-3B Slick aircraft to be transferred
from the Department of Defense to the Customs Service: Provided further,
That the entire amount shall be available only to the extent that an
official budget request for a specific dollar amount that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That none of the funds provided under this heading may be
obligated until fifteen days after notice thereof has been transmitted
to the Committees on Appropriations.
For an additional amount for ``Customs Facilities, Construction,
Improvements and Related Expenses'', $7,000,000, to remain available
until expended: Provided, That the entire amount shall be available only
to the extent that an official budget request for a specific dollar
amount that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That none of the funds provided under this
heading may be obligated until fifteen days after notice thereof has
been transmitted to the Committees on Appropriations.
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Office of National Drug Control Policy
For an additional amount for ``Salaries and Expenses'', $1,200,000:
Provided, That the entire amount shall be available only to the extent
that an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That none of the funds provided under this heading may
[[Page 112 STAT. 2681-584]]
be obligated until fifteen days after notice thereof has been
transmitted to the Committees on Appropriations.
For an additional amount to support the National Drug Court
Institute, $2,000,000, to remain available until expended: Provided,
That the entire amount shall be available for transfer to the National
Drug Court Institute: Provided further, That the entire amount shall be
available only to the extent that an official budget request for a
specific dollar amount that includes designation of the entire amount of
the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided further, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That none of the funds
provided under this heading may be obligated until fifteen days after
notice thereof has been transmitted to the Committees on Appropriations.
TITLE VI--GENERAL PROVISION
No part of any appropriation contained in this Division of this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
DIVISION C--OTHER MATTERS
TITLE I--OTHER MATTERS
Sec. 101. <> Acting Treasury Inspector
General for Tax Administration. (a) In General.--Notwithstanding any
other provision of law, the President may appoint an acting Treasury
Inspector General for Tax Administration to serve during the period--
(1) beginning on the date of the enactment of this section
(or, if later, the date of the appointment), and
(2) ending on the earlier of--
(A) April 30, 1999, or
(B) the date on which the first Treasury Inspector
General for Tax Administration takes office (other than
pursuant to this section).
(b) Duties Before January 18, 1999.--The acting Treasury Inspector
General for Tax Administration appointed under subsection (a) shall,
before January 18, 1999, take only such actions as are necessary to
begin operation of the Office of Treasury Inspector General for Tax
Administration, including--
(1) making interim arrangements for administrative support
for the Office,
(2) establishing interim positions in the Office into which
personnel will be transferred upon the transfer of functions and
duties to the Office on January 18, 1999,
(3) appointing such acting personnel on an interim basis as
may be necessary upon the transfer of functions and duties to
the Office on January 18, 1999, and
[[Page 112 STAT. 2681-585]]
(4) providing guidance and input for the fiscal year 2000
budget process for the Office.
(c) Actions Not To Limit Authority of IG.--None of the actions taken
by an individual appointed under subsection (a) shall affect the future
authority of any Treasury Inspector General for Tax Administration not
appointed under subsection (a).
(d) Limitations.--
(1) Nomination.--No individual appointed under subsection
(a) may serve on or after January 19, 1999, unless on or before
such date the President has submitted to the Senate his
nomination of an individual to serve as the first Treasury
Inspector General for Tax Administration.
(2) Treasury inspector general may not serve.--No individual
appointed under subsection (a) may serve during any period such
individual is serving as the Inspector General of the Treasury
of the United States or the acting Inspector General of the
Treasury of the United States.
(3) Employment restrictions.--The provisions of section
8D(j) of the Inspector General Act of 1978 (5 U.S.C. App.) shall
apply to any individual appointed under subsection (a).
Sec. 102. Section 122 of Public Law 105-119 (5 U.S.C. 3104 note) is
amended--
(1) by amending subsection (g) to read as follows:
``(g)(1) <> Notwithstanding any other
provision of law and subject to paragraph (2), the Secretary of the
Treasury is authorized to establish, for a period of three years from
date of enactment of this provision, a personnel management
demonstration project providing for the compensation and performance
management of not more than a combined total of 950 employees who fill
critical scientific, technical, engineering, intelligence analyst,
language translator, and medical positions in the Bureau of Alcohol,
Tobacco and Firearms, the United States Customs Service, and the United
States Secret Service.
``(2) The provisions of subsections (b) through (f) and subsection
(h) shall apply to the demonstration project authorized by paragraph (1)
except that--
``(A) any reference in such subsections to the Director of
the Federal Bureau of Investigation shall include a reference to
the Secretary of the Treasury;
``(B) the operating plan required by subsection (d) shall be
submitted not later than February 1, 1999 to the House and
Senate Committees on Appropriations, the House Committee on
Government Reform and Oversight, the Senate Committee on
Governmental Affairs, the House Committee on Ways and Means, and
the Senate Committee on Finance; and
``(C) the report required by subsection (f) shall be
submitted not later than March 31, 2001.''; and
(2) by amending subsection (h) to read as follows--
``(h) <> The authority to establish a
demonstration project under this section shall terminate on November 26,
2000.''.
Sec. 103. Section 824 of the Foreign Service Act <> is amended:
(1) in subsection (a)(1)(A) by inserting ``or in the case of
a waiver under subsection (g)'' after ``subsection (b)''; and
(2) by adding the following new subsections (g) and (h) at
the end:
``(g) The Secretary of State may waive the application of the
paragraphs (a) through (d) of this section, on a case-by-case basis,
[[Page 112 STAT. 2681-586]]
for an annuitant reemployed on a temporary basis, but only if, and for
so long as, the authority is necessary due to an emergency involving a
direct threat to life or property or other unusual circumstances.
``(h) A reemployed annuitant as to whom a waiver under subsection
(g) is in effect shall not be considered a participant for purposes of
subchapter I or subchapter II, or an employee for purposes of chapter 83
or 84 of title 5, United States Code.''.
Sec. 104. Title II of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (Public Law 99-399) is amended by adding the
following new section at the end:
``SEC. 206. <> CONTRACTING AUTHORITY.
``The Secretary of State is authorized to employ individuals or
organizations by contract to carry out the purposes of this Act, and
individuals employed by contract to perform such services shall not by
virtue of such employment be considered to be employees of the United
States Government for purposes of any law administered by the Office of
Personnel Management (except that the Secretary may determine the
applicability to such individuals of any law administered by the
Secretary concerning the employment of such individuals); and such
contracts are authorized to be negotiated, the terms of the contracts to
be prescribed, and the work to be performed, where necessary, without
regard to such statutory provisions as relate to the negotiation, making
and performance of contracts and performance of work in the United
States.''.
Sec. 106. Intrastate Bus Transportation in Hawaii. Section
14501(a)(1) of Title 49, United States Code, is amended by striking
``operations'' and inserting ``operations, or to intrastate bus
transportation of any nature in the State of Hawaii''.
Sec. 107. Provisions of 23 U.S.C. 125(b)(1) shall not apply to
emergency relief projects resulting from the flooding in the State of
California in January and March 1995.
Sec. 108. For the purpose of any Rule of the House of
Representatives, notwithstanding any other provision of law, any
obligation limitation relating to surface transportation projects under
section 1602 of P.L. 105-178 shall be assumed to be administered on the
basis of sound program management practices that are consistent with
past practices of the administering agency permitting States to decide
High Priority Project funding priorities within state program
allocations.
Sec. 109. Operation of <> Trailers. (a)
Registration of Trailers.--A State that requires annual registration of
container chassis and the apportionment of fees for such registrations
in accordance with the International Registration Plan (as defined under
section 31701 of title 49, United States Code) shall not limit the
operation, or require the registration, in the State of a container
chassis (or impose fines or penalties on the operation of a container
chassis for being operated in the State without a registration issued by
the State) if such chassis--
(1) is registered under the laws of another State; and
(2) is operating under a trip permit issued by the State.
(b) Limitation on Registration of Trailers.--A State described in
subsection (a) may not deny the use of trip permits for the operation in
the State of a container chassis that is registered under the laws of
another State.
[[Page 112 STAT. 2681-587]]
(c) Safety Regulation.--This section shall apply to registration
requirements only and shall not affect the ability of the State to
regulate for safety.
(d) Penalties.--No State described in subsection (a), political
subdivision of such a State, or person may impose or collect any fee,
penalty, fine, or other form of damages which is based in whole or in
part upon the nonpayment of a State registration fee (including related
weight and licensing fees assessed as part of registration) attributable
to a container chassis operated in the State (and registered in another
State) before the date of enactment of this Act, unless it is shown by
the State, political subdivision, or person that such container chassis
was not operated in the State under a trip permit issued by the State.
(e) Container Chassis Defined.--In this section, the term
``container chassis'' means a trailer, semi-trailer, or auxiliary axle
used exclusively for the transportation of ocean shipping containers.
Sec. 110. Reauthorization of the Federal Aviation Administration.
(a) <> Period of Applicability of Certain
Amendments.--Effective September 29, 1998, section 125 of the Federal
Aviation Reauthorization Act of 1996 (49 U.S.C. 47114 note; 110 Stat.
3220) is repealed.
(b) Airport Improvement Program.--
(1) Authorization of appropriations.--Section 48103 of title
49, United States Code, is amended--
(A) by striking ``September 30, 1996'' and inserting
``September 30, 1998''; and
(B) by striking ``$2,280,000,000'' and all that
follows through the period at the end and inserting the
following: ``$1,205,000,000 for the six-month period
beginning October 1, 1998''.
(2) Obligational authority.--Section 47104(c) of title 49,
United States Code, is amended by striking ``September 30,
1998'' and inserting ``March 31, 1999''.
(c) Aviation Insurance Program Amendments.--
(1) Reimbursement of insured party's subrogee.--Section
44309(a) of title 49, United States Code, is amended to read as
follows:
``(a) Losses.--
``(1) Actions against united states.--A person may bring a
civil action in a district court of the United States or in the
United States Court of Federal Claims against the United States
Government when--
``(A) a loss insured under this chapter is in
dispute; or
``(B)(i) the person is subrogated under a contract
between the person and a party insured under this
chapter (other than section 44305(b)) to the rights of
the insured party against the United States Government;
and
``(ii) the person has paid to the insured party,
with the approval of the Secretary of Transportation, an
amount for a physical damage loss that the Secretary has
determined is a loss covered by insurance issued under
this chapter (other than section 44305(b)).
``(2) Limitation.--A civil action involving the same matter
(except the action authorized by this subsection) may not be
brought against an agent, officer, or employee of the Government
carrying out this chapter.
[[Page 112 STAT. 2681-588]]
``(3) Procedure.--To the extent applicable, the procedure in
an action brought under section 1346(a)(2) of title 28, United
States Code, applies to an action under this subsection.''.
(2) Extension of aviation insurance program.--Section 44310
of such title is amended by striking ``December 31, 1998.'' and
inserting ``March 31, 1999.''.
(d) Eligibility of AIP Funds to Assess Y2K Compliance.--
(1) Eligibility.--For fiscal year 1999 the term ``airport
development'' under section 47102(3) of title 49, United States
Code, may include activities of an airport sponsor of a
commercial service airport (as defined by section 47102(7) of
such title) to assess the Year 2000 processing capabilities of
any airport facilities, technology systems, or equipment owned
by the airport sponsor and directly related to airport
activities, regardless of whether such facilities, systems, or
equipment are otherwise eligible for assistance under chapter
471 of such title. Such activities may include testing
associated with such assessment.
(2) Limitations.--
(A) Only funds apportioned to sponsors under section
47114(c) of title 49, United States Code, or to States
under subsections (d) and (e) of section 47114 of such
title, may be used for activities described in paragraph
(1).
(B) The expanded eligibility under paragraph (1)
applies only to the assessment (and associated testing)
with respect to the Year 2000 processing capabilities of
airport facilities, systems, and equipment owned by the
airport sponsor.
(3) Definition.--In this subsection, the term ``Year 2000
processing'' means the processing (including, without
limitation, calculating, comparing, sequencing, displaying, or
storing), transmitting, or receiving of date or date/time data
from, into, and between the twentieth and twenty-first
centuries, and the years 1999 and 2000, and leap year
calculations.
(e) Scorekeeping Adjustment.--Notwithstanding Rule 3 of the Budget
Scorekeeping Guidelines set forth in the Joint Explanatory Statement of
the Committee of Conference accompanying Conference Report No. 105-217,
legislation in this section that would have been estimated by the Office
of Management and Budget as changing direct spending or receipts under
section 252 of the Balanced Budget and Emergency Deficit Control Act of
1985 were it included in an Act other than an appropriation Act shall be
treated as direct spending or receipts legislation, as appropriate,
under section 252 of the Balanced Budget and Emergency Deficit Control
Act of 1985.
(f) Joint Venture Agreements.
(1) In general.--Subchapter I of chapter 417 is amended by
adding at the end the following:
``Sec. 41716. Joint venture agreements <>
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Joint venture agreement.--The term `joint venture
agreement' means an agreement entered into by a major air
carrier on or after January 1, 1998, with regard to (A) code-
sharing, blocked-space arrangements, long-term wet leases (as
defined in section 207.1 of title 14, Code of Federal
Regulations)
[[Page 112 STAT. 2681-589]]
of a substantial number (as defined by the Secretary by
regulation) of aircraft, or frequent flyer programs, or (B) any
other cooperative working arrangement (as defined by the
Secretary by regulation) between 2 or more major air carriers
that affects more than 15 percent of the total number of
available seat miles offered by the major air carriers.
``(2) Major air carrier.--The term `major air carrier' means
a passenger air carrier that is certificated under chapter 411
of this title and included in Carrier Group III under criteria
contained in section 04 of part 241 of title 14, Code of Federal
Regulations.
``(b) Submission of Joint Venture Agreement.--At least 30 days
before a joint venture agreement may take effect, each of the major air
carriers that entered into the agreement shall submit to the Secretary--
``(1) a complete copy of the joint venture agreement and all
related agreements; and
``(2) other information and documentary material that the
Secretary may require by regulation.
``(c) Extension of Waiting Period.--
``(1) In general.--The Secretary may extend the 30-day
period referred to in subsection (b) until--
``(A) in the case of a joint venture agreement with
regard to code-sharing, the 150th day following the last
day of such period; and
``(B) in the case of any other joint venture
agreement, the 60th day following the last day of such
period.
``(2) <> Publication
of reasons for extension.--If the Secretary extends the 30-day
period referred to in subsection (b), the Secretary shall
publish in the Federal Register the Secretary's reasons for
making the extension.
``(d) Termination of Waiting Period.--At any time after the date
of submission of a joint venture agreement under subsection (b), the
Secretary may terminate the waiting periods referred to in subsections
(b) and (c) with respect to the agreement.
``(e) Regulations.--The effectiveness of a joint venture agreement
may not be delayed due to any failure of the Secretary to issue
regulations to carry out this section.
``(f) Memorandum To Prevent Duplicative Reviews.--Promptly after
the date of enactment of this section, the Secretary shall consult with
the Assistant Attorney General of the Antitrust Division of the
Department of Justice in order to establish, through a written
memorandum of understanding, preclearance procedures to prevent
unnecessary duplication of effort by the Secretary and the Assistant
Attorney General under this section and the antitrust laws of the United
States, respectively.
``(g) Prior Agreements.--With respect to a joint venture agreement
entered into before the date of enactment of this section as to which
the Secretary finds that--
``(1) the parties submitted the agreement to the Secretary
before such date of enactment; and
``(2) the parties submitted all information on the agreement
requested by the Secretary,
the waiting period described in paragraphs (2) and (3) shall begin on
the date, as determined by the Secretary, on which all such information
was submitted and end on the last day to which the period could be
extended under this section.
[[Page 112 STAT. 2681-590]]
``(h) Limitation on Statutory Construction.--The authority granted
to the Secretary under this section shall not in any way limit the
authority of the Attorney General to enforce the antitrust laws as
defined in the first section of the Clayton Act (15 U.S.C. 12).''.
(2) Conforming amendment.--The analysis for subchapter I of
chapter 417 is amended by adding at the end the following:
``41716. Joint venture agreements.''.
(g) Competitive Practices in the Airline Industry.--
(1) National Research Council.--
(a) Study.--The National Research Council of the
National Academy of Sciences shall complete a
comprehensive update of the 1991 study of airline
deregulation prepared by the Transportation Research
Board of the Council. The update shall include updated
versions of the chapters contained in the study
pertaining to competitive issues in the airline industry
as well as recommendations for changes in the statutory
framework under which the airline industry operates.
(b) Report by national research council.--Not later
than 6 months after the date of enactment of this Act,
the National Research Council shall transmit to Congress
and the Secretary of Transportation a report containing
the results of the study conducted under paragraph (a).
(c) Report by the secretary.--Not later than 2
months after the date on which the Secretary receives
the report of the National Research Council under
paragraph (b), the Secretary shall transmit to Congress
a report containing the response of the Secretary to the
findings and recommendations of the National Research
Council.
(2) Report to Congress.--The Secretary shall conduct a study
and transmit to Congress a report that includes--
(a) a description of any complaints received by the
Secretary concerning acts of unfair competition or
predatory pricing in the airline industry (including the
number of such complaints) and of specific examples of
such acts;
(b) a description of the options of the Secretary
for addressing any acts of unfair competition or
predatory pricing identified under paragraph (a);
(c) an analysis of the guidelines proposed in Docket
OST-98-3713, including information documenting and
quantifying the impact of the guidelines on the items
listed in subsection (3)(c); and
(d) a description of the manner in which the
Secretary plans to coordinate the handling of predatory
pricing and unfair competition complaints against air
carriers filed with the Secretary and similar complaints
filed with the Attorney General, including methods to
ensure efficient use of limited government resources and
to ensure that all parties avoid duplicate requests by
government agencies for information unless each of the
agencies needs the information to carry out its
statutory responsibilities.
(3) Guidelines.--
[[Page 112 STAT. 2681-591]]
(a) Issuance.--The Secretary shall not issue final
guidelines in Docket OST-98-3713 before the date of
transmittal to Congress of a report under subsection
(2).
(b) Transmittal to congress.--If the Secretary
issues final guidelines in Docket OST-98-3713, the
Secretary shall transmit the guidelines to Congress.
(c) Impact of guidelines.--If, as a result of the
study conducted under subsection (2), the Secretary
decides to issue final guidelines in Docket OST-98-3713
that are different from the guidelines originally
proposed, the Secretary shall, as part of the
transmittal under paragraph (b), include information
that documents and quantifies the impact of the
guidelines on the following:
(i) Scheduled service to small- and medium-
sized communities.
(ii) Airfares, including the availability of
senior citizen, Internet, and standby discounts on
routes covered by the guidelines.
(iii) The incentive and ability of major air
carriers to offer low airfares.
(iv) The incentive of new entrant air carriers
to offer low airfares.
(v) The ability of air carriers to offer
inclusive leisure travel for which airfares are
not separately advertised.
(vi) Members of frequent flyer programs.
(vii) The ability of air carriers to carry
nonorigination and destination traffic on the
portion of routes that are served by new entrant
air carriers covered by the guidelines.
(viii) Airline employees.
(4) Consultation.--In conducting the study under section
(2), the Secretary shall consult with the Attorney General,
major air carriers, new entrant air carriers, airport and
community leaders, academic and economic experts, and airline
employees and passengers.
(5) Effective Date.--The guidelines adopted in Docket OST-
98-3713, or any similar guidelines, shall not become effective
before the last day of the 12-week period beginning on the date
of transmittal to Congress of final guidelines in Docket OST-98-
3713, except that a week shall not count toward such 12-week
period unless the House of Representatives is in session for
legislative business at least 1 day during the week.
Sec. 111. Steel Imports Into the United States. (a) Findings.--
Congress makes the following findings:
(1) The current financial crises in Asia, the independent
States of the former Soviet Union (as defined in section 3 of
the FREEDOM Support Act), Russia, and other areas of the world,
involve significant depreciation in the currencies of several
key steel-producing and steel-consuming countries, along with a
collapse in the domestic demand for steel in the countries.
(2) The crises have generated and will continue to generate
increases in United States imports of steel, both from the
countries whose currencies have been depreciated and from other
Asian steel-producing countries that are no longer able
[[Page 112 STAT. 2681-592]]
to export steel to the countries that are experiencing an
economic crisis.
(3) United States imports of finished steel mill products
from Asian steel-producing countries, such as the People's
Republic of China, Japan, Korea, India, Taiwan, Indonesia,
Thailand, and Malaysia, increased by 79 percent in the first 5
months of 1998.
(4) Year-to-date imports of steel from Russia now exceed the
record import levels of 1997, and steel imports from Russia and
the Ukraine now approach 2,500,000 net tons.
(5) Foreign government trade restrictions and private
restraints of trade distort international trade and investment
patterns and result in burdens on United States commerce,
including absorption of a disproportionate share of steel
diverted from other countries.
(6) The European Union, for example, despite also being a
major economy, in 1997 imported only one-tenth as much finished
steel products from Asian steel-producing countries as the
United States did and has restricted imports of steel from the
independent states of the former Soviet Union and Russia.
(7) The United States is simultaneously facing a substantial
increase in steel imports from the independent states of the
former Soviet Union and Russia, caused in part by the closure of
Asian markets to steel imports.
(8) There is a well recognized need for improvement in the
enforcement of the United States trade laws to provide an
effective response to situations of such increased imports.
(b) Sense of Congress.--Congress calls upon the President to--
(1) pursue enhanced enforcement of the United States trade
laws with respect to the increase in steel imports into the
United States, using all remedies available under United States
laws including imposition of offsetting duties, quantitative
restrictions, and other appropriate remedial measures;
(2) pursue with all methods at the President's disposal to
achieve a more equitable sharing of the burden of accepting
imports of finished steel products from Asia and the independent
states of the former Soviet Union;
(3) establish a task force within the executive branch that
has responsibility for closely monitoring imports of steel into
the United States; and
(4) report to Congress not later than January 5, 1999, with
a comprehensive plan for responding to the increase in steel
imports, including ways of limiting the deleterious effects on
employment, prices, and investment in the United States steel
industry.
Sec. 112. Inclusion of Spirit Mound, South Dakota, on the Lewis and
Clark Trail. (a) Acquisition.--The Secretary of the Interior is
authorized to acquire on a willing seller basis, at a cost of not to
exceed $600,000, the tract of land known as ``Spirit Mound'', located on
South Dakota Highway 19 near Vermilion, South Dakota.
(b) Inclusion on the Lewis and Clark Trail.--The tract described in
subsection (a) shall be administered as part of the Lewis and Clark
National Historic Trail.
[[Page 112 STAT. 2681-593]]
(c) Cooperative Agreement.--The Secretary of the Interior shall
enter into a cooperative agreement with Lewis and Clark/Spirit Mound
Trust Inc., providing for the restoration, interpretation, and long-term
preservation of, and public access to, Spirit Mound.
Sec. 113. (a) Designation of Dick Cheney Federal Building.--The
Federal Building and Post Office located at 100 East B Street, Casper,
Wyoming, shall be known and designated as the ``Dick Cheney Federal
Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal Building and
Post Office referred to in subsection (a) shall be deemed to be a
reference to the ``Dick Cheney Federal Building''.
Sec. 114. (a) Designation.--The United States Post Office located at
297 Larkfield Road in East Northport, New York, shall be known and
designated as the ``Jerome Anthony Ambro, Jr. Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States Post
Office referred to in subsection (a) shall be deemed to be a reference
to the ``Jerome Anthony Ambro, Jr. Post Office Building''.
Sec. 115. Designation of Lieutenant Henry O. Flipper Station. (a) In
General.--The facility of the United States Postal Service located at
Tall Timbers Village Square, United States Highway 19 South, in
Thomasville, Georgia, shall be known and designated as the ``Lieutenant
Henry O. Flipper Station''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility of the
United States Postal Service referred to in subsection (a) shall be
deemed to be a reference to the ``Lieutenant Henry O. Flipper Station''.
Sec. 116. William R. ``Billy'' Rolle Post Office Building. (a)
Designation.--The United States Postal Service building located at 3191
Grand Avenue in Coconut Grove, Florida, shall be known and designated as
the ``William R. `Billy' Rolle Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``William R.
`Billy' Rolle Post Office Building''.
Sec. 117. Helen Miller Post Office Building. (a) Designation.--The
United States Postal Service building located at 550 Fisherman Street in
Opa Locka, Florida, shall be known and designated as the ``Helen Miller
Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Helen
Miller Post Office Building''.
Sec. 118. Essie Silva Post Office Building. (a) Designation.--The
United States Postal Service building located at 18690 N.W. 37th Avenue
in Carol City, Florida, shall be known and designated as the ``Essie
Silva Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Essie Silva
Post Office Building''.
[[Page 112 STAT. 2681-594]]
Sec. 119. Athalie Range Post Office Building. (a) Designation.--The
United States Postal Service building located at 500 North West 2d
Avenue in Miami, Florida, shall be known and designated as the ``Athalie
Range Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Athalie
Range Post Office Building''.
Sec. 120. Garth Reeves, Sr. Post Office Building. (a) Designation.--
The United States Postal Service building located at 995 North West
119th Street in Miami, Florida, shall be known and designated as the
``Garth Reeves, Sr. Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Garth
Reeves, Sr. Post Office Building''.
Sec. 121. (a) Designation.--The United States Post Office located at
16250 Highway 603 in Kiln, Mississippi, shall be known and designated as
the ``Ray J. Favre Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States Post
Office referred to in subsection (a) shall be deemed to be a reference
to the ``Ray J. Favre Post Office Building''.
Sec. 122. (a) Redesignation.--The building of the United States
Postal Service located at 2419 West Monroe Street, in Chicago, Illinois,
and known as the Midwest Post Office Building, shall be known and
designated as the ``Nancy B. Jefferson Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Nancy B.
Jefferson Post Office Building''.
Sec. 123. (a) Redesignation.--The facility of the United States
Postal Service located at 9719 Candelaria Road NE in Albuquerque, New
Mexico, and known as the Eldorado Station Post Office, shall be known
and designated as the ``Steve Schiff Post Office''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Steve
Schiff Post Office''.
Sec. 124. (a) Designation.--The United States Post Office located at
860 Penniman Avenue in Plymouth, Michigan, shall be known and designated
as the ``Carl D. Pursell Post Office''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States Post
Office referred to in subsection (a) shall be deemed to be a reference
to the ``Carl D. Pursell Post Office''.
Sec. 125. (a) Designation.--The United States Post Office located at
202 Center Street in Garwood, New Jersey, shall be known and designated
as the ``James T. Leonard, Sr. Post Office''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States Post
Office referred to in subsection (a) shall be deemed to be a reference
to the ``James T. Leonard, Sr. Post Office''.
Sec. 126. Edgar C. Campbell, Sr., Post Office Building. (a)
Designation.--The United States Postal Service building located at 658
63rd Street, in Philadelphia, Pennsylvania, shall
[[Page 112 STAT. 2681-595]]
be known and designated as the ``Edgar C. Campbell, Sr., Post Office
Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Edgar C.
Campbell, Sr., Post Office Building''.
Sec. 127. David P. Richardson, Jr., Post Office Building. (a)
Designation.--The United States Postal Service building located at 5209
Greene Street, in Philadelphia, Pennsylvania, shall be known and
designated as the ``David P. Richardson, Jr., Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``David P.
Richardson, Jr., Post Office Building''.
Sec. 128. (a) Redesignation.--The building of the United States
Postal Service located at 324 South Laramie Street, in Chicago,
Illinois, and known as the Austin Post Office Building, shall be known
and designated as the ``Reverend Milton R. Brunson Post Office
Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Reverend
Milton R. Brunson Post Office Building''.
Sec. 129. Designation. (a) In General.--The facility of the United
States Postal Service located at 3750 North Kedzie Avenue in Chicago,
Illinois, shall be known and designated as the ``Daniel J. Doffyn Post
Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States Post
Office building referred to in subsection (a) shall be deemed to be a
reference to the ``Daniel J. Doffyn Post Office Building''.
Sec. 130. (a) Designation.--The United States Post Office located at
215 East Jackson Street in Painesville, Ohio, as the ``Karl Bernal Post
Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States Post
Office referred to in subsection (a) shall be deemed to be a reference
to the ``Karl Bernal Post Office Building''.
Sec. 131. (a) Designation.--The United States Post Office located at
95 West #100 South in Provo, Utah, shall be known and designated as the
``Howard C. Nielson Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States Post
Office referred to in subsection (a) shall be deemed to be a reference
to the ``Howard C. Nielson Post Office Building''.
Sec. 132. (a) Designation.--The United States Postal Service
building located at 11550 Livingston Road, in Fort Washington, Maryland,
shall be known and designated as the ``Jacob Joseph Chestnut Post Office
Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Jacob
Joseph Chestnut Post Office Building''.
[[Page 112 STAT. 2681-596]]
Sec. 133. (a) Designation.--The Federal building located at 309
North Church Street in Dyersburg, Tennessee, shall be known and
designated as the ``Jere Cooper Federal Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal building
referred to in subsection (a) shall be deemed to be a reference to the
``Jere Cooper Federal Building''.
Sec. 134. Notwithstanding any other law, sections 101 (d), (k), (p),
(s) and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C.
Law 12-124, effective June 11, 1998, are enacted into law.
Sec. 135. (a) Any right, title, or interest of the United States in
the property described in subsection (b) is hereby waived.
(b) The property described in this subsection is certain real
property comprised of approximately 106.94 acres of land located in Anne
Arundel County in the State of Maryland, said property being originally
approximately 144.5 acres of land granted to the United States to be
held in title by the ``Commissioners of the District of Columbia on
behalf of the United States of America'', in fee simple, by a Judgment
of Taking in U.S. District Court, Civil Action Number 2391, saving and
excepting therefrom approximately 37.57 acres of land by deed dated June
17, 1947, and recorded at Liber 584, Folio 591.
Sec. 136. Flood Mitigation Near Pierre, South Dakota. (a) In
General.--
(1) Land acquisition.--To provide full operational
capability to carry out the authorized purposes of the Missouri
River Main Stem dams that are part of the Pick-Sloan Missouri
River Basin Program authorized by section 9 of the Act entitled
``An Act authorizing the construction of certain public works on
rivers and harbors for flood control, and other purposes'',
approved December 22, 1944, the Secretary may acquire from
willing sellers such land and property in the vicinity of
Pierre, South Dakota, or floodproof or relocate such property
within the project area, as the Secretary determines is
adversely affected by the full wintertime Oahe Powerplant
releases.
(2) Ownership and use.--Any land that is acquired under this
authority shall be kept in public ownership and will be
dedicated and maintained in perpetuity for a use that is
compatible with any remaining flood threat.
(3) Report.--
(A) In general.--The Secretary shall not obligate
funds to implement this paragraph until the Secretary
has completed a report addressing the criteria for
selecting which properties are to be acquired, relocated
or floodproofed, and a plan for implementing such
measures and has made a determination that the measures
are economically justified.
(B) Deadline.--The report shall be completed not
later than 180 days after funding is made available.
(4) Coordination and cooperation.--The report and
implementation plan--
(A) shall be coordinated with the Federal Emergency
Management Agency; and
(B) shall be prepared in consultation with other
Federal agencies, and State and local officials, and
residents.
[[Page 112 STAT. 2681-597]]
(5) Considerations.--Such report should take into account
information from prior and ongoing studies.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $35,000,000.
Sec. 137. Grand Forks, North Dakota, and East Grand Forks,
Minnesota.--The following project for water resources development and
conservation and other purposes is authorized to be carried out by the
Secretary of the Army, acting through the Chief of Engineers,
substantially in accordance with the plans, and subject to the
conditions recommended in a final report of the Chief of Engineers as
approved by the Secretary, if the report of the Chief is completed not
later than December 31, 1998: The project for flood damage reduction and
recreation, Grand Forks, North Dakota, and East Grand Forks, Minnesota,
at a total cost of $307,750,000, with an estimated Federal cost of
$154,360,000 and an estimated non-Federal cost of $153,390,000.
Sec. 138. Police Corps Act. (a) Training Period.--
(1) In general.--Section 200108 of the Police Corps Act (42
U.S.C. 14097) is amended by striking subsection (b) and
inserting the following:
``(b) Training Sessions.--A participant in a State Police Corps
program shall attend up to 24 weeks, but no less than 16 weeks, of
training at a training center. The Director may approve training
conducted in not more than 3 separate sessions.''.
(2) Conforming amendment.--Section 200108(c) of the Police
Corps Act (42 U.S.C. 14097(c)) is amended by striking ``16 weeks
of''.
(b) Reauthorization.--Section 200112 of the Police Corps Act (42
U.S.C. 14101) is amended by striking ``$20,000'' and all that follows
before the period and inserting ``$50,000,000 for fiscal year 1999,
$70,000,000 for fiscal year 2000, $90,000,000 for fiscal year 2001, and
$90,000,000 for fiscal year 2002''.
Sec. 139. <> Congressional Gold Medals and
Commemorative Coins. (a) Little Rock Nine.--
(1) The Congress hereby finds the following:
(A) Jean Brown Trickey, Carlotta Walls LaNier, Melba
Patillo Beals, Terrence Roberts, Gloria Ray Karlmark,
Thelma Mothershed Wair, Ernest Green, Elizabeth Eckford,
and Jefferson Thomas, hereafter in this section referred
to as the ``Little Rock Nine'', voluntarily subjected
themselves to the bitter stinging pains of racial
bigotry.
(B) The Little Rock Nine are civil rights pioneers
whose selfless acts considerably advanced the civil
rights debate in this country.
(C) The Little Rock Nine risked their lives to
integrate Central High School in Little Rock, Arkansas,
and subsequently the Nation.
(D) The Little Rock Nine sacrificed their innocence
to protect the American principle that we are all ``one
Nation, under God, indivisible''.
(E) The Little Rock Nine have indelibly left their
mark on the history of the Nation.
(F) The Little Rock Nine have continued to work
toward equality for all Americans.
(2)(A) The President is authorized to present, on behalf of
Congress, to Jean Brown Trickey, Carlotta Walls LaNier, Melba
Patillo Beals, Terrence Roberts, Gloria Ray Karlmark,
[[Page 112 STAT. 2681-598]]
Thelma Mothershed Wair, Ernest Green, Elizabeth Eckford, and
Jefferson Thomas, commonly referred to as the ``Little Rock
Nine'', gold medals of appropriate design, in recognition of the
selfless heroism such individuals exhibited and the pain they
suffered in the cause of civil rights by integrating Central
High School in Little Rock, Arkansas.
(B) For purposes of the presentation referred to in
subsection (A) the Secretary of the Treasury shall strike a gold
medal with suitable emblems, devices, and inscriptions to be
determined by the Secretary for each recipient.
(C) <> Effective October 1, 1998,
there be authorized to be appropriated such sums as may be
necessary to carry out this subsection.
(3)(A) The Secretary of the Treasury may strike and sell
duplicates in bronze of the gold medals struck pursuant to
subsection (a)(2)(B) under such regulations as the Secretary may
prescribe, at a price sufficient to cover the cost thereof,
including labor, materials, dies, use of machinery, and overhead
expenses, and the cost of the gold medal.
(B) The appropriation used to carry out this subsection
shall be reimbursed out of the proceeds of sales under
subsection (a)(3)(A).
(4) The medals struck pursuant to this subsection are
national medals for purposes of chapter 51 of title 31, United
States Code.
(b) Gerald R. and Betty Ford.--
(1) The President is authorized to present, on behalf of the
Congress, to Gerald R. and Betty Ford a gold medal of
appropriate design--
(A) in recognition of their dedicated public service
and outstanding humanitarian contributions to the people
of the United States; and
(B) in commemoration of the following occasions in
1998:
(i) The 85th anniversary of the birth of
President Ford.
(ii) The 80th anniversary of the birth of Mrs.
Ford.
(iii) The 50th wedding anniversary of
President and Mrs. Ford.
(iv) The 50th anniversary of the 1st election
of Gerald R. Ford to the United States to the
United States House of Representatives.
(v) The 25th anniversary of the approval of
Gerald R. Ford by the Congress to become Vice
President of the United States.
(2) For purposes of the presentation referred to in
subsection (b)(1), the Secretary of the Treasury shall strike a
gold medal with suitable emblems, devices, and inscriptions to
be determined by the Secretary.
(3) There are authorized to be appropriated not to exceed
$20,000 to carry out this subsection.
(4) The Secretary of the Treasury may strike and sell
duplicates in bronze of the gold medal struck pursuant to
subsection (b)(2) under such regulations as the Secretary may
prescribe, at a price sufficient to cover the cost thereof,
including labor, materials, dies, use of machinery, and overhead
expenses, and the cost of the gold medal.
[[Page 112 STAT. 2681-599]]
(5) The appropriation used to carry out this subsection
shall be reimbursed out of the proceeds of sales under
subsection (b)(4).
(6) The medals struck pursuant to this subsection are
national medals for purposes of chapter 51 of title 31, United
States Code.
(c) <> 6-Month Extension for Certain
Sales.--Notwithstanding section 101(7)(D) of the United States
Commemorative Coin Act of 1996, the Secretary of the Treasury may, at
any time before January 1, 1999, make bulk sales at a reasonable
discount to the Jackie Robinson Foundation of not less than 20 percent
of any denomination of proof and uncirculated coins minted under section
101(7) of such Act which remained unissued as of July 1, 1998, except
that the total number of coins of any such denomination which were
issued under such section or this section may not exceed the amount of
such denomination of coins which were authorized to be minted and issued
under section 101(7)(A) of such Act.
Sec. 140. (a) Land Conveyance, San Joaquin County, California.--
Notwithstanding any other provision of law (including the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 471 et
seq.)), the Attorney General shall convey, by quit claim deed and by
negotiated sale, to the City of Tracy, California (in this section
referred to as the ``City''), the interest of the United States in a
parcel of real property consisting of approximately 200 acres located in
San Joaquin County, California, and currently administered by the
Federal Bureau of Prisons of the Department of Justice. The Attorney
General shall complete the conveyance to the City not later than 120
days after the date of the enactment of this Act.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Attorney General.
The cost of the survey shall be borne by the City.
(c) Purpose of Conveyance.--The purpose of the real property
conveyance under subsection (a) is to permit the City to use
approximately 150 acres of the conveyed property as the location of a
joint secondary and post secondary educational facility and for other
educational purposes and to use approximately 50 acres of the conveyed
property for economic development. In the event that the City determines
that a joint secondary and post secondary educational facility is
unfeasible for the 150-acre portion of the conveyed property, the City
shall use up to 50 acres of that portion for at least 30 years as the
location for a secondary school and for other educational purposes and
use up to 100 acres of that portion as a public park and for other
recreational purposes.
(d) Conditions on Use.--(1) The use of the real property conveyed
under subsection (a) for educational purposes, as provided in subsection
(c), shall be subject to the approval of the Secretary of Education.
(2) The use of the conveyed real property for economic development,
as provided in subsection (c), shall be subject to the approval of the
Attorney General.
(3) If a portion of the conveyed real property is used as a public
park or for other recreational purposes, as provided in subsection (c),
the use of such portion shall be subject to the approval of the
Secretary of the Interior.
[[Page 112 STAT. 2681-600]]
(e) Reversionary Interests.--(1) If the Secretary of Education
determines at any time that the portion of the real property conveyed
under subsection (a) that is to be used for educational purposes is not
being used for such purposes, all right, title, and interest in and to
that portion of the property, including any improvements thereon, shall
revert to the United States.
(2) If the Attorney General determines at any time that the portion
of the real property conveyed under subsection (a) that is to be used
for economic development is not being used for such purposes, all right,
title, and interest in and to that portion of the property, including
any improvements thereon, shall revert to the United States.
(3) If a portion of the real property conveyed under subsection (a)
is used as a public park or for other recreational purposes, as provided
in subsection (c), and the Secretary of the Interior determines that
such portion is no longer being used for such purposes, all right,
title, and interest in and to that portion of the property, including
any improvements thereon, shall revert to the United States.
(f) Additional Terms and Conditions.--The Attorney General may
require such additional terms and conditions in connection with the
conveyance under subsection (a) as the Attorney General considers
appropriate to protect the interests of the United States.
Sec. 141. <> (a)
Short Title. This section may be cited as the ``Lorton Technical
Corrections Act of 1998''.
(b) Transfer of Land to General Services Administration. Section
11201 of the National Capital Revitalization and Self-Government
Improvement Act of 1997 (Public Law 105-33; D.C. Code 24-1201) is
amended--
(1) by redesignating the second subsection (g) and
subsection (h) as subsections (h) and (i);
(2) in subsection (g)(1)--
(A) by inserting ``(A)'' before ``Notwithstanding'';
(B) by striking ``Except as provided in paragraph
(2)'' and all that follows through ``Department of the
Interior.''; and
(C) by adding at the end the following new
subparagraphs:
``(B) <> Contingent on the
General Services Administration (GSA) receiving the necessary
appropriations to carry out the requirements of this paragraph
and subsection (g), and notwithstanding the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), not
later than 60 days after the date of the enactment of the Lorton
Technical Corrections Act of 1998, any property on which the
Lorton Correctional Complex is located shall be transferred to
the GSA.
``(C) Not later than 1 year after the date of the enactment
of the Lorton Technical Corrections Act of 1998, Fairfax County
shall submit a reuse plan that complies with all requisite
approvals to the Administrator of General Services, that aims to
maximize use of the land for open space, park land, or
recreation, while delineating permissible or required uses,
potential development densities, and any time limits on such
development factors of the property on which the Lorton
Correctional Complex is located.
``(D) Not later than 180 days after the date of the
enactment of the Lorton Technical Corrections Act of 1998, the
Secretary
[[Page 112 STAT. 2681-601]]
of the Interior shall notify GSA of any property it requests to
be transferred to the Department of the Interior for the purpose
of a land exchange by the United States Fish and Wildlife
Service within the Commonwealth of Virginia or such other
purposes consistent with the reuse plan developed by Fairfax
County as the Secretary may request. The Administrator of
General Services shall approve the Secretary's request to the
extent that the request is consistent with the reuse plan
developed by Fairfax County and does not result in a significant
reduction in the marketability or value of any remaining
property. The Administrator of General Services shall coordinate
with the Secretary of the Interior to resolve any conflicts
presented by the Department of the Interior's request and shall
transfer the property to the Department of the Interior at no
cost.
``(E) Any property not transferred to the Department of the
Interior under subparagraph (D) shall be disposed of according
to paragraphs (2) and (4).'';
(3) in subsection (g)(2)(A)(ii) by striking ``Department of
Parks and Recreation'' each place it appears and inserting
``Park Authority'';
(4) in subsection (g) by adding at the end the following new
paragraphs:
``(4) Conditions on transfer of lorton property east of ox
road (state route 123).--
``(A) In general.--With respect to property east of
Ox Road (State Route 123) on which the Lorton
Correctional Complex is located, the Administrator of
General Services shall--
``(i) cooperate with the District of Columbia
Corrections Trustee to determine property
necessary for the Trustee to maintain the security
of the Lorton Correctional Complex until its
closure;
``(ii) prepare a report of title, complete a
property description, provide protection and
maintenance, conduct an environmental assessment
of the property to determine the extent of
contamination, complete National Environmental
Policy Act of 1969 (42 U.S.C. 4331 et seq.) and
National Historic Preservation Act (16 U.S.C. 470
et seq.) processes for closure and disposal of the
property, and provide an estimate of the cost for
remediation and contingent on receiving the
necessary appropriations complete the remediation
in compliance with applicable Federal and State
environmental laws;
``(iii) develop a disposition strategy
incorporating the Fairfax County reuse plan and
the Department of the Interior's land transfer
request, and resolve conflicts between the plan
and the transfer request, or between the reuse
plan, the transfer request and the results of the
environmental studies;
``(iv) negotiate with any entity that has a
lease, agreement, memorandum of understanding,
right-of-way, or easement with the District of
Columbia to occupy or utilize any parcels of such
property on the date of the enactment of this
title, to perfect or extend
[[Page 112 STAT. 2681-602]]
such lease, agreement, memorandum of
understanding, right-of-way, or easement;
``(v) transfer any property identified for use
for open space, park land, or recreation in the
Fairfax County reuse plan to the Northern Virginia
Regional Park Authority, the Fairfax County Park
Authority, or another public entity, subject to
the condition that the recipient use the conveyed
property only for open space, park land, or
recreation and that the transfer be at fair market
value considering the highest and best use of the
property to be open space, park land, and
recreation;
``(vi) not later than 60 days after the
property is transferred to the General Services
Administration, transfer at fair market value the
six-acre parcel east of Shirley Highway on
Interstate 95 to Amtrak, subject to such terms and
conditions as the Administrator determines to be
in the best interest of the United States;
``(vii) dispose of any parcels not reserved by
the Department of the Interior and not otherwise
addressed under this subparagraph at fair market
value, subject to such terms and conditions as the
Administrator determines to be in the best
interest of the United States;
``(viii) deposit any proceeds from the sale of
property on which the Lorton Correctional Complex
is located into a special fund established in the
treasury for purposes of covering real property
utilization and disposal related expenses,
including environmental compliance and remediation
for the Lorton Correctional Complex until all
property has been conveyed; and
``(ix) deposit any remaining funds in the
Policy and Operations appropriation account of the
General Services Administration to be used for
real property utilization and disposal activities
until expended.
``(B) Report.--Not later than 90 days after the date
of the receipt of the Fairfax County reuse plan and the
Department of the Interior property transfer request by
the Administrator of General Services, the Administrator
shall report to the Committees on Appropriations and
Government Reform and Oversight of the House of
Representatives, and the Committees on Appropriations
and Governmental Affairs of the Senate on plans to
comply with the terms of this paragraph and any
estimated costs associated with such compliance.
``(C) Authorization.--There is authorized to be
appropriated such sums as are necessary from the general
funds of the Treasury, to remain available until
expended, to the Policy and Operations appropriation
account of the General Services Administration for the
real property utilization and disposal activities in
carrying out the provisions of this title.
``(5) Jurisdiction.--Any property disposed of according to
paragraphs (2) and (4) shall be under the jurisdiction of the
Commonwealth of Virginia. Any development of such property and
any property transferred to the Department of the Interior
[[Page 112 STAT. 2681-603]]
for exchange purposes shall comply with any applicable planning
and zoning requirements of Fairfax County and the Fairfax County
reuse plan.''.
Sec. 142. <> Olympic and Amateur Sports. (a) Short Title.--
This section may be cited as the ``Olympic and Amateur Sports Act
Amendments of 1998''.
(b) Amendment of Title 36, United States Code; Title of Chapter.--
(1) Except as otherwise expressly provided, whenever in this
section an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of title 36, United States Code.
(2) Section 220501 is amended--
(A) by striking ``Definitions'' in the heading and
inserting ``Title and Definitions'';
(B) by inserting after the heading the following:
``(a) <> Title.--This chapter may
be cited as the `Ted Stevens Olympic and Amateur Sports Act'.''; and
(C) by inserting ``(b) Definitions.--'' immediately
before ``For the purposes of''.
(c) Definitions.--Section 220501 is amended by--
(1) inserting ``or paralympic sports organization'' after
``national governing body'' in paragraph (1);
(2) redesignating paragraph (7) as paragraph (8); and
(3) inserting after paragraph (6) the following:
``(7) `paralympic sports organization' means an amateur sports
organization which is recognized by the corporation under section 220521
of this title.''.
(d) Purposes.--Section 220503 is amended by--
(1) striking ``Olympic Games'' each place it appears in
paragraphs (3) and (4) and inserting ``Olympic Games, the
Paralympic Games,''; and
(2) striking paragraph (13) and inserting the following:
``(13) to encourage and provide assistance to amateur
athletic programs and competition for amateur athletes with
disabilities, including, where feasible, the expansion of
opportunities for meaningful participation by such amateur
athletes in programs of athletic competition for able-bodied
amateur athletes; and''.
(e) Membership.--Section 220504(b) is amended by--
(1) striking paragraphs (1) and (2) and inserting the
following:
``(1) amateur sports organizations recognized as national
governing bodies and paralympic sports organizations in
accordance with section 220521 of this title, including through
provisions which establish and maintain a National Governing
Bodies' Council composed of representatives of the national
governing bodies and any paralympic sports organizations and
selected by their boards of directors or such other governing
boards to ensure effective communication between the corporation
and such national governing bodies and paralympic sports
organizations;
``(2) amateur athletes who are actively engaged in amateur
athletic competition or who have represented the United States
in international amateur athletic competition within the
preceding 10 years, including through provisions which--
[[Page 112 STAT. 2681-604]]
``(A) <> establish and
maintain an Athletes' Advisory Council composed of, and
elected by, such amateur athletes to ensure
communication between the corporation and such amateur
athletes; and
``(B) ensure that the membership and voting power
held by such amateur athletes is not less than 20
percent of the membership and voting power held in the
board of directors of the corporation and in the
committees and entities of the corporation;''; and
(2) inserting a comma and ``the Paralympic Games,'' after
``Olympic Games'' in paragraph (3).
(f) Powers.--
(1) General corporate powers.--Section 220505(b)(9) is
amended by striking ``sued; and'' and inserting ``sued, except
that any civil action brought in a State court against the
corporation and solely relating to the corporation's
responsibilities under this Act shall be removed, at the request
of the corporation, to the district court of the United States
in the district in which the action was brought, and such
district court shall have original jurisdiction over the action
without regard to the amount in controversy or citizenship of
the parties involved, and except that neither this paragraph nor
any other provision of this chapter shall create a private right
of action under this chapter; and''.
(2) Powers related to amateur athletics and the olympic
games.--Section 220505(c) is amended by--
(A) striking ``Organization;'' in paragraph (2) and
inserting ``Organization and as its national Paralympic
committee in relations with the International Paralympic
Committee;'';
(B) striking ``Games and of'' in paragraph (3) and
inserting ``Games, the Paralympic Games, and'';
(C) striking ``Games;'' in paragraph (4) and
inserting ``Games, or as paralympic sports organizations
for any sport that is included on the program of the
Paralympic Games;''; and
(D) striking ``Games,'' in paragraph (5) and
inserting ``Games, the Paralympic Games, the Pan-
American Games, world championship competition,''.
(g) Use of Olympic, Paralympic, and Pan-American Symbols.--Section
220506 is amended by--
(1) striking ``rings;'' in subsection (a)(2) and inserting
``rings, the symbol of the International Paralympic Committee,
consisting of 3 TaiGeuks, or the symbol of the Pan-American
Sports Organization, consisting of a torch surrounded by
concentric rings;'';
(2) inserting `` `Paralympic', `Paralympiad', `Pan-
American', `America Espirito Sport Fraternite','' before ``or
any combination'' in subsection (a)(4);
(3) inserting a comma and ``International Paralympic
Committee, the Pan-American Sports Organization,'' after
``International Olympic Committee'' in subsection (b);
(4) inserting ``the Paralympic team,'' before ``the Pan-
American team'' in subsection (b);
(5) inserting a comma and ``Paralympic, or Pan-American
Games'' after ``any Olympic'' in subsection (c)(3);
[[Page 112 STAT. 2681-605]]
(6) inserting a comma and ``the International Paralympic
Committee, the Pan-American Sports Organization,'' after
``International Olympic Committee'' in subsection (c)(4);
(7) inserting ``AND GEOGRAPHIC REFERENCE'' after ``PRE-
EXISTING'' in subsection (d); and
(8) adding at the end of subsection (d) the following:
``(3) Use of the word `Olympic' to identify a business or
goods or services is permitted by this section where--
``(A) such use is not combined with any of the
intellectual properties referenced in subsections (a) or
(c) of this section;
``(B) it is evident from the circumstances that such
use of the word `Olympic' refers to the naturally
occurring mountains or geographical region of the same
name that were named prior to February 6, 1998, and not
to the corporation or any Olympic activity; and
``(C) such business, goods, or services are
operated, sold, and marketed in the State of Washington
west of the Cascade Mountain range and operations,
sales, and marketing outside of this area are not
substantial.''.
(h) Resolution of Disputes.--Section 220509 is amended by--
(1) inserting ``(a) General.--'' before ``The corporation'';
(2) inserting ``the Paralympic Games,'' before ``the Pan-
American Games'';
(3) inserting after ``the corporation.'' the following: ``In
any lawsuit relating to the resolution of a dispute involving
the opportunity of an amateur athlete to participate in the
Olympic Games, the Paralympic Games, or the Pan-American Games,
a court shall not grant injunctive relief against the
corporation within 21 days before the beginning of such games if
the corporation, after consultation with the chair of the
Athletes' Advisory Council, has provided a sworn statement in
writing executed by an officer of the corporation to such court
that its constitution and bylaws cannot provide for the
resolution of such dispute prior to the beginning of such
games.''; and
(4) adding at the end thereof the following:
``(b) Ombudsman.--
``(1) The corporation shall hire and provide salary,
benefits, and administrative expenses for an ombudsman for
athletes, who shall--
``(A) provide independent advice to athletes at no
cost about the applicable provisions of this chapter and
the constitution and bylaws of the corporation, national
governing bodies, a paralympic sports organizations,
international sports federations, the International
Olympic Committee, the International Paralympic
Committee, and the Pan-American Sports Organization, and
with respect to the resolution of any dispute involving
the opportunity of an amateur athlete to participate in
the Olympic Games, the Paralympic Games, the Pan-
American Games, world championship competition or other
protected competition as defined in the constitution and
bylaws of the corporation;
``(B) assist in mediating any such disputes; and
``(C) report to the Athletes' Advisory Council on a
regular basis.
``(2)(A) The procedure for hiring the ombudsman for athletes
shall be as follows:
[[Page 112 STAT. 2681-606]]
``(i) The Athletes' Advisory Council shall provide
the corporation's executive director with the name of
one qualified person to serve as ombudsman for athletes.
``(ii) The corporation's executive director shall
immediately transmit the name of such person to the
corporation's executive committee.
``(iii) The corporation's executive committee shall
hire or not hire such person after fully considering the
advice and counsel of the Athletes' Advisory Council.
``If there is a vacancy in the position of the ombudsman for
athletes, the nomination and hiring procedure set forth in this
paragraph shall be followed in a timely manner.
``(B) The corporation may terminate the employment of an
individual serving as ombudsman for athletes only if--
``(i) the termination is carried out in accordance
with the applicable policies and procedures of the
corporation;
``(ii) the termination is initially recommended to
the corporation's executive committee by either the
corporation's executive director or by the Athletes'
Advisory Council; and
``(iii) the corporation's executive committee fully
considers the advice and counsel of the Athletes'
Advisory Council prior to deciding whether or not to
terminate the employment of such individual.''.
(i) Agent for Service of Process.--The text of section 220510 is
amended to read as follows: ``As a condition to the exercise of any
power or privilege granted by this chapter, the corporation shall have a
designated agent in the State of Colorado to receive service of process
for the corporation. Notice to or service on the agent, or mailed to the
business address of the agent, is notice to or service on the
corporation.''.
(j) Report.--
(1) Section 220511(a) is amended to read as follows:
``(a) Submission to President and Congress.--The corporation shall,
on or before the first day of June, 2001, and every fourth year
thereafter, transmit simultaneously to the President and to each House
of Congress a detailed report of its operations for the preceding 4
years, including--
``(1) a complete statement of its receipts and expenditures;
``(2) a comprehensive description of the activities and
accomplishments of the corporation during such 4-year period;
``(3) data concerning the participation of women, disabled
individuals, and racial and ethnic minorities in the amateur
athletic activities and administration of the corporation and
national governing bodies; and
``(4) a description of the steps taken to encourage the
participation of women, disabled individuals, and racial
minorities in amateur athletic activities.''.
(2) The chapter analysis for chapter 2205 is amended by
striking the item relating to section 220511 and inserting the
following:
``220511. Report.''.
(k) Complete Teams.--
(1) General.--Subchapter I of chapter 2205 is amended by
adding at the end thereof the following:
[[Page 112 STAT. 2681-607]]
``Sec. 220512. Complete teams
``In obtaining representation for the United States in each
competition and event of the Olympic Games, Paralympic Games, and Pan-
American Games, the corporation, either directly or by delegation to the
appropriate national governing body or paralympic sports organization,
may select, but is not obligated to select (even if not selecting will
result in an incomplete team for an event), athletes who have not met
the eligibility standard of the national governing body and the
Corporation, when the number of athletes who have met the eligibility
standards of such entities is insufficient to fill the roster for an
event.''.
(2) The chapter analysis for chapter 2205 is amended by
inserting after the item relating to section 220511 the
following:
``220512. Complete teams.''.
(l) Recognition of Amateur Sports Organizations.--Section 220521 is
amended by--
(1) striking the first sentence of subsection (a) and
inserting the following: ``For any sport which is included on
the program of the Olympic Games, the Paralympic Games, or the
Pan-American Games, the corporation is authorized to recognize
as a national governing body (in the case of a sport on the
program of the Olympic Games or Pan-American Games) or as a
paralympic sports organization (in the case of a sport on the
program of the Paralympic Games for which a national governing
body has not been designated under section 220522(b)) an amateur
sports organization which files an application and is eligible
for such recognition in accordance with the provisions of
subsections (a) or (b) of section 220522.'';
(2) striking ``approved.'' in subsection (a) and inserting
``approved, except as provided in section 220522(b) with respect
to a paralympic sports organization.'';
(3) striking ``hold a public hearing'' in subsection (b) and
inserting ``hold at least 2 public hearings'';
(4) striking ``hearing.'' each place it appears in
subsection (b) and inserting ``hearings.''; and
(5) adding at the end of subsection (b) the following: ``The
corporation shall send written notice, which shall include a
copy of the application, at least 30 days prior to the date of
any such public hearing to all amateur sports organizations
known to the corporation in that sport.''.
(m) Eligibility Requirements.--Section 220522 is amended by--
(1) inserting ``(a) General.--'' before ``An amateur'';
(2) striking paragraph (4) and inserting the following:
``(4) agrees to submit to binding arbitration in any
controversy involving--
``(A) its recognition as a national governing body,
as provided for in section 220529 of this title, upon
demand of the corporation; and
``(B) the opportunity of any amateur athlete, coach,
trainer, manager, administrator or official to
participate in amateur athletic competition, upon demand
of the corporation or any aggrieved amateur athlete,
coach, trainer, manager, administrator or official,
conducted in accordance with the Commercial Rules of the
American Arbitration Association, as modified and
provided for in the
[[Page 112 STAT. 2681-608]]
corporation's constitution and bylaws, except that if
the Athletes' Advisory Council and National Governing
Bodies' Council do not concur on any modifications to
such Rules, and if the corporation's executive committee
is not able to facilitate such concurrence, the
Commercial Rules of Arbitration shall apply unless at
least two-thirds of the corporation's board of directors
approves modifications to such Rules;'';
(3) striking paragraph (10) and inserting the following:
``(10) demonstrates, based on guidelines approved by the
corporation, the Athletes' Advisory Council, and the National
Governing Bodies' Council, that its board of directors and other
such governing boards have established criteria and election
procedures for and maintain among their voting members
individuals who are actively engaged in amateur athletic
competition in the sport for which recognition is sought or who
have represented the United States in international amateur
athletic competition within the preceding 10 years, that any
exceptions to such guidelines by such organization have been
approved by the corporation, and that the voting power held by
such individuals is not less than 20 percent of the voting power
held in its board of directors and other such governing
boards;'';
(4) inserting ``or to participation in the Olympic Games,
the Paralympic Games, or the Pan-American Games'' after
``amateur status'' in paragraph (14); and
(5) adding at the end thereof the following:
``(b) Recognition of Paralympic Sports Organizations.--For any sport
which is included on the program of the Paralympic Games, the
corporation is authorized to designate, where feasible and when such
designation would serve the best interest of the sport, and with the
approval of the affected national governing body, a national governing
body recognized under subsection (a) to govern such sport. Where such
designation is not feasible or would not serve the best interest of the
sport, the corporation is authorized to recognize another amateur sports
organization as a paralympic sports organization to govern such sport,
except that, notwithstanding the other requirements of this chapter, any
such paralympic sports organization--
``(1) shall comply only with those requirements, perform
those duties, and have those powers that the corporation, in its
sole discretion, determines are appropriate to meet the objects
and purposes of this chapter; and
``(2) may, with the approval of the corporation, govern more
than one sport included on the program of the Paralympic
Games.''.
(n) Authority of National Governing Bodies.--Section 220523 is
amended by--
(1) striking ``Games and'' in paragraph (6) and inserting
``Games, the Paralympic Games, and''; and
(2) striking ``Games and'' in paragraph (7) and inserting
``Games, the Paralympic Games, and''.
(o) Duties of National Governing Bodies.--Section 220524 is amended
by--
(1) redesignating paragraphs (4) through (8) as paragraphs
(5) through (9); and
(2) inserting after paragraph (3) the following:
[[Page 112 STAT. 2681-609]]
``(4) disseminate and distribute to amateur athletes,
coaches, trainers, managers, administrators, and officials in a
timely manner the applicable rules and any changes to such rules
of the national governing body, the corporation, the appropriate
international sports federation, the International Olympic
Committee, the International Paralympic Committee, and the Pan-
American Sports Organization;''.
(p) Replacement of National Governing Body.--Section 220528 is
amended by--
(1) striking ``Olympic Games or both'' in subsection
(c)(1)(A) and inserting ``Olympic Games or the Paralympic Games,
or in both'';
(2) striking ``registered'' in subsection (c)(2) and
inserting ``certified'';
(3) striking ``body.'' in subsection (c)(2) and inserting
``body and with any other organization that has filed an
application.'';
(4) inserting ``open to the public'' in subsection (d) after
``formal hearing'' in the first sentence;
(5) inserting after the second sentence in subsection (d)
the following: ``The corporation also shall send written notice,
including a copy of the application, at least 30 days prior to
the date of the hearing to all amateur sports organizations
known to the corporation in that sport.''; and
(6) striking ``title.'' in subsection (f)(4) and inserting
``title and notify such national governing body of such
probation and of the actions needed to comply with such
requirements.''.
(q) <> Special Report to Congress.--Five
years from the date of the enactment of this Act, the United States
Olympic Committee shall submit a special report to the Congress on the
effectiveness of the provisions of chapter 2205 of title 36, United
States Code, as amended by this Act, together with any additional
proposed changes to that chapter the United States Olympic Committee
determines are appropriate.
Sec. 143. Section 8106(a) of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter under
section 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 113
note), is amended by striking ``$3,000,000'' and inserting
``$1,000,000''.
Sec. 144. Section 8120 of the Department of Defense Appropriations
Act, 1999, <> is amended by striking out ``owned,
or partially owned by'' and inserting in lieu thereof ``if the Secretary
of Defense determines that'', and is further amended by inserting before
the period ``owns more than a fifty per centum interest in the
company''.
Sec. 145. Modification of Land Conveyance Authority, Armed Forces
Retirement Home. (a) Postponement of Sale.--Subsection (a) of section
1053 of the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201), as amended by section 1043 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999, <> is further amended--
(1) by inserting ``(1)'' before ``Notwithstanding''; and
(2) by adding at the end the following:
``(2) The sale under paragraph (1) may not occur before April 30,
1999.''.
(b) Deposit of Proceeds of Sale.--Subsection (b) of such section
1053, as so amended, is further amended by adding at the end the
following:
[[Page 112 STAT. 2681-610]]
``(3) The payment received under paragraph (2) shall be deposited in
the Armed Forces Retirement Home Trust Fund in accordance with section
1519(a)(2) of the National Defense Authorization Act for Fiscal Year
1991 (104 Stat. 1730; 24 U.S.C. 419(a)(2)).''.
Sec. 146. Certification of Exports of Missile Equipment or
Technology to China. (a) Certification.--Section 1512 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 <> is amended--
(1) by striking ``The'' and inserting ``(a) Certification.--
The''; and
(2) by adding at the end the following:
``(b) Exception.--The certification requirement contained in
subsection (a) shall not apply to the export of inertial reference units
and components in manned civilian aircraft or supplied as spare or
replacement parts for such aircraft.''.
(b) <> Effective Date.--The amendments made
by this section shall take effect on the later of--
(1) the enactment of this Act; or
(2) the enactment of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999.
Sec. 147. The Secretary of the Navy, in consultation with the
Commandant of the Marine Corps, shall assess the requirement for Marine
Corps warfighting and attrition reserve F/A-18 aircraft and monitor the
viability of the existing F/A-18 production line to meet these
requirements: Provided, That, pursuant to section 8005 of the Department
of Defense Appropriations Act, 1999, the Secretary of the Navy may
transfer funds sufficient to ensure that the F/A-18 production
capability remains available to meet Marine Corps F/A-18 warfighting and
attrition reserve aircraft requirements through additional aircraft
production.
Sec. 148. Section 8135 of the Department of Defense Appropriations
Act, 1992 (Public Law 102-172; 105 Stat. 1212; 37 U.S.C. 301b note), is
amended--
(1) in subsection (a), by inserting before the period at the
end the following: ``or as a supplemental payment if the
officer's final military pay account is already settled''; and
(2) in subsection (b)--
(A) by inserting ``applies'' after ``subsection
(a)'';
(B) by striking ``January 17, 1991'' and inserting
``August 2, 1990'';
(C) by inserting ``(regardless of the date of the
commencement of combatant activities in such zone as
specified in that Executive Order)'' after ``as a combat
zone''; and
(D) by striking ``section 302b'' and inserting
``section 301b''.
Sec. 149. (a) <> Chapter 12 of title 11 of the United States
Code, as in effect on September 30, 1998, is hereby reenacted for the
period beginning on October 1, 1998, and ending on April 1, 1999.
(b) All cases commenced or pending under chapter 12 of title 11,
United States Code, as reenacted under subsection (a), and all matters
and proceedings in or relating to such cases, shall be conducted and
determined under such chapter as if such chapter were continued in
effect after April 1, 1999. The substantive rights of parties in
connection with such cases, matters, and proceedings shall continue to
be governed under the laws applicable to such
[[Page 112 STAT. 2681-611]]
cases, matters, and proceedings as if such chapter were continued in
effect after April 1, 1999.
(c) This section shall take effect on October 1, 1998.
Sec. 150. (a) Extension of Agreement for State of Mississippi.--The
Secretary of the Interior shall offer to reinstate the Memorandum of
Agreement between the Mississippi Department of Wildlife Conservation
and the United States Fish and Wildlife Service concerning the framework
closing dates for the 1979-1980 through 1981-1982 duck hunting seasons,
executed in November 1979, for the 1998-1999 duck hunting season in the
State of Mississippi, except that--
(1) the duck hunting season shall end on January 31, 1999;
and
(2) the total number of days for the duck hunting season in
the State of Mississippi shall not exceed 51 days.
(b) Extension of Agreement to Other States.--At the request of any
other State represented on the Lower-Region Regulations Committee of the
Mississippi Flyway Council, the Secretary of the Interior shall extend
the agreement described in subsection (a) to that State for the 1998-
1999 duck hunting season if the State agrees to reduce the total number
of days of the duck hunting season in the State to the extent necessary
to result in no net increase in the duck harvest in the State for that
season.
SEC. 151. <> FEDERAL VACANCIES AND APPOINTMENTS.
(a) Short Title.--This section may be cited as the ``Federal
Vacancies Reform Act of 1998''.
(b) In General.--Chapter 33 of title 5, United States Code, is
amended by striking sections 3345 through 3349 and inserting the
following:
``Sec. 3345. Acting officer
``(a) If an officer of an Executive agency (including the Executive
Office of the President, and other than the General Accounting Office)
whose appointment to office is required to be made by the President, by
and with the advice and consent of the Senate, dies, resigns, or is
otherwise unable to perform the functions and duties of the office--
``(1) the first assistant to the office of such officer
shall perform the functions and duties of the office temporarily
in an acting capacity subject to the time limitations of section
3346;
``(2) notwithstanding paragraph (1), the President (and only
the President) may direct a person who serves in an office for
which appointment is required to be made by the President, by
and with the advice and consent of the Senate, to perform the
functions and duties of the vacant office temporarily in an
acting capacity subject to the time limitations of section 3346;
or
``(3) notwithstanding paragraph (1), the President (and only
the President) may direct an officer or employee of such
Executive agency to perform the functions and duties of the
vacant office temporarily in an acting capacity, subject to the
time limitations of section 3346, if--
``(A) during the 365-day period preceding the date
of death, resignation, or beginning of inability to
serve of
[[Page 112 STAT. 2681-612]]
the applicable officer, the officer or employee served
in a position in such agency for not less than 90 days;
and
``(B) the rate of pay for the position described
under subparagraph (A) is equal to or greater than the
minimum rate of pay payable for a position at GS-15 of
the General Schedule.
``(b)(1) Notwithstanding subsection (a)(1), a person may not serve
as an acting officer for an office under this section, if--
``(A) during the 365-day period preceding the date of the
death, resignation, or beginning of inability to serve, such
person--
``(i) did not serve in the position of first
assistant to the office of such officer; or
``(ii) served in the position of first assistant to
the office of such officer for less than 90 days; and
``(B) the President submits a nomination of such person to
the Senate for appointment to such office.
``(2) Paragraph (1) shall not apply to any person if--
``(A) such person is serving as the first assistant to the
office of an officer described under subsection (a);
``(B) the office of such first assistant is an office for
which appointment is required to be made by the President, by
and with the advice and consent of the Senate; and
``(C) the Senate has approved the appointment of such person
to such office.
``(c)(1) Notwithstanding subsection (a)(1), the President (and only
the President) may direct an officer who is nominated by the President
for reappointment for an additional term to the same office in an
Executive department without a break in service, to continue to serve in
that office subject to the time limitations in section 3346, until such
time as the Senate has acted to confirm or reject the nomination,
notwithstanding adjournment sine die.
``(2) For purposes of this section and sections 3346, 3347, 3348,
3349, 3349a, and 3349d, the expiration of a term of office is an
inability to perform the functions and duties of such office.
``Sec. 3346. Time limitation
``(a) Except in the case of a vacancy caused by sickness, the person
serving as an acting officer as described under section 3345 may serve
in the office--
``(1) for no longer than 210 days beginning on the date the
vacancy occurs; or
``(2) subject to subsection (b), once a first or second
nomination for the office is submitted to the Senate, from the
date of such nomination for the period that the nomination is
pending in the Senate.
``(b)(1) If the first nomination for the office is rejected by the
Senate, withdrawn, or returned to the President by the Senate, the
person may continue to serve as the acting officer for no more than 210
days after the date of such rejection, withdrawal, or return.
``(2) Notwithstanding paragraph (1), if a second nomination for the
office is submitted to the Senate after the rejection, withdrawal, or
return of the first nomination, the person serving as the acting officer
may continue to serve--
``(A) until the second nomination is confirmed; or
[[Page 112 STAT. 2681-613]]
``(B) for no more than 210 days after the second nomination
is rejected, withdrawn, or returned.
``(c) If a vacancy occurs during an adjournment of the Congress sine
die, the 210-day period under subsection (a) shall begin on the date
that the Senate first reconvenes.
``Sec. 3347. Exclusivity
``(a) Sections 3345 and 3346 are the exclusive means for temporarily
authorizing an acting official to perform the functions and duties of
any office of an Executive agency (including the Executive Office of the
President, and other than the General Accounting Office) for which
appointment is required to be made by the President, by and with the
advice and consent of the Senate, unless--
``(1) a statutory provision expressly--
``(A) authorizes the President, a court, or the head
of an Executive department, to designate an officer or
employee to perform the functions and duties of a
specified office temporarily in an acting capacity; or
``(B) designates an officer or employee to perform
the functions and duties of a specified office
temporarily in an acting capacity; or
``(2) the President makes an appointment to fill a vacancy
in such office during the recess of the Senate pursuant to
clause 3 of section 2 of article II of the United States
Constitution.
``(b) Any statutory provision providing general authority to the
head of an Executive agency (including the Executive Office of the
President, and other than the General Accounting Office) to delegate
duties statutorily vested in that agency head to, or to reassign duties
among, officers or employees of such Executive agency, is not a
statutory provision to which subsection (a)(2) applies.
``Sec. 3348. Vacant office
``(a) In this section--
``(1) the term `action' includes any agency action as
defined under section 551(13); and
``(2) the term `function or duty' means any function or duty
of the applicable office that--
``(A)(i) is established by statute; and
``(ii) is required by statute to be performed by the
applicable officer (and only that officer); or
``(B)(i)(I) is established by regulation; and
``(II) is required by such regulation to be
performed by the applicable officer (and only that
officer); and
``(ii) includes a function or duty to which clause
(i) (I) and (II) applies, and the applicable regulation
is in effect at any time during the 180-day period
preceding the date on which the vacancy occurs.
``(b) Unless an officer or employee is performing the functions and
duties in accordance with sections 3345, 3346, and 3347, if an officer
of an Executive agency (including the Executive Office of the President,
and other than the General Accounting Office) whose appointment to
office is required to be made by the President, by and with the advice
and consent of the Senate, dies, resigns, or is otherwise unable to
perform the functions and duties of the office--
[[Page 112 STAT. 2681-614]]
``(1) the office shall remain vacant; and
``(2) in the case of an office other than the office of the
head of an Executive agency (including the Executive Office of
the President, and other than the General Accounting Office),
only the head of such Executive agency may perform any function
or duty of such office.
``(c) If the last day of any 210-day period under section 3346 is a
day on which the Senate is not in session, the second day the Senate is
next in session and receiving nominations shall be deemed to be the last
day of such period.
``(d)(1) An action taken by any person who is not acting under
section 3345, 3346, or 3347, or as provided by subsection (b), in the
performance of any function or duty of a vacant office to which this
section and sections 3346, 3347, 3349, 3349a, 3349b, and 3349c apply
shall have no force or effect.
``(2) An action that has no force or effect under paragraph (1) may
not be ratified.
``(e) This section shall not apply to--
``(1) the General Counsel of the National Labor Relations
Board;
``(2) the General Counsel of the Federal Labor Relations
Authority;
``(3) any Inspector General appointed by the President, by
and with the advice and consent of the Senate;
``(4) any Chief Financial Officer appointed by the
President, by and with the advice and consent of the Senate; or
``(5) an office of an Executive agency (including the
Executive Office of the President, and other than the General
Accounting Office) if a statutory provision expressly prohibits
the head of the Executive agency from performing the functions
and duties of such office.
``Sec. 3349. Reporting of vacancies
``(a) The head of each Executive agency (including the Executive
Office of the President, and other than the General Accounting Office)
shall submit to the Comptroller General of the United States and to each
House of Congress--
``(1) notification of a vacancy in an office to which this
section and sections 3345, 3346, 3347, 3348, 3349a, 3349b,
3349c, and 3349d apply and the date such vacancy occurred
immediately upon the occurrence of the vacancy;
``(2) the name of any person serving in an acting capacity
and the date such service began immediately upon the
designation;
``(3) the name of any person nominated to the Senate to fill
the vacancy and the date such nomination is submitted
immediately upon the submission of the nomination; and
``(4) the date of a rejection, withdrawal, or return of any
nomination immediately upon such rejection, withdrawal, or
return.
``(b) If the Comptroller General of the United States makes a
determination that an officer is serving longer than the 210-day period
including the applicable exceptions to such period under section 3346 or
section 3349a, the Comptroller General shall report such determination
immediately to--
``(1) the Committee on Governmental Affairs of the Senate;
[[Page 112 STAT. 2681-615]]
``(2) the Committee on Government Reform and Oversight of
the House of Representatives;
``(3) the Committees on Appropriations of the Senate and
House of Representatives;
``(4) the appropriate committees of jurisdiction of the
Senate and House of Representatives;
``(5) the President; and
``(6) the Office of Personnel Management.
``Sec. 3349a. Presidential inaugural transitions
``(a) In this section, the term `transitional inauguration day'
means the date on which any person swears or affirms the oath of office
as President, if such person is not the President on the date preceding
the date of swearing or affirming such oath of office.
``(b) With respect to any vacancy that exists during the 60-day
period beginning on a transitional inauguration day, the 210-day period
under section 3346 or 3348 shall be deemed to begin on the later of the
date occurring--
``(1) 90 days after such transitional inauguration day; or
``(2) 90 days after the date on which the vacancy occurs.
``Sec. 3349b. Holdover provisions
``Sections 3345 through 3349a shall not be construed to affect any
statute that authorizes a person to continue to serve in any office--
``(1) after the expiration of the term for which such person
is appointed; and
``(2) until a successor is appointed or a specified period
of time has expired.
``Sec. 3349c. Exclusion of certain officers
``Sections 3345 through 3349b shall not apply to--
``(1) any member who is appointed by the President, by and
with the advice and consent of the Senate to any board,
commission, or similar entity that--
``(A) is composed of multiple members; and
``(B) governs an independent establishment or
Government corporation;
``(2) any commissioner of the Federal Energy Regulatory
Commission;
``(3) any member of the Surface Transportation Board; or
``(4) any judge appointed by the President, by and with the
advice and consent of the Senate, to a court constituted under
article I of the United States Constitution.
``Sec. 3349d. Notification of intent to nominate during certain recesses
or adjournments
``(a) The submission to the Senate, during a recess or adjournment
of the Senate in excess of 15 days, of a written notification by the
President of the President's intention to submit a nomination after the
recess or adjournment shall be considered a nomination for purposes of
sections 3345 through 3349c if such notification contains the name of
the proposed nominee and the office for which the person is nominated.
``(b) If the President does not submit a nomination of the person
named under subsection (a) within 2 days after the end
[[Page 112 STAT. 2681-616]]
of such recess or adjournment, effective after such second day the
notification considered a nomination under subsection (a) shall be
treated as a withdrawn nomination for purposes of sections 3345 through
3349c.''.
(c) Technical and Conforming Amendment.--
(1) Table of sections.--The table of sections for chapter 33
of title 5, United States Code, is amended by striking the
matter relating to subchapter III and inserting the following:
``3341. Details; within Executive or military departments.
``[3342. Repealed.]
``3343. Details; to international organizations.
``3344. Details; administrative law judges.
``3345. Acting officer.
``3346. Time limitation.
``3347. Exclusivity.
``3348. Vacant office.
``3349. Reporting of vacancies.
``3349a. Presidential inaugural transitions.
``3349b. Holdover provisions relating to certain independent
establishments.
``3349c. Exclusion of certain officers.
``3349d. Notification of intent to nominate during certain recesses or
adjournments.''.
(2) Subchapter heading.--The subchapter heading for
subchapter III of chapter 33 of title 5, United States Code, is
amended to read as follows:
``SUBCHAPTER III--DETAILS, VACANCIES, AND APPOINTMENTS''
(d) Effective <> Date and Application.--
(1) Effective date.--Subject to paragraph (2), this section
and the amendments made by this section shall take effect 30
days after the date of enactment of this section.
(2) Application.--
(A) In general.--This section shall apply to any
office that becomes vacant after the effective date of
this section.
(B) Immediate application of time limitation.--
Notwithstanding subparagraph (A), for any office vacant
on the effective date of this section, the time
limitations under section 3346 of title 5, United States
Code (as amended by this section) shall apply to such
office. Such time limitations shall apply as though such
office first became vacant on the effective date of this
section.
(C) Certain nominations.--If the President submits
to the Senate the nomination of any person after the
effective date of this section for an office for which
such person had been nominated before such date, the
next nomination of such person after such date shall be
considered a first nomination of such person to that
office for purposes of sections 3345 through 3349 and
section 3349d of title 5, United States Code (as amended
by this section).
TITLE <> II--FISHERIES
Subtitle I--Fishery Endorsements
SEC. 201. <> SHORT TITLE.
This title may be cited as the ``American Fisheries Act''.
[[Page 112 STAT. 2681-617]]
SEC. 202. STANDARD FOR FISHERY ENDORSEMENTS.
(a) Standard.--Section 12102(c) of title 46, United States Code, is
amended to read as follows--
``(c)(1) A vessel owned by a corporation, partnership, association,
trust, joint venture, limited liability company, limited liability
partnership, or any other entity is not eligible for a fishery
endorsement under section 12108 of this title unless at least 75 per
centum of the interest in such entity, at each tier of ownership of such
entity and in the aggregate, is owned and controlled by citizens of the
United States.
``(2) <> The Secretary shall apply section
2(c) of the Shipping Act, 1916 (46 App. U.S.C. 802(c)) in determining
under this subsection whether at least 75 per centum of the interest in
a corporation, partnership, association, trust, joint venture, limited
liability company, limited liability partnership, or any other entity is
owned and controlled by citizens of the United States. For the purposes
of this subsection and of applying the restrictions on controlling
interest in section 2(c) of such Act, the terms `control' or
`controlled'--
``(A) shall include--
``(i) the right to direct the business of the entity
which owns the vessel;
``(ii) the right to limit the actions of or replace
the chief executive officer, a majority of the board of
directors, any general partner, or any person serving in
a management capacity of the entity which owns the
vessel; or
``(iii) the right to direct the transfer, operation
or manning of a vessel with a fishery endorsement; and
``(B) shall not include the right to simply participate in
the activities under subparagraph (A), or the use by a mortgagee
under paragraph (4) of loan covenants approved by the Secretary.
``(3) A fishery endorsement for a vessel that is chartered or leased
to an individual who is not a citizen of the United States or to an
entity that is not eligible to own a vessel with a fishery endorsement
and used as a fishing vessel shall be invalid immediately upon such use.
``(4)(A) An individual or entity that is otherwise eligible to own a
vessel with a fishery endorsement shall be ineligible by reason of an
instrument or evidence of indebtedness, secured by a mortgage of the
vessel to a trustee eligible to own a vessel with a fishery endorsement
that is issued, assigned, transferred or held in trust for a person not
eligible to own a vessel with a fishery endorsement, unless the
Secretary determines that the issuance, assignment, transfer, or trust
arrangement does not result in an impermissible transfer of control of
the vessel and that the trustee--
``(i) is organized as a corporation, and is doing business,
under the laws of the United States or of a State;
``(ii) is authorized under those laws to exercise corporate
trust powers;
``(iii) is subject to supervision or examination by an
official of the United States Government or a State;
``(iv) has a combined capital and surplus (as stated in its
most recent published report of condition) of at least
$3,000,000; and
[[Page 112 STAT. 2681-618]]
``(v) meets any other requirements prescribed by the
Secretary.
``(B) A vessel with a fishery endorsement may be operated by a
trustee only with the approval of the Secretary.
``(C) A right under a mortgage of a vessel with a fishery
endorsement may be issued, assigned, or transferred to a person not
eligible to be a mortgagee of that vessel under section 31322(a)(4) of
this title only with the approval of the Secretary.
``(D) The issuance, assignment, or transfer of an instrument or
evidence of indebtedness contrary to this paragraph is voidable by the
Secretary.
``(5) The requirements of this subsection shall not apply to a
vessel when it is engaged in fisheries in the exclusive economic zone
under the authority of the Western Pacific Fishery Management Council
established under section 302(a)(1)(H) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(a)(1)(H)) or to a purse
seine vessel when it is engaged in tuna fishing in the Pacific Ocean
outside the exclusive economic zone of the United States or pursuant to
the South Pacific Regional Fisheries Treaty, provided that the owner of
the vessel continues to comply with the eligibility requirements for a
fishery endorsement under the federal law that was in effect on October
1, 1998. A fishery endorsement issued by the Secretary pursuant to this
paragraph shall be valid for engaging only in fisheries in the exclusive
economic zone under the authority of such Council, in such tuna fishing
in the Pacific Ocean, or pursuant to such Treaty.
``(6) A vessel greater than 165 feet in registered length, of more
than 750 gross registered tons, or that has an engine or engines capable
of producing a total of more than 3,000 shaft horsepower is not eligible
for a fishery endorsement under section 12108 of this title unless--
``(A)(i) a certificate of documentation was issued for the
vessel and endorsed with a fishery endorsement that was
effective on September 25, 1997;
``(ii) the vessel is not placed under foreign registry after
the date of the enactment of the American Fisheries Act; and
``(iii) in the event of the invalidation of the fishery
endorsement after the date of the enactment of the American
Fisheries Act, application is made for a new fishery endorsement
within fifteen (15) business days of such invalidation; or
``(B) the owner of such vessel demonstrates to the Secretary
that the regional fishery management council of jurisdiction
established under section 302(a)(1) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1))
has recommended after the date of the enactment of the American
Fisheries Act, and the Secretary of Commerce has approved,
conservation and management measures in accordance with such Act
to allow such vessel to be used in fisheries under such
council's authority.''.
(b) Preferred Mortgage.--Section 31322(a) of title 46, United States
Code is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3)(B)
and inserting in lieu thereof a semicolon and ``and''; and
(3) by inserting at the end the following new paragraph:
[[Page 112 STAT. 2681-619]]
``(4) with respect to a vessel with a fishery endorsement
that is 100 feet or greater in registered length, has as the
mortgagee--
``(A) a person eligible to own a vessel with a
fishery endorsement under section 12102(c) of this
title;
``(B) a state or federally chartered financial
institution that satisfies the controlling interest
criteria of section 2(b) of the Shipping Act, 1916 (46
U.S.C. 802(b)); or
``(C) a person that complies with the provisions of
section 12102(c)(4) of this title.''.
SEC. 203. ENFORCEMENT OF STANDARD.
(a) Effective Date.--The amendments made by section 202 shall take
effect on October 1, 2001.
(b) <> 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.
[[Page 112 STAT. 2681-620]]
(d) <> Vessels Measuring Less Than 100
Feet.--The Secretary of Transportation shall establish such requirements
as are reasonable and necessary to demonstrate compliance with section
12102(c) of title 46, United States Code, as amended by this Act, with
respect to vessels measuring less than 100 feet in registered length,
and shall seek to minimize the administrative burden on individuals who
own and operate such vessels.
(e) <> Endorsements Revoked.--The
Secretary of Transportation shall revoke the fishery endorsement of any
vessel subject to section 12102(c) of title 46, United States Code, as
amended by this Act, whose owner does not comply with such section.
(f) Penalty.--Section 12122 of title 46, United States Code, is
amended by inserting at the end the following new subsection:
``(c) In addition to penalties under subsections (a) and (b), the
owner of a documented vessel for which a fishery endorsement has been
issued is liable to the United States Government for a civil penalty of
up to $100,000 for each day in which such vessel has engaged in fishing
(as such term is defined in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802)) within the exclusive
economic zone of the United States, if the owner or the representative
or agent of the owner knowingly falsified or concealed a material fact,
or knowingly made a false statement or representation with respect to
the eligibility of the vessel under section 12102(c) of this title in
applying for or applying to renew such fishery endorsement.''.
(g) Certain Vessels.--The vessels EXCELLENCE (United States official
number 967502), GOLDEN ALASKA (United States official number 651041),
OCEAN PHOENIX (United States official number 296779), NORTHERN TRAVELER
(United States official number 635986), and NORTHERN VOYAGER (United
States official number 637398) (or a replacement vessel for the NORTHERN
VOYAGER that complies with paragraphs (2), (5), and (6) of section
208(g) of this Act) shall be exempt from section 12102(c), as amended by
this Act, until such time after October 1, 2001 as more than 50 percent
of the interest owned and controlled in the vessel changes, provided
that the vessel maintains eligibility for a fishery endorsement under
the federal law that was in effect the day before the date of the
enactment of this Act, and unless, in the case of the NORTHERN TRAVELER
or the NORTHERN VOYAGER (or such replacement), the vessel is used in any
fishery under the authority of a regional fishery management council
other than the New England Fishery Management Council or Mid-Atlantic
Fishery Management Council established, respectively, under
subparagraphs (A) and (B) of section 302(a)(1) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1) (A) and
(B)), or in the case of the EXCELLENCE, GOLDEN ALASKA, or OCEAN PHOENIX,
the vessel is used to harvest any fish.
SEC. 204. REPEAL OF OWNERSHIP SAVINGS CLAUSE.
(a) Repeal.--Section 7(b) of the Commercial Fishing Industry Vessel
Anti-Reflagging Act of 1987 (Public Law 100-239; 46 U.S.C. 12102 note)
is hereby repealed.
(b) <> Effective Date.--Subsection (a)
shall take effect on October 1, 2001.
[[Page 112 STAT. 2681-621]]
Subtitle II--Bering <> Sea Pollock Fishery
SEC. 205. DEFINITIONS.
As used in this subtitle--
(1) the term ``Bering Sea and Aleutian Islands Management
Area'' has the same meaning as the meaning given for such term
in part 679.2 of title 50, Code of Federal Regulations, as in
effect on October 1, 1998;
(2) the term ``catcher/processor'' means a vessel that is
used for harvesting fish and processing that fish;
(3) the term ``catcher vessel'' means a vessel that is used
for harvesting fish and that does not process pollock onboard;
(4) the term ``directed pollock fishery'' means the fishery
for the directed fishing allowances allocated under paragraphs
(1), (2), and (3) of section 206(b);
(5) the term ``harvest'' means to commercially engage in the
catching, taking, or harvesting of fish or any activity that can
reasonably be expected to result in the catching, taking, or
harvesting of fish;
(6) the term ``inshore component'' means the following
categories that process groundfish harvested in the Bering Sea
and Aleutian Islands Management Area:
(A) shoreside processors, including those eligible
under section 208(f); and
(B) vessels less than 125 feet in length overall
that process less than 126 metric tons per week in
round-weight equivalents of an aggregate amount of
pollock and Pacific cod;
(7) the term ``Magnuson-Stevens Act'' means the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.);
(8) the term ``mothership'' means a vessel that receives and
processes fish from other vessels in the exclusive economic zone
of the United States and is not used for, or equipped to be used
for, harvesting fish;
(9) the term ``North Pacific Council'' means the North
Pacific Fishery Management Council established under section
302(a)(1)(G) of the Magnuson-Stevens Act (16 U.S.C.
1852(a)(1)(G));
(10) the term ``offshore component'' means all vessels not
included in the definition of ``inshore component'' that process
groundfish harvested in the Bering Sea and Aleutian Islands
Management Area;
(11) the term ``Secretary'' means the Secretary of Commerce;
and
(12) the term ``shoreside processor'' means any person or
vessel that receives unprocessed fish, except catcher/
processors, motherships, buying stations, restaurants, or
persons receiving fish for personal consumption or bait.
SEC. 206. ALLOCATIONS.
(a) <> Pollock Community Development Quota.--
Effective January 1, 1999, 10 percent of the total allowable catch of
pollock in the Bering Sea and Aleutian Islands Management Area shall be
allocated as a directed fishing allowance to the western Alaska
community development quota program established under section 305(i) of
the Magnuson-Stevens Act (16 U.S.C. 1855(i)).
[[Page 112 STAT. 2681-622]]
(b) <> Inshore/Offshore.--Effective January
1, 1999, the remainder of the pollock total allowable catch in the
Bering Sea and Aleutian Islands Management Area, after the subtraction
of the allocation under subsection (a) and the subtraction of allowances
for the incidental catch of pollock by vessels harvesting other
groundfish species (including under the western Alaska community
development quota program) shall be allocated as directed fishing
allowances as follows--
(1) 50 percent to catcher vessels harvesting pollock for
processing by the inshore component;
(2) 40 percent to catcher/processors and catcher vessels
harvesting pollock for processing by catcher/processors in the
offshore component; and
(3) 10 percent to catcher vessels harvesting pollock for
processing by motherships in the offshore component.
SEC. 207. BUYOUT.
(a) Federal Loan.--Under the authority of sections 1111 and 1112 of
title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and
1279g) and notwithstanding the requirements of section 312 of the
Magnuson-Stevens Act (16 U.S.C. 1861a), the Secretary shall, subject to
the availability of appropriations for the cost of the direct loan,
provide up to $75,000,000 through a direct loan obligation for the
payments required under subsection (d).
(b) Inshore Fee System.--Notwithstanding the requirements of section
304(d) or 312 of the Magnuson-Stevens Act (16 U.S.C. 1854(d) and 1861a),
the Secretary shall establish a fee for the repayment of such loan
obligation which--
(1) shall be six-tenths (0.6) of one cent for each pound
round-weight of all pollock harvested from the directed fishing
allowance under section 206(b)(1); and
(2) shall begin with such pollock harvested on or after
January 1, 2000, and continue without interruption until such
loan obligation is fully repaid; and
(3) shall be collected in accordance with section
312(d)(2)(C) of the Magnuson-Stevens Act (16 U.S.C.
1861a(d)(2)(C)) and in accordance with such other conditions as
the Secretary establishes.
(c) Federal Appropriation.--Under the authority of section
312(c)(1)(B) of the Magnuson-Stevens Act (16 U.S.C. 1861a(c)(1)(B)),
there are authorized to be appropriated $20,000,000 for the payments
required under subsection (d).
(d) Payments.--Subject to the availability of appropriations for the
cost of the direct loan under subsection (a) and funds under subsection
(c), the Secretary shall pay by not later than December 31, 1998--
(1) up to $90,000,000 to the owner or owners of the catcher/
processors listed in paragraphs (1) through (9) of section 209,
in such manner as the owner or owners, with the concurrence of
the Secretary, agree, except that--
(A) the portion of such payment with respect to the
catcher/processor listed in paragraph (1) of section 209
shall be made only after the owner submits a written
certification acceptable to the Secretary that neither
the owner nor a purchaser from the owner intends to use
such catcher/processor outside of the exclusive economic
[[Page 112 STAT. 2681-623]]
zone of the United States to harvest any stock of fish
(as such term is defined in section 3 of the Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1802)) that occurs within the exclusive economic
zone of the United States; and
(B) the portion of such payment with respect to the
catcher/processors listed in paragraphs (2) through (9)
of section 209 shall be made only after the owner or
owners of such catcher/processors submit a written
certification acceptable to the Secretary that such
catcher/processors will be scrapped by December 31, 2000
and will not, before that date, be used to harvest or
process any fish; and
(2)(A) if a contract has been filed under section 210(a) by
the catcher/processors listed in section 208(e), $5,000,000 to
the owner or owners of the catcher/processors listed in
paragraphs (10) through (14) of such section in such manner as
the owner or owners, with the concurrence of the Secretary,
agree; or
(B) if such a contract has not been filed by such date,
$5,000,000 to the owners of the catcher vessels eligible under
section 208(b) and the catcher/processors eligible under
paragraphs (1) through (20) of section 208(e), divided based on
the amount of the harvest of pollock in the directed pollock
fishery by each such vessel in 1997 in such manner as the
Secretary deems appropriate,
except that any such payments shall be reduced by any obligation to the
federal government that has not been satisfied by such owner or owners
of any such vessels.
(e) Penalty.--If the catcher/processor under paragraph (1) of
section 209 is used outside of the exclusive economic zone of the United
States to harvest any stock of fish that occurs within the exclusive
economic zone of the United States while the owner who received the
payment under subsection (d)(1)(A) has an ownership interest in such
vessel, or if the catcher/processors listed in paragraphs (2) through
(9) of section 209 are determined by the Secretary not to have been
scrapped by December 31, 2000 or to have been used in a manner
inconsistent with subsection (d)(1)(B), the Secretary may suspend any or
all of the federal permits which allow any vessels owned in whole or in
part by the owner or owners who received payments under subsection
(d)(1) to harvest or process fish within the exclusive economic zone of
the United States until such time as the obligations of such owner or
owners under subsection (d)(1) have been fulfilled to the satisfaction
of the Secretary.
(f) Program Defined; Maturity.--For the purposes of section 1111 of
the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f), the fishing
capacity reduction program in this subtitle shall be within the meaning
of the term ``program'' as defined and used in such section.
Notwithstanding section 1111(b)(4) of such Act (46 U.S.C. App.
1279f(b)(4)), the debt obligation under subsection (a) of this section
may have a maturity not to exceed 30 years.
(g) <> Fishery Capacity Reduction Regulations.--
The Secretary of Commerce shall by not later than October 15, 1998
publish proposed regulations to implement subsections (b), (c), (d), and
(e) of section 312 of the Magnuson-Stevens Act (16 U.S.C. 1861a) and
sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46
U.S.C. App. 1279f and 1279g).
[[Page 112 STAT. 2681-624]]
SEC. 208. ELIGIBLE VESSELS AND PROCESSORS.
(a) <> Catcher Vessels Onshore.--Effective
January 1, 2000, only catcher vessels which are--
(1) determined by the Secretary--
(A) to have delivered at least 250 metric tons of
pollock; or
(B) to be less than 60 feet in length overall and to
have delivered at least 40 metric tons of pollock,
for processing by the inshore component in the directed pollock fishery
in any one of the years 1996 or 1997, or between January 1, 1998 and
September 1, 1998;
(2) eligible to harvest pollock in the directed pollock
fishery under the license limitation program recommended by the
North Pacific Council and approved by the Secretary; and
(3) not listed in subsection (b),
shall be eligible to harvest the directed fishing allowance under
section 206(b)(1) pursuant to a federal fishing permit.
(b) Catcher Vessels to Catcher/Processors.--Effective January 1,
1999, only the following catcher vessels shall be eligible to harvest
the directed fishing allowance under section 206(b)(2) pursuant to a
federal fishing permit:
(1) AMERICAN CHALLENGER (United States official number
615085);
(2) FORUM STAR (United States official number 925863);
(3) MUIR MILACH (United States official number 611524);
(4) NEAHKAHNIE (United States official number 599534);
(5) OCEAN HARVESTER (United States official number 549892);
(6) SEA STORM (United States official number 628959);
(7) TRACY ANNE (United States official number 904859); and
(8) any catcher vessel--
(A) determined by the Secretary to have delivered at
least 250 metric tons and at least 75 percent of the
pollock it harvested in the directed pollock fishery in
1997 to catcher/processors for processing by the
offshore component; and
(B) eligible to harvest pollock in the directed
pollock fishery under the license limitation program
recommended by the North Pacific Council and approved by
the Secretary.
(c) Catcher Vessels to Motherships.--Effective January 1, 2000, only
the following catcher vessels shall be eligible to harvest the directed
fishing allowance under section 206(b)(3) pursuant to a federal fishing
permit:
(1) ALEUTIAN CHALLENGER (United States official number
603820);
(2) ALYESKA (United States official number 560237);
(3) AMBER DAWN (United States official number 529425);
(4) AMERICAN BEAUTY (United States official number 613847);
(5) CALIFORNIA HORIZON (United States official number
590758);
(6) MAR-GUN (United States official number 525608);
(7) MARGARET LYN (United States official number 615563);
(8) MARK I (United States official number 509552);
(9) MISTY DAWN (United States official number 926647);
[[Page 112 STAT. 2681-625]]
(10) NORDIC FURY (United States official number 542651);
(11) OCEAN LEADER (United States official number 561518);
(12) OCEANIC (United States official number 602279);
(13) PACIFIC ALLIANCE (United States official number
612084);
(14) PACIFIC CHALLENGER (United States official number
518937);
(15) PACIFIC FURY (United States official number 561934);
(16) PAPADO II (United States official number 536161);
(17) TRAVELER (United States official number 929356);
(18) VESTERAALEN (United States official number 611642);
(19) WESTERN DAWN (United States official number 524423);
and
(20) any vessel--
(A) determined by the Secretary to have delivered at
least 250 metric tons of pollock for processing by
motherships in the offshore component of the directed
pollock fishery in any one of the years 1996 or 1997, or
between January 1, 1998 and September 1, 1998;
(B) eligible to harvest pollock in the directed
pollock fishery under the license limitation program
recommended by the North Pacific Council and approved by
the Secretary; and
(C) not listed in subsection (b).
(d) <> Motherships.--Effective January 1,
2000, only the following motherships shall be eligible to process the
directed fishing allowance under section 206(b)(3) pursuant to a federal
fishing permit:
(1) EXCELLENCE (United States official number 967502);
(2) GOLDEN ALASKA (United States official number 651041);
and
(3) OCEAN PHOENIX (United States official number 296779).
(e) Catcher/Processors.--Effective January 1, 1999, only the
following catcher/processors shall be eligible to harvest the directed
fishing allowance under section 206(b)(2) pursuant to a federal fishing
permit:
(1) AMERICAN DYNASTY (United States official number 951307);
(2) KATIE ANN (United States official number 518441);
(3) AMERICAN TRIUMPH (United States official number 646737);
(4) NORTHERN EAGLE (United States official number 506694);
(5) NORTHERN HAWK (United States official number 643771);
(6) NORTHERN JAEGER (United States official number 521069);
(7) OCEAN ROVER (United States official number 552100);
(8) ALASKA OCEAN (United States official number 637856);
(9) ENDURANCE (United States official number 592206);
[[Page 112 STAT. 2681-626]]
(10) AMERICAN ENTERPRISE (United States official number
594803);
(11) ISLAND ENTERPRISE (United States official number
610290);
(12) KODIAK ENTERPRISE (United States official number
579450);
(13) SEATTLE ENTERPRISE (United States official number
904767);
(14) US ENTERPRISE (United States official number 921112);
(15) ARCTIC STORM (United States official number 903511);
(16) ARCTIC FJORD (United States official number 940866);
(17) NORTHERN GLACIER (United States official number
663457);
(18) PACIFIC GLACIER (United States official number 933627);
(19) HIGHLAND LIGHT (United States official number 577044);
(20) STARBOUND (United States official number 944658); and
(21) any catcher/processor not listed in this subsection and
determined by the Secretary to have harvested more than 2,000
metric tons of the pollock in the 1997 directed pollock fishery
and determined to be eligible to harvest pollock in the directed
pollock fishery under the license limitation program recommended
by the North Pacific Council and approved by the Secretary,
except that catcher/processors eligible under this paragraph
shall be prohibited from harvesting in the aggregate a total of
more than one-half (0.5) of a percent of the pollock apportioned
for the directed pollock fishery under section 206(b)(2).
Notwithstanding section 213(a), failure to satisfy the requirements of
section 4(a) of the Commercial Fishing Industry Vessel Anti-Reflagging
Act of 1987 (Public Law 100-239; 46 U.S.C. 12108 note) shall not make a
catcher/processor listed under this subsection ineligible for a fishery
endorsement.
(f) <> Shoreside Processors.--(1) Effective
January 1, 2000 and except as provided in paragraph (2), the catcher
vessels eligible under subsection (a) may deliver pollock harvested from
the directed fishing allowance under section 206(b)(1) only to--
(A) shoreside processors (including vessels in a single
geographic location in Alaska State waters) determined by the
Secretary to have processed more than 2,000 metric tons round-
weight of pollock in the inshore component of the directed
pollock fishery during each of 1996 and 1997; and
(B) shoreside processors determined by the Secretary to have
processed pollock in the inshore component of the directed
pollock fishery in 1996 or 1997, but to have processed less than
2,000 metric tons round-weight of such pollock in each year,
except that effective January 1, 2000, each such shoreside
processor may not process more than 2,000 metric tons round-
weight from such directed fishing allowance in any year.
(2) Upon recommendation by the North Pacific Council, the Secretary
may approve measures to allow catcher vessels eligible under subsection
(a) to deliver pollock harvested from the directed
[[Page 112 STAT. 2681-627]]
fishing allowance under section 206(b)(1) to shoreside processors not
eligible under paragraph (1) if the total allowable catch for pollock in
the Bering Sea and Aleutian Islands Management Area increases by more
than 10 percent above the total allowable catch in such fishery in 1997,
or in the event of the actual total loss or constructive total loss of a
shoreside processor eligible under paragraph (1)(A).
(g) Replacement Vessels.--In the event of the actual total loss or
constructive total loss of a vessel eligible under subsections (a), (b),
(c), (d), or (e), the owner of such vessel may replace such vessel with
a vessel which shall be eligible in the same manner under that
subsection as the eligible vessel, provided that--
(1) such loss was caused by an act of God, an act of war, a
collision, an act or omission of a party other than the owner or
agent of the vessel, or any other event not caused by the
willful misconduct of the owner or agent;
(2) the replacement vessel was built in the United States
and if ever rebuilt, was rebuilt in the United States;
(3) the fishery endorsement for the replacement vessel is
issued within 36 months of the end of the last year in which the
eligible vessel harvested or processed pollock in the directed
pollock fishery;
(4) if the eligible vessel is greater than 165 feet in
registered length, of more than 750 gross registered tons, or
has engines capable of producing more than 3,000 shaft
horsepower, the replacement vessel is of the same or lesser
registered length, gross registered tons, and shaft horsepower;
(5) if the eligible vessel is less than 165 feet in
registered length, of fewer than 750 gross registered tons, and
has engines incapable of producing less than 3,000 shaft
horsepower, the replacement vessel is less than each of such
thresholds and does not exceed by more than 10 percent the
registered length, gross registered tons or shaft horsepower of
the eligible vessel; and
(6) the replacement vessel otherwise qualifies under federal
law for a fishery endorsement, including under section 12102(c)
of title 46, United States Code, as amended by this Act.
(h) Eligibility During Implementation.--In the event the Secretary
is unable to make a final determination about the eligibility of a
vessel under subsection (b)(8) or subsection (e)(21) before January 1,
1999, or a vessel or shoreside processor under subsection (a),
subsection (c)(21), or subsection (f) before January 1, 2000, such
vessel or shoreside processor, upon the filing of an application for
eligibility, shall be eligible to participate in the directed pollock
fishery pending final determination by the Secretary with respect to
such vessel or shoreside processor.
(i) Eligibility Not a Right.--Eligibility under this section shall
not be construed--
(1) to confer any right of compensation, monetary or
otherwise, to the owner of any catcher vessel, catcher/
processor, mothership, or shoreside processor if such
eligibility is revoked or limited in any way, including through
the revocation or limitation of a fishery endorsement or any
federal permit or license;
(2) to create any right, title, or interest in or to any
fish in any fishery; or
[[Page 112 STAT. 2681-628]]
(3) to waive any provision of law otherwise applicable to
such catcher vessel, catcher/processor, mothership, or shoreside
processor.
SEC. 209. <> LIST OF INELIGIBLE VESSELS.
Effective December 31, 1998, the following vessels shall be
permanently ineligible for fishery endorsements, and any claims
(including relating to catch history) associated with such vessels that
could qualify any owners of such vessels for any present or future
limited access system permit in any fishery within the exclusive
economic zone of the United States (including a vessel moratorium permit
or license limitation program permit in fisheries under the authority of
the North Pacific Council) are hereby extinguished:
(1) AMERICAN EMPRESS (United States official number 942347);
(2) PACIFIC SCOUT (United States official number 934772);
(3) PACIFIC EXPLORER (United States official number 942592);
(4) PACIFIC NAVIGATOR (United States official number
592204);
(5) VICTORIA ANN (United States official number 592207);
(6) ELIZABETH ANN (United States official number 534721);
(7) CHRISTINA ANN (United States official number 653045);
(8) REBECCA ANN (United States official number 592205); and
(9) BROWNS POINT (United States official number 587440).
SEC. 210. FISHERY COOPERATIVE LIMITATIONS.
(a) Public Notice.--(1) Any contract implementing a fishery
cooperative under section 1 of the Act of June 25, 1934 (15 U.S.C. 521)
in the directed pollock fishery and any material modifications to any
such contract shall be filed not less than 30 days prior to the start of
fishing under the contract with the North Pacific Council and with the
Secretary, together with a copy of a letter from a party to the contract
requesting a business review letter on the fishery cooperative from the
Department of Justice and any response to such request. Notwithstanding
section 402 of the Magnuson-Stevens Act (16 U.S.C. 1881a) or any other
provision of law, but taking into account the interest of parties to any
such contract in protecting the confidentiality of proprietary
information, the North Pacific Council and Secretary shall--
(A) make available to the public such information about the
contract, contract modifications, or fishery cooperative the
North Pacific Council and Secretary deem appropriate, which at a
minimum shall include a list of the parties to the contract, a
list of the vessels involved, and the amount of pollock and
other fish to be harvested by each party to such contract; and
(B) make available to the public in such manner as the North
Pacific Council and Secretary deem appropriate information about
the harvest by vessels under a fishery cooperative of all
species (including bycatch) in the directed pollock fishery on a
vessel-by-vessel basis.
[[Page 112 STAT. 2681-629]]
(b) Catcher Vessels Onshore.--
(1) <> Catcher vessel cooperatives.--
Effective January 1, 2000, upon the filing of a contract
implementing a fishery cooperative under subsection (a) which--
(A) is signed by the owners of 80 percent or more of
the qualified catcher vessels that delivered pollock for
processing by a shoreside processor in the directed
pollock fishery in the year prior to the year in which
the fishery cooperative will be in effect; and
(B) specifies, except as provided in paragraph (6),
that such catcher vessels will deliver pollock in the
directed pollock fishery only to such shoreside
processor during the year in which the fishery
cooperative will be in effect and that such shoreside
processor has agreed to process such pollock,
the Secretary shall allow only such catcher vessels (and catcher vessels
whose owners voluntarily participate pursuant to paragraph (2)) to
harvest the aggregate percentage of the directed fishing allowance under
section 206(b)(1) in the year in which the fishery cooperative will be
in effect that is equivalent to the aggregate total amount of pollock
harvested by such catcher vessels (and by such catcher vessels whose
owners voluntarily participate pursuant to paragraph (2)) in the
directed pollock fishery for processing by the inshore component during
1995, 1996, and 1997 relative to the aggregate total amount of pollock
harvested in the directed pollock fishery for processing by the inshore
component during such years and shall prevent such catcher vessels (and
catcher vessels whose owners voluntarily participate pursuant to
paragraph (2)) from harvesting in aggregate in excess of such percentage
of such directed fishing allowance.
(2) Voluntary participation.--Any contract implementing a
fishery cooperative under paragraph (1) must allow the owners of
other qualified catcher vessels to enter into such contract
after it is filed and before the calender year in which fishing
will begin under the same terms and conditions as the owners of
the qualified catcher vessels who entered into such contract
upon filing.
(3) Qualified catcher vessel.--For the purposes of this
subsection, a catcher vessel shall be considered a ``qualified
catcher vessel'' if, during the year prior to the year in which
the fishery cooperative will be in effect, it delivered more
pollock to the shoreside processor to which it will deliver
pollock under the fishery cooperative in paragraph (1) than to
any other shoreside processor.
(4) Consideration of certain vessels.--Any contract
implementing a fishery cooperative under paragraph (1) which has
been entered into by the owner of a qualified catcher vessel
eligible under section 208(a) that harvested pollock for
processing by catcher/processors or motherships in the directed
pollock fishery during 1995, 1996, and 1997 shall, to the extent
practicable, provide fair and equitable terms and conditions for
the owner of such qualified catcher vessel.
(5) Open access.--A catcher vessel eligible under section
208(a) the catch history of which has not been attributed to a
fishery cooperative under paragraph (1) may be used to deliver
pollock harvested by such vessel from the directed fishing
allowance under section 206(b)(1) (other than pollock
[[Page 112 STAT. 2681-630]]
reserved under paragraph (1) for a fishery cooperative) to any
of the shoreside processors eligible under section 208(f). A
catcher vessel eligible under section 208(a) the catch history
of which has been attributed to a fishery cooperative under
paragraph (1) during any calendar year may not harvest any
pollock apportioned under section 206(b)(1) in such calendar
year other than the pollock reserved under paragraph (1) for
such fishery cooperative.
(6) Transfer of cooperative harvest.--A contract
implementing a fishery cooperative under paragraph (1) may,
notwithstanding the other provisions of this subsection, provide
for up to 10 percent of the pollock harvested under such
cooperative to be processed by a shoreside processor eligible
under section 208(f) other than the shoreside processor to which
pollock will be delivered under paragraph (1).
(c) <> 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
[[Page 112 STAT. 2681-631]]
share of the pollock available to be harvested in the directed
pollock fishery. In the event the North Pacific Council
recommends and the Secretary approves an excessive processing
share that is lower than 17.5 percent, any individual or entity
that previously processed a percentage greater than such share
shall be allowed to continue to process such percentage, except
that their percentage may not exceed 17.5 percent (excluding
pollock processed by catcher/processors that was harvested in
the directed pollock fishery by catcher vessels eligible under
208(b)) and shall be reduced if their percentage decreases,
until their percentage is below such share. In recommending the
excessive processing share, the North Pacific Council shall
consider the need of catcher vessels in the directed pollock
fishery to have competitive buyers for the pollock harvested by
such vessels.
(3) Review by maritime administration.--At the request of
the North Pacific Council or the Secretary, any individual or
entity believed by such Council or the Secretary to have
exceeded the percentage in either paragraph (1) or (2) shall
submit such information to the Administrator of the Maritime
Administration as the Administrator deems appropriate to allow
the Administrator to determine whether such individual or entity
has exceeded either such percentage. The Administrator shall
make a finding as soon as practicable upon such request and
shall submit such finding to the North Pacific Council and the
Secretary. For the purposes of this subsection, any entity in
which 10 percent or more of the interest is owned or controlled
by another individual or entity shall be considered to be the
same entity as the other individual or entity.
(f) Landing Tax Jurisdiction.--Any contract filed under subsection
(a) shall include a contract clause under which the parties to the
contract agree to make payments to the State of Alaska for any pollock
harvested in the directed pollock fishery which is not landed in the
State of Alaska, in amounts which would otherwise accrue had the pollock
been landed in the State of Alaska subject to any landing taxes
established under Alaska law. Failure to include such a contract clause
or for such amounts to be paid shall result in a revocation of the
authority to form fishery cooperatives under section 1 of the Act of
June 25, 1934 (15 U.S.C. 521 et seq.).
(g) Penalties.--The violation of any of the requirements of this
section or section 211 shall be considered the commission of an act
prohibited by section 307 of the Magnuson-Stevens Act (16 U.S.C. 1857).
In addition to the civil penalties and permit sanctions applicable to
prohibited acts under section 308 of such Act (16 U.S.C. 1858), any
person who is found by the Secretary, after notice and an opportunity
for a hearing in accordance with section 554 of title 5, United States
Code, to have violated a requirement of this section shall be subject to
the forfeiture to the Secretary of Commerce of any fish harvested or
processed during the commission of such act.
SEC. 211. PROTECTIONS FOR OTHER FISHERIES; CONSERVATION MEASURES.
(a) General.--The North Pacific Council shall recommend for approval
by the Secretary such conservation and management
[[Page 112 STAT. 2681-632]]
measures as it determines necessary to protect other fisheries under its
jurisdiction and the participants in those fisheries, including
processors, from adverse impacts caused by this Act or fishery
cooperatives in the directed pollock fishery.
(b) Catcher/Processor Restrictions.--
(1) General.--The <> restrictions in
this subsection shall take effect on January 1, 1999 and shall
remain in effect thereafter except that they may be superceded
(with the exception of paragraph (4)) by conservation and
management measures recommended after the date of the enactment
of this Act by the North Pacific Council and approved by the
Secretary in accordance with the Magnuson-Stevens Act.
(2) Bering sea fishing.--The catcher/processors eligible
under paragraphs (1) through (20) of section 208(e) are hereby
prohibited from, in the aggregate--
(A) exceeding the percentage of the harvest
available in the offshore component of any Bering Sea
and Aleutian Islands groundfish fishery (other than the
pollock fishery) that is equivalent to the total harvest
by such catcher/processors and the catcher/processors
listed in section 209 in the fishery in 1995, 1996, and
1997 relative to the total amount available to be
harvested by the offshore component in the fishery in
1995, 1996, and 1997;
(B) exceeding the percentage of the prohibited
species available in the offshore component of any
Bering Sea and Aleutian Islands groundfish fishery
(other than the pollock fishery) that is equivalent to
the total of the prohibited species harvested by such
catcher/processors and the catcher/processors listed in
section 209 in the fishery in 1995, 1996, and 1997
relative to the total amount of prohibited species
available to be harvested by the offshore component in
the fishery in 1995, 1996, and 1997; and
(C) fishing for Atka mackerel in the eastern area of
the Bering Sea and Aleutian Islands and from exceeding
the following percentages of the directed harvest
available in the Bering Sea and Aleutian Islands Atka
mackerel fishery--
(i) 11.5 percent in the central area; and
(ii) 20 percent in the western area.
(3) Bering sea processing.--The catcher/processors eligible
under paragraphs (1) through (20) of section 208(e) are hereby
prohibited from--
(A) processing any of the directed fishing
allowances under paragraphs (1) or (3) of section
206(b); and
(B) processing any species of crab harvested in the
Bering Sea and Aleutian Islands Management Area.
(4) Gulf of alaska.--The catcher/processors eligible under
paragraphs (1) through (20) of section 208(e) are hereby
prohibited from--
(A) harvesting any fish in the Gulf of Alaska;
(B) processing any groundfish harvested from the
portion of the exclusive economic zone off Alaska known
as area 630 under the fishery management plan for Gulf
of Alaska groundfish; or
(C) processing any pollock in the Gulf of Alaska
(other than as bycatch in non-pollock groundfish
fisheries) or processing, in the aggregate, a total of
more than 10 percent
[[Page 112 STAT. 2681-633]]
of the cod harvested from areas 610, 620, and 640 of the
Gulf of Alaska under the fishery management plan for
Gulf of Alaska groundfish.
(5) Fisheries other than north pacific.--The catcher/
processors eligible under paragraphs (1) through (20) of section
208(e) and motherships eligible under section 208(d) are hereby
prohibited from harvesting fish in any fishery under the
authority of any regional fishery management council established
under section 302(a) of the Magnuson-Stevens Act (16 U.S.C.
1852(a)) other than the North Pacific Council, except for the
Pacific whiting fishery, and from processing fish in any fishery
under the authority of any such regional fishery management
council other than the North Pacific Council, except in the
Pacific whiting fishery, unless the catcher/processor or
mothership is authorized to harvest or process fish under a
fishery management plan recommended by the regional fishery
management council of jurisdiction and approved by the
Secretary.
(6) Observers and scales.--The catcher/processors eligible
under paragraphs (1) through (20) of section 208(e) shall--
(A) have two observers onboard at all times while
groundfish is being harvested, processed, or received
from another vessel in any fishery under the authority
of the North Pacific Council; and
(B) weigh its catch on a scale onboard approved by
the National Marine Fisheries Service while harvesting
groundfish in fisheries under the authority of the North
Pacific Council.
This <> paragraph shall take effect on
January 1, 1999 for catcher/processors eligible under paragraphs
(1) through (20) of section 208(e) that will harvest pollock
allocated under section 206(a) in 1999, and shall take effect on
January 1, 2000 for all other catcher/processors eligible under
such paragraphs of section 208(e).
(c) Catcher Vessel and Shoreside Processor Restrictions.--
(1) Required council recommendations.--By not later than
July 1, 1999, the North Pacific Council shall recommend for
approval by the Secretary conservation and management measures
to--
(A) prevent the catcher vessels eligible under
subsections (a), (b), and (c) of section 208 from
exceeding in the aggregate the traditional harvest
levels of such vessels in other fisheries under the
authority of the North Pacific Council as a result of
fishery cooperatives in the directed pollock fishery;
and
(B) protect processors not eligible to participate
in the directed pollock fishery from adverse effects as
a result of this Act or fishery cooperatives in the
directed pollock fishery.
If the North Pacific Council does not recommend such
conservation and management measures by such date, or if the
Secretary determines that such conservation and management
measures recommended by the North Pacific Council are not
adequate to fulfill the purposes of this paragraph, the
Secretary may by regulation restrict or change the authority in
section
[[Page 112 STAT. 2681-634]]
210(b) to the extent the Secretary deems appropriate, including
by preventing fishery cooperatives from being formed pursuant to
such section and by providing greater flexibility with respect
to the shoreside processor or shoreside processors to which
catcher vessels in a fishery cooperative under section 210(b)
may deliver pollock.
(2) Bering sea crab and groundfish.--
(A) <> Effective January 1,
2000, the owners of the motherships eligible under
section 208(d) and the shoreside processors eligible
under section 208(f) that receive pollock from the
directed pollock fishery under a fishery cooperative are
hereby prohibited from processing, in the aggregate for
each calendar year, more than the percentage of the
total catch of each species of crab in directed
fisheries under the jurisdiction of the North Pacific
Council than facilities operated by such owners
processed of each such species in the aggregate, on
average, in 1995, 1996, 1997. For the purposes of this
subparagraph, the term ``facilities'' means any
processing plant, catcher/processor, mothership,
floating processor, or any other operation that
processes fish. Any entity in which 10 percent or more
of the interest is owned or controlled by another
individual or entity shall be considered to be the same
entity as the other individual or entity for the
purposes of this subparagraph.
(B) Under the authority of section 301(a)(4) of the
Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the North
Pacific Council is directed to recommend for approval by
the Secretary conservation and management measures to
prevent any particular individual or entity from
harvesting or processing an excessive share of crab or
of groundfish in fisheries in the Bering Sea and
Aleutian Islands Management Area.
(C) The catcher vessels eligible under section
208(b) are hereby prohibited from participating in a
directed fishery for any species of crab in the Bering
Sea and Aleutian Islands Management Area unless the
catcher vessel harvested crab in the directed fishery
for that species of crab in such Area during 1997 and is
eligible to harvest such crab in such directed fishery
under the license limitation program recommended by the
North Pacific Council and approved by the Secretary. The
North Pacific Council is directed to recommend measures
for approval by the Secretary to eliminate latent
licenses under such program, and nothing in this
subparagraph shall preclude the Council from
recommending measures more restrictive than under this
paragraph.
(3) Fisheries other than north pacific.--
(A) By not later than July 1, 2000, the Pacific
Fishery Management Council established under section
302(a)(1)(F) of the Magnuson-Stevens Act (16 U.S.C.
1852(a)(1)(F)) shall recommend for approval by the
Secretary conservation and management measures to
protect fisheries under its jurisdiction and the
participants in those fisheries from adverse impacts
caused by this Act or by any fishery cooperatives in the
directed pollock fishery.
(B) If the Pacific Council does not recommend such
conservation and management measures by such date, or
[[Page 112 STAT. 2681-635]]
if the Secretary determines that such conservation and
management measures recommended by the Pacific Council
are not adequate to fulfill the purposes of this
paragraph, the Secretary may by regulation implement
adequate measures including, but not limited to,
restrictions on vessels which harvest pollock under a
fishery cooperative which will prevent such vessels from
harvesting Pacific groundfish, and restrictions on the
number of processors eligible to process Pacific
groundfish.
(d) Bycatch Information.--Notwithstanding section 402 of the
Magnuson-Stevens Act (16 U.S.C. 1881a), the North Pacific Council may
recommend and the Secretary may approve, under such terms and conditions
as the North Pacific Council and Secretary deem appropriate, the public
disclosure of any information from the groundfish fisheries under the
authority of such Council that would be beneficial in the implementation
of section 301(a)(9) or section 303(a)(11) of the Magnuson-Stevens Act
(16 U.S.C. 1851(a)(9) and 1853(a)(11)).
(e) Community Development Loan Program.--Under the authority of
title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.),
and subject to the availability of appropriations, the Secretary is
authorized to provide direct loan obligations to communities eligible to
participate in the western Alaska community development quota program
established under 304(i) of the Magnuson-Stevens Act (16 U.S.C. 1855(i))
for the purposes of purchasing all or part of an ownership interest in
vessels and shoreside processors eligible under subsections (a), (b),
(c), (d), (e), or (f) of section 208. Notwithstanding the eligibility
criteria in section 208(a) and section 208(c), the LISA MARIE (United
States official number 1038717) shall be eligible under such sections in
the same manner as other vessels eligible under such sections.
SEC. 212. <> RESTRICTION ON FEDERAL LOANS.
Section 302(b) of the Fisheries Financing Act (46 U.S.C. 1274 note)
is amended--
(1) by inserting ``(1)'' before ``Until October 1, 2001'';
and
(2) by inserting at the end the following new paragraph:
``(2) No loans may be provided or guaranteed by the Federal
Government for the construction or rebuilding of a vessel
intended for use as a fishing vessel (as defined in section 2101
of title 46, United States Code), if such vessel will be greater
than 165 feet in registered length, of more than 750 gross
registered tons, or have an engine or engines capable of
producing a total of more than 3,000 shaft horsepower, after
such construction or rebuilding is completed. This prohibition
shall not apply to vessels to be used in the menhaden fishery or
in tuna purse seine fisheries outside the exclusive economic
zone of the United States or the area of the South Pacific
Regional Fisheries Treaty.''.
SEC. 213. DURATION.
(a) <> General.--Except as otherwise provided
in this title, the provisions of this title shall take effect upon the
date of the enactment of this Act. Sections 206, 208, and 210 shall
remain in <> effect until December 31, 2004,
and shall be repealed on such date, except that the North Pacific
Council may recommend and the Secretary may approve conservation and
management measures
[[Page 112 STAT. 2681-636]]
as part of a fishery management plan under the Magnuson-Stevens Act to
give effect to the measures in such sections thereafter.
(b) Existing Authority.--Except for the measures required by this
subtitle, nothing in this subtitle shall be construed to limit the
authority of the North Pacific Council or the Secretary under the
Magnuson-Stevens Act.
(c) Changes to Fishery Cooperative Limitations and Pollock CDQ
Allocation.--The North Pacific Council may recommend and the Secretary
may approve conservation and management measures in accordance with the
Magnuson-Stevens Act--
(1) that supersede the provisions of this title, except for
sections 206 and 208, for conservation purposes or to mitigate
adverse effects in fisheries or on owners of fewer than three
vessels in the directed pollock fishery caused by this title or
fishery cooperatives in the directed pollock fishery, provided
such measures take into account all factors affecting the
fisheries and are imposed fairly and equitably to the extent
practicable among and within the sectors in the directed pollock
fishery;
(2) that supersede the allocation in section 206(a) for any
of the years 2002, 2003, and 2004, upon the finding by such
Council that the western Alaska community development quota
program for pollock has been adversely affected by the
amendments in this title; or
(3) that supersede the criteria required in paragraph (1) of
section 210(b) to be used by the Secretary to set the percentage
allowed to be harvested by catcher vessels pursuant to a fishery
cooperative under such paragraph.
(d) Report to Congress.--Not later than October 1, 2000, the North
Pacific Council shall submit a report to the Secretary and to Congress
on the implementation and effects of this Act, including the effects on
fishery conservation and management, on bycatch levels, on fishing
communities, on business and employment practices of participants in any
fishery cooperatives, on the western Alaska community development quota
program, on any fisheries outside of the authority of the North Pacific
Council, and such other matters as the North Pacific Council deems
appropriate.
(e) Report on Fillet Production.--Not later than June 1, 2000, the
General Accounting Office shall submit a report to the North Pacific
Council, the Secretary, and the Congress on whether this Act has
negatively affected the market for fillets and fillet blocks, including
through the reduction in the supply of such fillets and fillet blocks.
If the report determines that such market has been negatively affected,
the North Pacific Council shall recommend measures for the Secretary's
approval to mitigate any negative effects.
(f) Severability.--If any provision of this title, an amendment made
by this title, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the remainder of
this title, the amendments made by this title, and the application of
the provisions of such to any person or circumstance shall not be
affected thereby.
(g) International Agreements.--In the event that any provision of
section 12102(c) or section 31322(a) of title 46, United States Code, as
amended by this Act, is determined to be inconsistent with an existing
international agreement relating to foreign investment to which the
United States is a party with respect
[[Page 112 STAT. 2681-637]]
to the owner or mortgagee on October 1, 2001 of a vessel with a fishery
endorsement, such provision shall not apply to that owner or mortgagee
with respect to such vessel to the extent of any such inconsistency. The
provisions of section 12102(c) and section 31322(a) of title 46, United
States Code, as amended by this Act, shall apply to all subsequent
owners and mortgagees of such vessel, and shall apply, notwithstanding
the preceding sentence, to the owner on October 1, 2001 of such vessel
if any ownership interest in that owner is transferred to or otherwise
acquired by a foreign individual or entity after such date.
TITLE III--DENALI <> COMMISSION
SEC. 301. SHORT TITLE.
This title may be cited as the ``Denali Commission Act of 1998''.
SEC. 302. PURPOSES.
The purposes of this title are as follows:
(1) To deliver the services of the Federal Government in the
most cost-effective manner practicable by reducing
administrative and overhead costs.
(2) To provide job training and other economic development
services in rural communities particularly distressed
communities (many of which have a rate of unemployment that
exceeds 50 percent).
(3) To promote rural development, provide power generation
and transmission facilities, modern communication systems, water
and sewer systems and other infrastructure needs.
SEC. 303. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known as
the Denali Commission (referred to in this title as the ``Commission'').
(b) <> Membership.--
(1) Composition.--The Commission shall be composed of 7
members, who shall be appointed by the Secretary of Commerce
(referred to in this title as the ``Secretary''), of whom--
(A) one shall be the Governor of the State of
Alaska, or an individual selected from nominations
submitted by the Governor, who shall serve as the State
Cochairperson;
(B) one shall be the President of the University of
Alaska, or an individual selected from nominations
submitted by the President of the University of Alaska;
(C) one shall be the President of the Alaska
Municipal League or an individual selected from
nominations submitted by the President of the Alaska
Municipal League;
(D) one shall be the President of the Alaska
Federation or Natives or an individual selected from
nominations submitted by the President of the Alaska
Federation or Natives;
(E) one shall be the Executive President of the
Alaska State AFL-CIO or an individual selected from
nominations submitted by the Executive President;
(F) one shall be the President of the Associated
General Contractors of Alaska or an individual selected
from nominations submitted by the President of the
Associated General Contractors of Alaska; and
[[Page 112 STAT. 2681-638]]
(G) one shall be the Federal Cochairperson, who
shall be selected in accordance with the requirements of
paragraph (2).
(2) Federal cochairperson.--
(A) In general.--The President pro temporare of the
Senate and the Speaker of the House of Representatives
shall each submit a list of nominations for the position
of the Federal Cochairperson under paragraph (1)(G),
including pertinent biographical information, to the
Secretary.
(B) Appointment.--The Secretary shall appoint the
Federal Cochairperson from among the list of nominations
submitted under subparagraph (A). The Federal
Cochairperson shall serve as an employee of the
Department of Commerce, and may be removed by the
Secretary for cause.
(C) Federal cochairperson vote.--The Federal
Cochairperson appointed under this paragraph shall break
any tie in the voting of the Commission.
(4) Date.--The appointments of the members of the Commission
shall be made no later than January 1, 1999.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Federal Cochairperson not less frequently than 2 times each
year, and may, as appropriate, conduct business by telephone or
other electronic means.
(2) Notification.--Not later than 2 weeks before calling a
meeting under this subsection, the Federal Cochairperson shall--
(A) notify each member of the Commission of the
time, date and location of that meeting; and
(B) provide each member of the Commission with a
written agenda for the meeting, including any proposals
for discussion and consideration, and any appropriate
background materials.
(e) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
SEC. 304. DUTIES OF THE COMMISSION.
(a) Work Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act and annually thereafter, the Commission
shall develop a proposed work plan for Alaska that meets the
requirements of paragraph (2) and submit that plan to the
Federal Cochairperson for review in accordance with the
requirements of subsection (b).
(2) Work plan.--In developing the work plan, the Commission
shall--
(A) solicit project proposals from local governments
and other entities and organizations; and
(B) provide for a comprehensive work plan for rural
and infrastructure development and necessary job
training in the area covered under the work plan.
[[Page 112 STAT. 2681-639]]
(3) Report.--Upon completion of a work plan under this
subsection, the Commission shall prepare, and submit to the
Secretary, the Federal Cochairperson, and the Director of the
Office of Management and Budget, a report that outlines the work
plan and contains recommendations for funding priorities.
(b) Review by Federal Cochairperson.--
(1) <> In general.--
Upon receiving a work plan under this section, the Secretary,
acting through the Federal Cochairperson, shall publish the work
plan in the Federal Register, with notice and an opportunity for
public comment. The period for public review and comment shall
be the 30-day period beginning on the date of publication of
that notice.
(2) Criteria for review.--In conducting a review under
paragraph (1), the Secretary, acting through the Federal
Cochairperson, shall--
(A) take into consideration the information, views,
and comments received from interested parties through
the public review and comment process specified in
paragraph (1); and
(B) consult with appropriate Federal officials in
Alaska including but not limited to Bureau of Indian
Affairs, Economic Development Administration, and Rural
Development Administration.
(3) Approval.--Not later than 30 days after the end of the
period specified in paragraph (1), the Secretary acting through
the Federal Cochairperson, shall--
(A) approve, disapprove, or partially approve the
work plan that is the subject of the review; and
(B) issue to the Commission a notice of the
approval, disapproval, or partial approval that--
(i) specifies the reasons for disapproving any
portion of the work plan; and
(ii) if applicable, includes recommendations
for revisions to the work plan to make the plan
subject to approval.
(4) Review of disapproval or partial approval.--If the
Secretary, acting through the Federal Cochairperson, disapproves
or partially approves a work plan, the Federal Cochairperson
shall submit that work plan to the Commission for review and
revision.
SEC. 305. POWERS OF THE COMMISSION.
(a) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as it
considers necessary to carry out the provisions of this Act. Upon
request of the Federal Cochairperson of the Commission, the head of such
department or agency shall furnish such information to the Commission.
Agencies must provide the Commission with the requested information in a
timely manner. Agencies are not required to provide the Commission any
information that is exempt from disclosure by the Freedom of Information
Act. Agenices may, upon request by the Commission, make services and
personnel available to the Commission to carry out the duties of the
Commission. To the maximum extent practicable, the Commission shall
contract for completion of necesssary work utilizing local firms and
labor to minimize costs.
[[Page 112 STAT. 2681-640]]
(b) Postal Services.--The Commission may use the United States mails
in the same manner and under the same conditions as other departments
and agencies of the Federal Government.
(c) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 306. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during the time such member is engaged in the performance
of the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation that is in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Commission.
(c) Staff.--
(1) In general.--The Federal Cochairperson of the Commission
may, without regard to the civil service laws and regulations,
appoint such personnel as may be necessary to enable the
Commission to perform its duties.
(2) Compensation.--The Chairman of the Commission may fix
the compensation of personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions and
General Schedule pay rates.
(d) Detail of Government Employees.--Any Federal Government employee
may be detailed to the Commission without reimbursement, and such detail
shall be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--The Federal
Cochairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule under
section 5316 of such title.
(f) Offices.--The principal office of the Commission shall be
located in Alaska, at a location that the Commission shall select.
SEC. 307. SPECIAL FUNCTIONS.
(a) Rural Utilities.--In carrying out its functions under this
title, the Commission shall as appropriate, provide assistance, seek to
avoid duplicating services and assistance, and complement the water and
sewer wastewater programs under section 306D of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926d) and section 303 of the Safe
Drinking Water Act Amendments of 1996 (33 U.S.C. 1263a).
(b) Bulk Fuels.--The Commission, in consultation with the Commandant
of the Coast Guard, shall develop a plan to provide
[[Page 112 STAT. 2681-641]]
for the repair or replacement of bulk fuel storage tanks in Alaska that
are not in compliance with applicable--
(1) Federal law, including the Oil Pollution Act of 1990
(104 Stat. 484); or
(2) State law.
SEC. 308. EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee Act shall not apply to the
Commission.
SEC. 309. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Commission to carry out the duties of the Commission consistent with the
purposes of this title and pursuant to the work plan approved under
section 4 under this Act, $20,000,000 for fiscal year 1999, and such
sums as may be necessary for fiscal years 2000, 2001, 2002, and 2003
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available until expended.
TITLE <> IV--AMERICAN COMPETITIVENESS AND WORKFORCE IMPROVEMENT ACT
SEC. 401. SHORT TITLE; TABLE OF CONTENTS; AMENDMENTS TO IMMIGRATION AND
NATIONALITY ACT.
(a) Short <> Title.--This title may be cited
as the ``American Competitiveness and Workforce Improvement Act of
1998''.
(b) Table of Contents.--The table of contents of this title is as
follows:
Sec. 401. Short title; table of contents; amendments to Immigration and
Nationality Act.
Subtitle A--Provisions Relating to H-1B Nonimmigrants
Sec. 411. Temporary increase in access to temporary skilled personnel
under H-1B program.
Sec. 412. Protection against displacement of United States workers in
case of H-1B-dependent employers.
Sec. 413. Changes in enforcement and penalties.
Sec. 414. Collection and use of H-1B nonimmigrant fees for scholarships
for low-income math, engineering, and computer science
students and job training of United States workers.
Sec. 415. Computation of prevailing wage level.
Sec. 416. Improving count of H-1B and H-2B nonimmigrants.
Sec. 417. Report on older workers in the information technology field.
Sec. 418. Report on high technology labor market needs; reports on
economic impact of increase in H-1B nonimmigrants.
Subtitle B--Special Immigrant Status for Certain NATO Civilian Employees
Sec. 421. Special immigrant status for certain NATO civilian employees.
Subtitle C--Miscellaneous Provision
Sec. 431. Academic honoraria.
(c) Amendments to Immigration and Nationality Act.--Except as
otherwise specifically provided in this title, whenever in this title an
amendment is expressed in terms of an amendment to a section or other
provision, the reference shall be considered to be made to that section
or other provision of the Immigration and Nationality Act (8 U.S.C. 1101
et seq.).
[[Page 112 STAT. 2681-642]]
Subtitle A--Provisions Relating to H-1B Nonimmigrants
SEC. 411. TEMPORARY INCREASE IN ACCESS TO TEMPORARY SKILLED PERSONNEL
UNDER H-1B PROGRAM.
(a) Temporary Increase in Skilled Nonimmigrant Workers.--Paragraph
(1)(A) of section 214(g) (8 U.S.C. 1184(g)) is amended to read as
follows:
``(A) under section 101(a)(15)(H)(i)(b), may not exceed--
``(i) 65,000 in each fiscal year before fiscal year
1999;
``(ii) 115,000 in fiscal year 1999;
``(iii) 115,000 in fiscal year 2000;
``(iv) 107,500 in fiscal year 2001; and
``(v) 65,000 in each succeeding fiscal year; or''.
<> (b) Effective Dates.--The amendment made
by subsection (a) applies beginning with fiscal year 1999.
SEC. 412. PROTECTION AGAINST DISPLACEMENT OF UNITED STATES WORKERS IN
CASE OF H-1B-DEPENDENT EMPLOYERS.
(a) Protection Against Layoff and Requirement for Prior Recruitment
of United States Workers.--
(1) Additional statements on application.--Section 212(n)(1)
(8 U.S.C. 1182(n)(1)) is amended by inserting after subparagraph
(D) the following:
``(E)(i) In the case of an application described in clause
(ii), the employer did not displace and will not displace a
United States worker (as defined in paragraph (4)) employed by
the employer within the period beginning 90 days before and
ending 90 days after the date of filing of any visa petition
supported by the application.
``(ii) An application described in this clause is an
application filed on or after the date final regulations are
first promulgated to carry out this subparagraph, and before
October 1, 2001, by an H-1B-dependent employer (as defined in
paragraph (3)) or by an employer that has been found, on or
after the date of the enactment of the American Competitiveness
and Workforce Improvement Act of 1998, under paragraph (2)(C) or
(5) to have committed a willful failure or misrepresentation
during the 5-year period preceding the filing of the
application. An application is not described in this clause if
the only H-1B nonimmigrants sought in the application are exempt
H-1B nonimmigrants.
``(F) In the case of an application described in
subparagraph (E)(ii), the employer will not place the
nonimmigrant with another employer (regardless of whether or not
such other employer is an H-1B-dependent employer) where--
``(i) the nonimmigrant performs duties in whole or
in part at one or more worksites owned, operated, or
controlled by such other employer; and
``(ii) there are indicia of an employment
relationship between the nonimmigrant and such other
employer;
unless the employer has inquired of the other employer as to
whether, and has no knowledge that, within the period beginning
90 days before and ending 90 days after the date of the
placement of the nonimmigrant with the other employer, the other
employer has displaced or intends to displace a United States
worker employed by the other employer.
[[Page 112 STAT. 2681-643]]
``(G)(i) In the case of an application described in
subparagraph (E)(ii), subject to clause (ii), the employer,
prior to filing the application--
``(I) has taken good faith steps to recruit, in the
United States using procedures that meet industry-wide
standards and offering compensation that is at least as
great as that required to be offered to H-1B
nonimmigrants under subparagraph (A), United States
workers for the job for which the nonimmigrant or
nonimmigrants is or are sought; and
``(II) has offered the job to any United States
worker who applies and is equally or better qualified
for the job for which the nonimmigrant or nonimmigrants
is or are sought.
``(ii) The conditions described in clause (i) shall not
apply to an application filed with respect to the employment of
an H-1B nonimmigrant who is described in subparagraph (A), (B),
or (C) of section 203(b)(1).''.
(2) Notice on application of potential liability of placing
employers.--Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended
by adding at the end the following: ``The application form shall
include a clear statement explaining the liability under
subparagraph (F) of a placing employer if the other employer
described in such subparagraph displaces a United States worker
as described in such subparagraph.''.
(3) Construction.--Section 212(n)(1) (8 U.S.C. 1182(n)(1))
is further amended by adding at the end the following: ``Nothing
in subparagraph (G) shall be construed to prohibit an employer
from using legitimate selection criteria relevant to the job
that are normal or customary to the type of job involved, so
long as such criteria are not applied in a discriminatory
manner.''.
(b) H-1B-Dependent Employer and Other Definitions.--
(1) In general.--Section 212(n) (8 U.S.C. 1182(n)) is
amended by adding at the end the following:
``(3)(A) For purposes of this subsection, the term `H-1B-dependent
employer' means an employer that--
``(i)(I) has 25 or fewer full-time equivalent employees who
are employed in the United States; and (II) employs more than 7
H-1B nonimmigrants;
``(ii)(I) has at least 26 but not more than 50 full-time
equivalent employees who are employed in the United States; and
(II) employs more than 12 H-1B nonimmigrants; or
``(iii)(I) has at least 51 full-time equivalent employees
who are employed in the United States; and (II) employs H-1B
nonimmigrants in a number that is equal to at least 15 percent
of the number of such full-time equivalent employees.
``(B) For purposes of this subsection--
``(i) the term `exempt H-1B nonimmigrant' means an H-1B
nonimmigrant who--
``(I) receives wages (including cash bonuses and
similar compensation) at an annual rate equal to at
least $60,000; or
``(II) has attained a master's or higher degree (or
its equivalent) in a specialty related to the intended
employment; and
[[Page 112 STAT. 2681-644]]
``(ii) the term `nonexempt H-1B nonimmigrant' means an H-1B
nonimmigrant who is not an exempt H-1B nonimmigrant.
``(C) For purposes of subparagraph (A)--
``(i) in computing the number of full-time equivalent
employees and the number of H-1B nonimmigrants, exempt H-1B
nonimmigrants shall not be taken into account during the longer
of--
``(I) the 6-month period beginning on the date of
the enactment of the American Competitiveness and
Workforce Improvement Act of 1998; or
``(II) the period beginning on the date of the
enactment of the American Competitiveness and Workforce
Improvement Act of 1998 and ending on the date final
regulations are issued to carry out this paragraph; and
``(ii) any group treated as a single employer under
subsection (b), (c), (m), or (o) of section 414 of the Internal
Revenue Code of 1986 shall be treated as a single employer.
``(4) For purposes of this subsection:
``(A) The term `area of employment' means the area within
normal commuting distance of the worksite or physical location
where the work of the H-1B nonimmigrant is or will be performed.
If such worksite or location is within a Metropolitan
Statistical Area, any place within such area is deemed to be
within the area of employment.
``(B) In the case of an application with respect to one or
more H-1B nonimmigrants by an employer, the employer is
considered to `displace' a United States worker from a job if
the employer lays off the worker from a job that is essentially
the equivalent of the job for which the nonimmigrant or
nonimmigrants is or are sought. A job shall not be considered to
be essentially equivalent of another job unless it involves
essentially the same responsibilities, was held by a United
States worker with substantially equivalent qualifications and
experience, and is located in the same area of employment as the
other job.
``(C) The term `H-1B nonimmigrant' means an alien admitted
or provided status as a nonimmigrant described in section
101(a)(15)(H)(i)(b).
``(D)(i) The term `lays off', with respect to a worker--
``(I) means to cause the worker's loss of
employment, other than through a discharge for
inadequate performance, violation of workplace rules,
cause, voluntary departure, voluntary retirement, or the
expiration of a grant or contract (other than a
temporary employment contract entered into in order to
evade a condition described in subparagraph (E) or (F)
of paragraph (1)); but
``(II) does not include any situation in which the
worker is offered, as an alternative to such loss of
employment, a similar employment opportunity with the
same employer (or, in the case of a placement of a
worker with another employer under paragraph (1)(F),
with either employer described in such paragraph) at
equivalent or higher compensation and benefits than the
position from which the employee was discharged,
regardless of whether or not the employee accepts the
offer.
[[Page 112 STAT. 2681-645]]
``(ii) Nothing in this subparagraph is intended to limit an
employee's rights under a collective bargaining agreement or
other employment contract.
``(E) The term `United States worker' means an employee
who--
``(i) is a citizen or national of the United States;
or
``(ii) is an alien who is lawfully admitted for
permanent residence, is admitted as a refugee under
section 207, is granted asylum under section 208, or is
an immigrant otherwise authorized, by this Act or by the
Attorney General, to be employed.''.
(2) Conforming amendments.--Section 212(n)(1) (8 U.S.C.
1182(n)(1)) is amended by striking ``a nonimmigrant described in
section 101(a)(15)(H)(i)(b)'' each place it appears and
inserting ``an H-1B nonimmigrant''.
(c) Improved Posting of Notice of Application.--Section
212(n)(1)(C)(ii) (8 U.S.C. 1182(n)(1)(C)(ii)) is amended to read as
follows:
``(ii) if there is no such bargaining
representative, has provided notice of filing in the
occupational classification through such methods as
physical posting in conspicuous locations at the place
of employment or electronic notification to employees in
the occupational classification for which H-1B
nonimmigrants are sought.''.
<> (d) Effective Dates.--The amendments
made by subsection (a) apply to applications filed under section
212(n)(1) of the Immigration and Nationality Act on or after the date
final regulations are issued to carry out such amendments, and the
amendments made by subsections (b) and (c) take effect on the date of
the enactment of this Act.
<> (e) Reduction of Period for Public
Comment.--In first promulgating regulations to implement the amendments
made by this section in a timely manner, the Secretary of Labor and the
Attorney General may reduce to not less than 30 days the period of
public comment on proposed regulations.
SEC. 413. CHANGES IN ENFORCEMENT AND PENALTIES.
(a) Increased Enforcement and Penalties.--Section 212(n)(2)(C) (8
U.S.C. 1182(n)(2)(C)) is amended to read as follows:
``(C)(i) If the Secretary finds, after notice and opportunity for a
hearing, a failure to meet a condition of paragraph (1)(B), (1)(E), or
(1)(F), a substantial failure to meet a condition of paragraph (1)(C),
(1)(D), or (1)(G)(i)(I), or a misrepresentation of material fact in an
application--
``(I) <> the Secretary shall notify the
Attorney General of such finding and may, in addition, impose
such other administrative remedies (including civil monetary
penalties in an amount not to exceed $1,000 per violation) as
the Secretary determines to be appropriate; and
``(II) the Attorney General shall not approve petitions
filed with respect to that employer under section 204 or 214(c)
during a period of at least 1 year for aliens to be employed by
the employer.
``(ii) If the Secretary finds, after notice and opportunity for a
hearing, a willful failure to meet a condition of paragraph (1), a
willful misrepresentation of material fact in an application, or a
violation of clause (iv)--
[[Page 112 STAT. 2681-646]]
``(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.
[[Page 112 STAT. 2681-647]]
It is a violation of this clause for such an employer otherwise to
accept such reimbursement or compensation from such an alien.
``(III) If the Secretary finds, after notice and opportunity for a
hearing, that an employer has committed a violation of this clause, the
Secretary may impose a civil monetary penalty of $1,000 for each such
violation and issue an administrative order requiring the return to the
nonimmigrant of any amount paid in violation of this clause, or, if the
nonimmigrant cannot be located, requiring payment of any such amount to
the general fund of the Treasury.
``(vii)(I) It is a failure to meet a condition of paragraph (1)(A)
for an employer, who has filed an application under this subsection and
who places an H-1B nonimmigrant designated as a full-time employee on
the petition filed under section 214(c)(1) by the employer with respect
to the nonimmigrant, after the nonimmigrant has entered into employment
with the employer, in nonproductive status due to a decision by the
employer (based on factors such as lack of work), or due to the
nonimmigrant's lack of a permit or license, to fail to pay the
nonimmigrant full-time wages in accordance with paragraph (1)(A) for all
such nonproductive time.
``(II) It is a failure to meet a condition of paragraph (1)(A) for
an employer, who has filed an application under this subsection and who
places an H-1B nonimmigrant designated as a part-time employee on the
petition filed under section 214(c)(1) by the employer with respect to
the nonimmigrant, after the nonimmigrant has entered into employment
with the employer, in nonproductive status under circumstances described
in subclause (I), to fail to pay such a nonimmigrant for such hours as
are designated on such petition consistent with the rate of pay
identified on such petition.
``(III) In the case of an H-1B nonimmigrant who has not yet entered
into employment with an employer who has had approved an application
under this subsection, and a petition under section 214(c)(1), with
respect to the nonimmigrant, the provisions of subclauses (I) and (II)
shall apply to the employer beginning 30 days after the date the
nonimmigrant first is admitted into the United States pursuant to the
petition, or 60 days after the date the nonimmigrant becomes eligible to
work for the employer (in the case of a nonimmigrant who is present in
the United States on the date of the approval of the petition).
``(IV) This clause does not apply to a failure to pay wages to an H-
1B nonimmigrant for nonproductive time due to non-work-related factors,
such as the voluntary request of the nonimmigrant for an absence or
circumstances rendering the nonimmigrant unable to work.
``(V) This clause shall not be construed as prohibiting an employer
that is a school or other educational institution from applying to an H-
1B nonimmigrant an established salary practice of the employer, under
which the employer pays to H-1B nonimmigrants and United States workers
in the same occupational classification an annual salary in
disbursements over fewer than 12 months, if--
``(aa) the nonimmigrant agrees to the compressed annual
salary payments prior to the commencement of the employment; and
``(bb) the application of the salary practice to the
nonimmigrant does not otherwise cause the nonimmigrant to
[[Page 112 STAT. 2681-648]]
violate any condition of the nonimmigrant's authorization under
this Act to remain in the United States.
``(VI) This clause shall not be construed as superseding clause
(viii).
``(viii) It is a failure to meet a condition of paragraph (1)(A) for
an employer who has filed an application under this subsection to fail
to offer to an H-1B nonimmigrant, during the nonimmigrant's period of
authorized employment, benefits and eligibility for benefits (including
the opportunity to participate in health, life, disability, and other
insurance plans; the opportunity to participate in retirement and
savings plans; and cash bonuses and noncash compensation, such as stock
options (whether or not based on performance)) on the same basis, and in
accordance with the same criteria, as the employer offers to United
States workers.''.
(b) Use of Arbitration Process for Disputes Involving Qualifications
of United States Workers Not Hired.--
(1) In general.--Section 212(n) (8 U.S.C. 1182(n)), as
amended by section 412(b), is further amended by adding at the
end the following:
``(5)(A) <> 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
[[Page 112 STAT. 2681-649]]
in this subparagraph, no official or court of the United States shall
have power or jurisdiction to review any such findings.
``(ii) The Attorney General may review and reverse or modify the
findings of an arbitrator only on the same bases as an award of an
arbitrator may be vacated or modified under section 10 or 11 of title 9,
United States Code.
``(iii) With respect to the findings of an arbitrator, a court may
review only the actions of the Attorney General under clause (ii) and
may set aside such actions only on the grounds described in subparagraph
(A), (B), or (C) of section 706(a)(2) of title 5, United States Code.
Notwithstanding any other provision of law, such judicial review may
only be brought in an appropriate United States court of appeals.
``(E) If the Attorney General receives a finding of an arbitrator
under this paragraph that an employer has failed to meet the condition
of paragraph (1)(G)(i)(II) or has misrepresented a material fact with
respect to such condition, unless the Attorney General reverses or
modifies the finding under subparagraph (D)(ii)--
``(i) the Attorney General may impose administrative
remedies (including civil monetary penalties in an amount not to
exceed $1,000 per violation or $5,000 per violation in the case
of a willful failure or misrepresentation) as the Attorney
General determines to be appropriate; and
``(ii) the Attorney General is authorized to not approve
petitions filed, with respect to that employer and for aliens to
be employed by the employer, under section 204 or 214(c)--
``(I) during a period of not more than 1 year; or
``(II) in the case of a willful failure or willful
misrepresentation, during a period of not more than 2
years.
``(F) The Attorney General shall not delegate, to any other employee
or official of the Department of Justice, any function of the Attorney
General under this paragraph, until 60 days after the Attorney General
has submitted a plan for such delegation to the Committees on the
Judiciary of the United States House of Representatives and the
Senate.''.
(2) Conforming amendment.--The first sentence of section
212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amended by striking
``The Secretary'' and inserting ``Subject to paragraph (5)(A),
the Secretary''.
(c) Liability of Petitioning Employer in Case of Placement of H-1B
Nonimmigrant With Another Employer.--Section 212(n)(2) (8 U.S.C.
1182(n)(2)) is amended by adding at the end the following:
``(E) If an H-1B-dependent employer places a nonexempt H-1B
nonimmigrant with another employer as provided under paragraph (1)(F)
and the other employer has displaced or displaces a United States worker
employed by such other employer during the period described in such
paragraph, such displacement shall be considered for purposes of this
paragraph a failure, by the placing employer, to meet a condition
specified in an application submitted under paragraph (1); except that
the Attorney General may impose a sanction described in subclause (II)
of subparagraph (C)(i), (C)(ii), or (C)(iii) only if the Secretary of
Labor found that such placing employer--
``(i) knew or had reason to know of such displacement at the
time of the placement of the nonimmigrant with the other
employer; or
[[Page 112 STAT. 2681-650]]
``(ii) has been subject to a sanction under this
subparagraph based upon a previous placement of an H-1B
nonimmigrant with the same other employer.''.
(d) Spot Investigations During Probationary Period.--Section
212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by subsection (c), is
further amended by adding at the end the following:
``(F) The Secretary may, on a case-by-case basis, subject an
employer to random investigations for a period of up to 5 years,
beginning on the date (on or after the date of the enactment of the
American Competitiveness and Workforce Improvement Act of 1998) on which
the employer is found by the Secretary to have committed a willful
failure to meet a condition of paragraph (1) (or has been found under
paragraph (5) to have committed a willful failure to meet the condition
of paragraph (1)(G)(i)(II)) or to have made a willful misrepresentation
of material fact in an application. The preceding sentence shall apply
to an employer regardless of whether or not the employer is an H-1B-
dependent employer. The authority of the Secretary under this
subparagraph shall not be construed to be subject to, or limited by, the
requirements of subparagraph (A).''.
(e) Additional Investigative Authority.--
(1) In general.--Section 212(n)(2) (8 U.S.C. 1182(n)(2)),
as amended by subsection (d), is further amended by adding at
the end the following:
``(G)(i) If the Secretary receives specific credible information
from a source, who is likely to have knowledge of an employer's
practices or employment conditions, or an employer's compliance with the
employer's labor condition application under paragraph (1), and whose
identity is known to the Secretary, and such information provides
reasonable cause to believe that the employer has committed a willful
failure to meet a condition of paragraph (1)(A), (1)(B), (1)(E), (1)(F),
or (1)(G)(i)(I), has engaged in a pattern or practice of failures to
meet such a condition, or has committed a substantial failure to meet
such a condition that affects multiple employees, the Secretary may
conduct a 30-day investigation into the alleged failure or
failures. <> The Secretary (or the Acting
Secretary in the case of the Secretary's absence or disability) shall
personally certify that the requirements for conducting such an
investigation have been met and shall approve commencement of the
investigation. The Secretary may withhold the identity of the source
from the employer, and the source's identity shall not be subject to
disclosure under section 552 of title 5, United States Code.
``(ii) The Secretary shall establish a procedure for any person,
desiring to provide to the Secretary information described in clause (i)
that may be used, in whole or in part, as the basis for commencement of
an investigation described in such clause, to provide the information in
writing on a form developed and provided by the Secretary and completed
by or on behalf of the person. The person may not be an officer or
employee of the Department of Labor, unless the information satisfies
the requirement of clause (iii)(II) (although an officer or employee of
the Department of Labor may complete the form on behalf of the person).
``(iii) Any investigation initiated or approved by the Secretary
under clause (i) shall be based on information that satisfies the
requirements of such clause and that (I) originates from a source other
than an officer or employee of the Department of Labor,
[[Page 112 STAT. 2681-651]]
or (II) was lawfully obtained by the Secretary of Labor in the course of
lawfully conducting another Department of Labor investigation under this
Act or any other Act.
``(iv) The receipt by the Secretary of information submitted by an
employer to the Attorney General or the Secretary for purposes of
securing the employment of an H-1B nonimmigrant shall not be considered
a receipt of information for purposes of clause (i).
``(v) No investigation described in clause (i) (or hearing described
in clause (vii)) may be conducted with respect to information about a
failure to meet a condition described in clause (i), unless the
Secretary receives the information not later than 12 months after the
date of the alleged failure.
``(vi) <> The Secretary shall provide notice to an
employer with respect to whom the Secretary has received information
described in clause (i), prior to the commencement of an investigation
under such clause, of the receipt of the information and of the
potential for an investigation. The notice shall be provided in such a
manner, and shall contain sufficient detail, to permit the employer to
respond to the allegations before an investigation is commenced. The
Secretary is not required to comply with this clause if the Secretary
determines that to do so would interfere with an effort by the Secretary
to secure compliance by the employer with the requirements of this
subsection. There shall be no judicial review of a determination by the
Secretary under this clause.
``(vii) <> If the Secretary determines under this
subparagraph that a reasonable basis exists to make a finding that a
failure described in clause (i) has occurred, the Secretary shall
provide for notice of such determination to the interested parties and
an opportunity for a hearing, in accordance with section 556 of title 5,
United States Code, within 60 days after the date of the determination.
If such a hearing is requested, the Secretary shall make a finding
concerning the matter by not later than 60 days after the date of the
hearing.''.
<> (2) Sunset.--The amendment made
by paragraph (1) shall cease to be effective on September 30,
2001.
(f) Construction.--Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as
amended by subsection (e), is further amended by adding at the end the
following:
``(H) Nothing in this subsection shall be construed as superseding
or preempting any other enforcement-related authority under this Act
(such as the authorities under section 274B), or any other Act.''.
SEC. 414. COLLECTION AND USE OF H-1B NONIMMIGRANT FEES FOR SCHOLARSHIPS
FOR LOW-INCOME MATH, ENGINEERING, AND COMPUTER SCIENCE
STUDENTS AND JOB TRAINING OF UNITED STATES WORKERS.
(a) Imposition of Fee.--Section 214(c) (8 U.S.C. 1184(c)) is amended
by adding at the end the following:
``(9)(A) The Attorney General shall impose a fee on an employer
(excluding an employer described in subparagraph (A) or (B) of section
212(p)(1)) filing (on or after December 1, 1998, and before October 1,
2001) a petition under paragraph (1)--
``(i) initially to grant an alien nonimmigrant status
described in section 101(a)(15)(H)(i)(b);
[[Page 112 STAT. 2681-652]]
``(ii) to extend the stay of an alien having such status
(unless the employer previously has obtained an extension for
such alien); or
``(iii) to obtain authorization for an alien having such
status to change employers.
``(B) The amount of the fee shall be $500 for each such petition.
``(C) Fees collected under this paragraph shall be deposited in the
Treasury in accordance with section 286(s).''.
(b) Establishment of Account; Use of Fees.--Section 286 (8 U.S.C.
1356) is amended by adding at the end the following:
``(s) H-1B Nonimmigrant Petitioner Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as the
`H-1B Nonimmigrant Petitioner Account'. Notwithstanding any
other section of this title, there shall be deposited as
offsetting receipts into the account all fees collected under
section 214(c)(9).
``(2) Use of fees for job training.--56.3 percent of amounts
deposited into the H-1B Nonimmigrant Petitioner Account shall
remain available to the Secretary of Labor until expended for
demonstration programs and projects described in section 414(c)
of the American Competitiveness and Workforce Improvement Act of
1998.
``(3) Use of fees for low-income scholarship program.--28.2
percent of the amounts deposited into the H-1B Nonimmigrant
Petitioner Account shall remain available to the Director of the
National Science Foundation until expended for scholarships
described in section 414(d) of the American Competitiveness and
Workforce Improvement Act of 1998 for low-income students
enrolled in a program of study leading to a degree in
mathematics, engineering, or computer science.
``(4) Additional nsf uses.--
``(A) Grants for mathematics, engineering, or
science enrichment courses.--4 percent of the amounts
deposited into the H-1B Nonimmigrant Petitioner Account
shall remain available to the Director of the National
Science Foundation until expended to make merit-reviewed
grants, under section 3(a)(1) of the National Science
Foundation Act of 1950 (42 U.S.C. 1862(a)(1)), for
programs that provide opportunities for enrollment in
year-round academic enrichment courses in mathematics,
engineering, or science.
``(B) Systemic reform activities.--4 percent of the
amounts deposited into the H-1B Nonimmigrant Petitioner
Account shall remain available to the Director of the
National Science Foundation until expended to carry out
systemic reform activities administered by the National
Science Foundation under section 3(a)(1) of the National
Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).
``(5) Use of fees for duties relating to petitions.--1.5
percent of the amounts deposited into the H-1B Nonimmigrant
Petitioner Account shall remain available to the Attorney
General until expended to carry out duties under paragraphs (1)
and (9) of section 214(c) related to petitions made for
nonimmigrants described in section 101(a)(15)(H)(i)(b), to
decrease the processing time for such petitions, and to carry
[[Page 112 STAT. 2681-653]]
out duties under section 416 of the American Competitiveness and
Workforce Improvement Act of 1998. Such amounts shall be
available in addition to any other fees authorized to be
collected by the Attorney General with respect to such
petitions.
``(6) Use of fees for application processing and
enforcement.--For fiscal year 1999, 6 percent of the amounts
deposited into the H-1B Nonimmigrant Petitioner Account shall
remain available to the Secretary of Labor until expended for
decreasing the processing time for applications under section
212(n)(1) and for carrying out section 212(n)(2). Beginning with
fiscal year 2000, 3 percent of the amounts deposited into the H-
1B Nonimmigrant Petitioner Account shall remain available to the
Secretary of Labor until expended for decreasing the processing
time for applications under section 212(n)(1), and 3 percent of
such amounts shall remain available to such Secretary until
expended for carrying out section 212(n)(2). Notwithstanding the
preceding sentence, both of the amounts made available for any
fiscal year (beginning with fiscal year 2000) pursuant to the
preceding sentence shall be available to such Secretary, and
shall remain available until expended, only for decreasing the
processing time for applications under section 212(n)(1) until
the Secretary submits to the Congress a report containing a
certification that, during the most recently concluded calendar
year, the Secretary substantially complied with the requirement
in section 212(n)(1) relating to the provision of the
certification described in section 101(a)(15)(H)(i)(b) within a
7-day period.''.
<> (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
[[Page 112 STAT. 2681-654]]
graduate level degrees in mathematics, engineering, or computer
science.
(2) Eligibility.--
(A) In general.--To be eligible to receive a
scholarship under this subsection, an individual--
(i) must be a citizen of the United States, a
national of the United States (as defined in
section 101(a) of the Immigration and Nationality
Act), an alien admitted as a refugee under section
207 of the Immigration and Nationality, or an
alien lawfully admitted to the United States for
permanent residence;
(ii) shall prepare and submit to the Director
an application at such time, in such manner, and
containing such information as the Director may
require; and
(iii) shall certify to the Director that the
individual intends to use amounts received under
the scholarship to enroll or continue enrollment
at an institution of higher education (as defined
in section 101(a) of the Higher Education Act of
1965) in order to pursue an associate,
undergraduate, or graduate level degree in
mathematics, engineering, or computer science.
(B) Ability.--Awards of scholarships under this
subsection shall be made by the Director solely on the
basis of the ability of the applicant, except that in
any case in which 2 or more applicants for scholarships
are deemed by the Director to be possessed of
substantially equal ability, and there are not
sufficient scholarships available to grant one to each
of such applicants, the available scholarship or
scholarships shall be awarded to the applicants in a
manner that will tend to result in a geographically wide
distribution throughout the United States of recipients'
places of permanent residence.
(3) Limitation.--The amount of a scholarship awarded under
this subsection shall be determined by the Director, except that
the Director shall not award a scholarship in an amount
exceeding $2,500 per year.
(4) Funding.--The Director shall carry out this subsection
only with funds made available under section 286(s)(3) of the
Immigration and Nationality Act.
SEC. 415. COMPUTATION OF PREVAILING WAGE LEVEL.
(a) In General.--Section 212 (8 U.S.C. 1182) is amended by adding at
the end the following:
``(p)(1) In computing the prevailing wage level for an occupational
classification in an area of employment for purposes of subsections
(n)(1)(A)(i)(II) and (a)(5)(A) in the case of an employee of--
``(A) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965), or a
related or affiliated nonprofit entity; or
``(B) a nonprofit research organization or a Governmental
research organization,
the prevailing wage level shall only take into account employees at such
institutions and organizations in the area of employment.
``(2) With respect to a professional athlete (as defined in
subsection (a)(5)(A)(iii)(II)) when the job opportunity is covered by
professional sports league rules or regulations, the wage set forth
[[Page 112 STAT. 2681-655]]
in those rules or regulations shall be considered as not adversely
affecting the wages of United States workers similarly employed and be
considered the prevailing wage.''.
<> (b) Effective Date.--The amendment made
by subsection (a) applies to prevailing wage computations made--
(1) for applications filed on or after the date of the
enactment of this Act; and
(2) for applications filed before such date, but only to the
extent that the computation is subject to an administrative or
judicial determination that is not final as of such date.
SEC. 416. <> IMPROVING COUNT OF H-1B AND H-2B
NONIMMIGRANTS.
(a) Ensuring Accurate Count.--The Attorney General shall take such
steps as are necessary to maintain an accurate count of the number of
aliens subject to the numerical limitations of section 214(g)(1) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)(1)) who are issued
visas or otherwise provided nonimmigrant status.
(b) Revision of Petition Forms.--The Attorney General shall take
such steps as are necessary to revise the forms used for petitions for
visas or nonimmigrant status under clause (i)(b) or (ii)(b) of section
101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)) so as to ensure that the forms provide the Attorney
General with sufficient information to permit the Attorney General
accurately to count the number of aliens subject to the numerical
limitations of section 214(g)(1) of such Act (8 U.S.C. 1184(g)(1)) who
are issued visas or otherwise provided nonimmigrant status.
(c) Provision of Information.--
(1) Quarterly notification.--Beginning not later than 60
days after the first day of fiscal year 1999, the Attorney
General shall notify, on a quarterly basis, the Committees on
the Judiciary of the United States House of Representatives and
the Senate of the numbers of aliens who were issued visas or
otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act
during the preceding 3-month period.
(2) Annual submission.--Beginning with fiscal year 2000, the
Attorney General shall submit on an annual basis, to the
Committees on the Judiciary of the United States House of
Representatives and the Senate, information on the countries of
origin and occupations of, educational levels attained by, and
compensation paid to, aliens who were issued visas or otherwise
provided nonimmigrant status under section 101(a)(15)(H)(i)(b)
of the Immigration and Nationality Act during the previous
fiscal year. With respect to the first submission under this
paragraph, the information shall relate solely to aliens
provided nonimmigrant status after the date that is 60 days
after the date on which final regulations are issued to carry
out section 412(a).
(3) Specification of number of petitions filed by certain
employers.--Each notification under paragraph (1), and each
submission under paragraph (2), shall include the number of
aliens who were issued visas or otherwise provided nonimmigrant
status pursuant to petitions filed by institutions or
organizations described in section 212(p)(1) of the Immigration
and Nationality Act (as added by section 415 of this title).
[[Page 112 STAT. 2681-656]]
SEC. 417. <> REPORT ON OLDER WORKERS IN THE
INFORMATION TECHNOLOGY FIELD.
<> (a) Study.--The Director of the National
Science Foundation shall enter into a contract with the President of the
National Academy of Sciences to conduct a study, using the best
available data, assessing the status of older workers in the information
technology field. The study shall consider the following:
(1) The existence and extent of age discrimination in the
information technology workplace.
(2) The extent to which there is a difference, based on age,
in--
(A) promotion and advancement;
(B) working hours;
(C) telecommuting;
(D) salary; and
(E) stock options, bonuses, and other benefits.
(3) The relationship between rates of advancement,
promotion, and compensation to experience, skill level,
education, and age.
(4) Differences in skill level on the basis of age.
(b) Report.--Not later than October 1, 2000, the Director of the
National Science Foundation shall submit to the Committees on the
Judiciary of the United States House of Representatives and the Senate a
report containing the results of the study described in subsection (a).
SEC. 418. <> REPORT ON HIGH TECHNOLOGY LABOR
MARKET NEEDS; REPORTS ON ECONOMIC IMPACT OF INCREASE IN H-1B
NONIMMIGRANTS.
(a) National Science Foundation Study and Report.--
(1) In general.--The Director of the National Science
Foundation shall conduct a study to assess labor market needs
for workers with high technology skills during the next 10
years. The study shall investigate and analyze the following:
(A) Future training and education needs of companies
in the high technology and information technology
sectors and future training and education needs of
United States students to ensure that students' skills
at various levels are matched to the needs in such
sectors.
(B) An analysis of progress made by educators,
employers, and government entities to improve the
teaching and educational level of American students in
the fields of math, science, computer science, and
engineering since 1998.
(C) An analysis of the number of United States
workers currently or projected to work overseas in
professional, technical, and managerial capacities.
(D) The relative achievement rates of United States
and foreign students in secondary schools in a variety
of subjects, including math, science, computer science,
English, and history.
(E) The relative performance, by subject area, of
United States and foreign students in postsecondary and
graduate schools as compared to secondary schools.
(F) The needs of the high technology sector for
foreign workers with specific skills and the potential
benefits and costs to United States employers, workers,
consumers,
[[Page 112 STAT. 2681-657]]
postsecondary educational institutions, and the United
States economy, from the entry of skilled foreign
professionals in the fields of science and engineering.
(G) The needs of the high technology sector to adapt
products and services for export to particular local
markets in foreign countries.
(H) An examination of the amount and trend of moving
the production or performance of products and services
now occurring in the United States abroad.
(2) Report.--Not later than October 1, 2000, the Director of
the National Science Foundation shall submit to the Committees
on the Judiciary of the United States House of Representatives
and the Senate a report containing the results of the study
described in paragraph (1).
(3) Involvement.--The study under paragraph (1) shall be
conducted in a manner that ensures the participation of
individuals representing a variety of points of view.
<> (b) Reporting on Studies Showing
Economic Impact of H-1B Nonimmigrant Increase.--The Chairman of the
Board of Governors of the Federal Reserve System, the Director of the
Office of Management and Budget, the Chair of the Council of Economic
Advisers, the Secretary of the Treasury, the Secretary of Commerce, the
Secretary of Labor, and any other member of the Cabinet, shall promptly
report to the Congress the results of any reliable study that suggests,
based on legitimate economic analysis, that the increase effected by
section 411(a) of this title in the number of aliens who may be issued
visas or otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act has had an
impact on any national economic indicator, such as the level of
inflation or unemployment, that warrants action by the Congress.
Subtitle B--Special Immigrant Status for Certain NATO Civilian Employees
SEC. 421. SPECIAL IMMIGRANT STATUS FOR CERTAIN NATO CIVILIAN EMPLOYEES.
(a) In General.--Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is
amended--
(1) by striking ``or'' at the end of subparagraph (J);
(2) by striking the period at the end of subparagraph (K)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(L) an immigrant who would be described in clause (i),
(ii), (iii), or (iv) of subparagraph (I) if any reference in
such a clause--
``(i) to an international organization described in
paragraph (15)(G)(i) were treated as a reference to the
North Atlantic Treaty Organization (NATO);
``(ii) to a nonimmigrant under paragraph (15)(G)(iv)
were treated as a reference to a nonimmigrant
classifiable under NATO-6 (as a member of a civilian
component accompanying a force entering in accordance
with the provisions of the NATO Status-of-Forces
Agreement, a member of a civilian component attached to
or employed by an Allied Headquarters under the
`Protocol on the Status of
[[Page 112 STAT. 2681-658]]
International Military Headquarters' set up pursuant to
the North Atlantic Treaty, or as a dependent); and
``(iii) to the Immigration Technical Corrections Act
of 1988 or to the Immigration and Nationality Technical
Corrections Act of 1994 were a reference to the American
Competitiveness and Workforce Improvement Act of
1998.''.
(b) Conforming Nonimmigrant Status for Certain Parents of Special
Immigrant Children.--Section 101(a)(15)(N) (8 U.S.C. 1101(a)(15)(N)) is
amended--
(1) by inserting ``(or under analogous authority under
paragraph (27)(L))'' after ``(27)(I)(i)''; and
(2) by inserting ``(or under analogous authority under
paragraph (27)(L))'' after ``(27)(I)''.
Subtitle C--Miscellaneous Provision
SEC. 431. ACADEMIC HONORARIA.
(a) In General.--Section 212 (8 U.S.C. 1182), as amended by section
415, is further amended by adding at the end the following:
``(q) Any alien admitted under section 101(a)(15)(B) may accept an
honorarium payment and associated incidental expenses for a usual
academic activity or activities (lasting not longer than 9 days at any
single institution), as defined by the Attorney General in consultation
with the Secretary of Education, if such payment is offered by an
institution or organization described in subsection (p)(1) and is made
for services conducted for the benefit of that institution or entity and
if the alien has not accepted such payment or expenses from more than 5
institutions or organizations in the previous 6-month period.''.
<> (b) Effective Date.--The amendment made
by subsection (a) shall apply to activities occurring on or after the
date of the enactment of this Act.
TITLE V--SALTON SEA FEASIBILITY STUDY
(a) In General.--No later than January 1, 2000, the Secretary of the
Interior, in accordance with this section, shall complete all
feasibility studies and cost analyses for the options set forth in
subsection (b)(2)(A) necessary for Congress to fully evaluate such
options.
(b) Feasibility Study.--
(1) In general.--
(A) The Secretary shall complete all studies,
including, but not limited to environmental and other
reviews, of the feasibility and benefit-cost of various
options that permit the continued use of the Salton Sea
as a reservoir for irrigation drainage and (1) reduce
and stabilize the overall salinity of the Salton Sea,
(2) stabilize the surface elevation of the Salton Sea,
(3) reclaim, in the long term, healthy fish and wildlife
resources and their habitats, and (4) enhance the
potential for recreational uses and economic development
of the Salton Sea.
(B) Based solely on whatever information is
available at the time of submission of the report, the
Secretary shall (1) identify any options he deems
economically feasible and cost effective, (2) identify
any additional
[[Page 112 STAT. 2681-659]]
information necessary to develop construction
specifications, and (3) submit any recommendations,
along with the results of the study to the Committees no
later than January 1, 2000.
(i) The Secretary shall carry out the
feasibility study in accordance with a memorandum
of understanding entered into by the Secretary,
the Salton Sea Authority, and the Governor of
California.
(ii) The memorandum of understanding shall, at
a minimum, establish criteria for evaluation and
selection of options under subparagraph (2)(A),
including criteria for determining benefits and
the magnitude and practicability of costs of
construction, operation, and maintenance of each
option evaluated.
(2) Options to be considered.--Options considered in the
feasibility study--
(A) shall consist of, but need not be limited to--
(i) use of impoundments to segregate a portion
of the waters of the Salton Sea in one or more
evaporation ponds located in the Salton Sea basin;
(ii) pumping water out of the Salton Sea;
(iii) augmented flows of water into the Salton
Sea;
(iv) a combination of the options referred to
in clauses (i), (ii), and (iii); and
(v) any other economically feasible
remediation option the Secretary considers
appropriate and for which feasibility analyses and
cost estimates can be completed by January 1,
2000;
(B) shall be limited to proven technologies; and
(C) shall not include any option that--
(i) relies on the importation of any new or
additional water from the Colorado River; or
(ii) is inconsistent with the provisions of
subsection (c).
(3) Assumptions.--In evaluating options, the Secretary shall
apply assumptions regarding water inflows into the Salton Sea
Basin that encourage water conservation, account for transfers
of water out of the Salton Sea Basin, and are based on a maximum
likely reduction in inflows into the Salton Sea Basin which
could be 800,000 acre-feet or less per year.
(4) Consideration of costs.--In evaluating the feasibility
of options, the Secretary shall consider the ability of Federal,
tribal, State and local government sources and private sources
to fund capital construction costs and annual operation,
maintenance, energy, and replacement costs and shall set forth
the basis for any cost sharing allocations as well as
anticipated repayment, if any, of federal contributions.
(c) Relationship to Other Law.--
(1) Reclamation laws.--Activities authorized by this title
shall not be subject to the Act of June 17, 1902 (32 Stat. 388;
43 U.S.C. 391 et seq.), and Acts amendatory thereof and
supplemental thereto. Amounts expended for those activities
shall be considered nonreimbursable for purposes of those laws
and shall not be considered to be a supplemental or additional
benefit for purposes of the Reclamation Reform Act of 1982 (96
Stat. 1263; 43 U.S.C. 390aa et seq.).
[[Page 112 STAT. 2681-660]]
(2) Preservation of rights and obligations with respect to
the colorado river.--This Act shall not be considered to
supersede or otherwise affect any treaty, law, decree, contract,
or agreement governing use of water from the Colorado River. All
activities taken under this Act must be carried out in a manner
consistent with rights and obligations of persons under those
treaties, laws, decrees, contracts, and agreements.
TITLE VI--CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND STATE
OF SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION
SEC. 601. DEFINITIONS.
In this title, the following definitions apply:
(1) Restoration.--The term ``restoration'' means mitigation
of the habitat of wildlife.
(2) Terrestrial wildlife habitat.--The term ``terrestrial
wildlife habitat'' means a habitat for a wildlife species
(including game and nongame species) that existed or exists on
an upland habitat (including a prairie grassland, woodland,
bottom land forest, scrub, or shrub) or an emergent wetland
habitat.
(3) Wildlife.--The term ``wildlife'' has the meaning given
the term in section 8 of the Fish and Wildlife Coordination Act
(16 U.S.C. 666b).
SEC. 602. TERRESTRIAL WILDLIFE HABITAT RESTORATION.
(a) Terrestrial Wildlife Habitat Restoration Plans.--
(1) In general.--In accordance with this subsection and in
consultation with the Secretary and the Secretary of the
Interior, the State of South Dakota, the Cheyenne River Sioux
Tribe, and the Lower Brule Sioux Tribe shall, as a condition of
the receipt of funds under this title, each develop a plan for
the restoration of terrestrial wildlife habitat loss that
occurred as a result of flooding related to the Big Bend and
Oahe projects carried out as part of the Pick-Sloan Missouri
River Basin program.
(2) Submission of plan to secretary.--On completion of a
plan for terrestrial wildlife habitat restoration, the State of
South Dakota, the Cheyenne River Sioux Tribe, and the Lower
Brule Sioux Tribe shall submit the plan to the Secretary.
(3) Review by secretary and submission to committees.--The
Secretary shall review the plan and submit the plan, with any
comments, to the appropriate committees of the Senate and the
House of Representatives.
(4) Funding for carrying out plans.--
(A) State of south dakota.--
(i) Notification.--On receipt of the plan for
terrestrial wildlife habitat restoration submitted
by the State of South Dakota, each of the
Committees referred to in paragraph (3) shall
notify the Secretary of the Treasury of the
receipt of the plan.
(ii) Availability of funds.--On notification
in accordance with clause (i), the Secretary of
the Treasury shall make available to the State of
South Dakota funds from the South Dakota
Terrestrial Wildlife Habitat Restoration Trust
Fund established under section
[[Page 112 STAT. 2681-661]]
803, to be used to carry out the plan for
terrestrial wildlife habitat restoration submitted
by the State and only after the Trust Fund is
fully capitalized.
(B) Cheyenne river sioux tribe and lower brule sioux
tribe.--
(i) Notification.--On receipt of the plan for
terrestrial wildlife habitat restoration submitted
by the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe, each of the Committees referred
to in paragraph (3) shall notify the Secretary of
the Treasury of the receipt of each of the plans.
(ii) Availability of funds.--On notification
in accordance with clause (i), the Secretary of
the Treasury shall make available to the Cheyenne
River Sioux Tribe and the Lower Brule Sioux Tribe
funds from the Cheyenne River Sioux Tribe
Terrestrial Wildlife Habitat Restoration Trust
Fund and the Lower Brule Sioux Tribe Terrestrial
Wildlife Habitat Restoration Trust Fund,
respectively, established under section 804, to be
used to carry out the plan for terrestrial
wildlife habitat restoration submitted by the
Cheyenne River Sioux Tribe and the Lower Brule
Sioux Tribe, respectively, and only after the
Trust Fund is fully capitalized.
(C) Transition period.--
(i) In general.--During the period described
in clause (ii), the Secretary shall--
(I) fund the terrestrial wildlife
habitat restoration programs being
carried out on the date of enactment of
this Act on Oahe and Big Bend project
land and the plans established under
this section at a level that does not
exceed the highest amount of funding
that was provided for the programs
during a previous fiscal year; and
(II) fund the activities described
in sections 803(d)(3) and 804(d)(3).
(ii) Period.--Clause (i) shall apply during
the period--
(I) beginning on the date of
enactment of this Act; and
(II) ending on the date on which
funds are made available for use from
the South Dakota Terrestrial Wildlife
Habitat Restoration Trust Fund under
section 803(d)(3)(A)(i) and the Cheyenne
River Sioux Tribe Terrestrial Wildlife
Habitat Restoration Trust Fund and the
Lower Brule Sioux Tribe Terrestrial
Wildlife Habitat Restoration Trust Fund
under section 804(d)(3)(A)(i).
(b) Programs for the Purchase of Wildlife Habitat Leases.--
(1) In general.--The State of South Dakota may use funds
made available under section 803(d)(3)(A)(iii) to develop a
program for the purchase of wildlife habitat leases that meets
the requirements of this subsection.
(2) Development of a plan.--
(A) In general.--If the State of South Dakota, the
Cheyenne River Sioux Tribe, or the Lower Brule Sioux
[[Page 112 STAT. 2681-662]]
Tribe elects to conduct a program under this subsection,
the State of South Dakota, the Cheyenne River Sioux
Tribe, or the Lower Brule Sioux Tribe (in consultation
with the United States Fish and Wildlife Service and the
Secretary and with an opportunity for public comment)
shall develop a plan to lease land for the protection
and development of wildlife habitat, including habitat
for threatened and endangered species, associated with
the Missouri River ecosystem.
(B) Use for program.--The plan shall be used by the
State of South Dakota, the Cheyenne River Sioux Tribe,
or the Lower Brule Sioux Tribe in carrying out the
program carried out under paragraph (1).
(3) Conditions of leases.--Each lease covered under a
program carried out under paragraph (1) shall specify that the
owner of the property that is subject to the lease shall
provide--
(A) public access for sportsmen during hunting
season; and
(B) public access for other outdoor uses covered
under the lease, as negotiated by the landowner and the
State of South Dakota, the Cheyenne River Sioux Tribe,
or the Lower Brule Sioux Tribe.
(4) Use of assistance.--
(A) State of south dakota.--If the State of South
Dakota conducts a program under this subsection, the
State may use funds made available under section
803(d)(3)(A)(iii) to--
(i) acquire easements, rights-of-way, or
leases for management and protection of wildlife
habitat, including habitat for threatened and
endangered species, and public access to wildlife
on private property in the State of South Dakota;
(ii) create public access to Federal or State
land through the purchase of easements or rights-
of-way that traverse such private property; or
(iii) lease land for the creation or
restoration of a wetland on such private property.
(B) Cheyenne river sioux tribe and lower brule sioux
tribe.--If the Cheyenne River Sioux Tribe or the Lower
Brule Sioux Tribe conducts a program under this
subsection, the Tribe may use funds made available under
section 804(d)(3)(A)(iii) for the purposes described in
subparagraph (A).
(c) Federal Obligation for Terrestrial Wildlife Habitat Mitigation
for the Big Bend and Oahe Projects in South Dakota.--The establishment
of the trust funds under sections 803 and 804 and the development and
implementation of plans for terrestrial wildlife habitat restoration
developed by the State of South Dakota, the Cheyenne River Sioux Tribe,
and the Lower Brule Sioux Tribe in accordance with this section shall be
considered to satisfy the Federal obligation under the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.) for terrestrial wildlife
habitat mitigation for the State of South Dakota, the Cheyenne River
Sioux Tribe, and the Lower Brule Sioux Tribe for the Big Bend and Oahe
projects carried out as part of the Pick-Sloan Missouri River Basin
program.
[[Page 112 STAT. 2681-663]]
SEC. 603. SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION TRUST
FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``South Dakota Terrestrial
Wildlife Habitat Restoration Trust Fund'' (referred to in this section
as the ``Fund'').
(b) Funding.--For the fiscal year during which this Act is enacted
and each fiscal year thereafter until the aggregate amount deposited in
the Fund under this subsection is equal to at least $108,000,000, the
Secretary of the Treasury shall deposit $10,000,000 in the Fund.
(c) Investments.--The Secretary of the Treasury shall invest the
amounts deposited under subsection (b) only in interest-bearing
obligations of the United States or in obligations guaranteed by the
United States as to both principal and interest.
(d) Payments.--
(1) In general.--All amounts credited as interest under
subsection (c) shall be available, without fiscal year
limitation, to the State of South Dakota for use in accordance
with paragraph (3) after the Fund has been fully capitalized.
(2) Withdrawal and transfer of funds.--Subject to section
802(a)(4)(A), the Secretary of the Treasury shall withdraw
amounts credited as interest under paragraph (1) and transfer
the amounts to the State of South Dakota for use as State funds
in accordance with paragraph (3) after the Fund has been fully
capitalized.
(3) Use of transferred funds.--
(A) In general.--Subject to subparagraph (B), the
State of South Dakota shall use the amounts transferred
under paragraph (2) only to--
(i) fully fund the annually scheduled work
described in the terrestrial wildlife habitat
restoration plan of the State developed under
section 802(a); and
(ii) with any remaining funds--
(I) protect archaeological,
historical, and cultural sites located
along the Missouri River on land
transferred to the State;
(II) fund all costs associated with
the ownership, management, operation,
administration, maintenance, and
development of recreation areas and
other lands that are transferred to the
State of South Dakota by the Secretary;
(III) purchase and administer
wildlife habitat leases under section
802(b);
(IV) carry out other activities
described in section 802; and
(V) develop and maintain public
access to, and protect, wildlife habitat
and recreation areas along the Missouri
River.
(B) Prohibition.--The amounts transferred under
paragraph (2) shall not be used for the purchase of land
in fee title.
(e) Transfers and Withdrawals.--Except as provided in subsection
(d), the Secretary of the Treasury may not transfer or withdraw any
amount deposited under subsection (b).
[[Page 112 STAT. 2681-664]]
(f) Administrative Expenses.--There are authorized to be
appropriated to the Secretary of the Treasury such sums as are necessary
to pay the administrative expenses of the Fund.
SEC. 604. CHEYENNE RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE
TERRESTRIAL WILDLIFE HABITAT RESTORATION TRUST FUNDS.
(a) Establishment.--There are established in the Treasury of the
United States 2 funds to be known as the ``Cheyenne River Sioux Tribe
Terrestrial Wildlife Restoration Trust Fund'' and the ``Lower Brule
Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund'' (each
of which is referred to in this section as a ``Fund'').
(b) Funding.--
(1) In general.--Subject to paragraph (2), for the fiscal
year during which this Act is enacted and each fiscal year
thereafter until the aggregate amount deposited in the Funds
under this subsection is equal to at least $57,400,000, the
Secretary of the Treasury shall deposit $5,000,000 in the Funds.
(2) Allocation.--Of the total amount of funds deposited into
the Funds for a fiscal year, the Secretary of the Treasury shall
deposit--
(A) 74 percent of the funds into the Cheyenne River
Sioux Tribe Terrestrial Wildlife Restoration Trust Fund;
and
(B) 26 percent of the funds into the Lower Brule
Sioux Tribe Terrestrial Wildlife Habitat Restoration
Trust Fund.
(c) Investments.--The Secretary of the Treasury shall invest the
amounts deposited under subsection (b) only in interest-bearing
obligations of the United States or in obligations guaranteed as to both
principal and interest by the United States.
(d) Payments.--
(1) In general.--All amounts credited as interest under
subsection (c) shall be available after the Trust Funds are
fully capitalized, without fiscal year limitation, to the
Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe for
their use in accordance with paragraph (3).
(2) Withdrawal and transfer of funds.--Subject to section
802(a)(4)(B), the Secretary of the Treasury shall withdraw
amounts credited as interest under paragraph (1) and transfer
the amounts to the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe for use in accordance with paragraph (3).
(3) Use of transferred funds.--
(A) In general.--Subject to subparagraph (B), the
Cheyenne River Sioux Tribe and the Lower Brule Sioux
Tribe shall use the amounts transferred under paragraph
(2) only to--
(i) fully fund the annually scheduled work
described in the terrestrial wildlife habitat
restoration plan of the respective Tribe developed
under section 802(a); and
(ii) with any remaining funds--
(I) protect archaeological,
historical, and cultural sites located
along the Missouri River on land
transferred to the respective Tribe;
(II) fund all costs associated with
the ownership, management, operation,
administration,
[[Page 112 STAT. 2681-665]]
maintenance, and development of
recreation areas and other lands that
are transferred to the respective Tribe
by the Secretary;
(III) purchase and administer
wildlife habitat leases under section
802(b);
(IV) carry out other activities
described in section 802; and
(V) develop and maintain public
access to, and protect, wildlife habitat
and recreation areas along the Missouri
River.
(B) Prohibition.--The amounts transferred under
paragraph (2) shall not be used for the purchase of land
in fee title.
(e) Transfers and Withdrawals.--Except as provided in subsection
(d), the Secretary of the Treasury may not transfer or withdraw any
amount deposited under subsection (b).
(f) Administrative Expenses.--There are authorized to be
appropriated to the Secretary of the Treasury such sums as are necessary
to pay the administrative expenses of the Fund.
SEC. 605. TRANSFER OF FEDERAL LAND TO STATE OF SOUTH DAKOTA.
(a) In General.--
(1) Transfer.--
(A) In general.--The Secretary shall transfer to the
Department of Game, Fish and Parks of the State of South
Dakota (referred to in this section as the
``Department'') the land and recreation areas described
in subsections (b) and (c) for fish and wildlife
purposes, or public recreation uses, in perpetuity.
(B) Permits, rights-of-way, and easements.--All
permits, rights-of-way, and easements granted by the
Secretary to the Oglala Sioux Tribe for land on the west
side of the Missouri River between the Oahe Dam and
Highway 14, and all permits, rights-of-way, and
easements on any other land administered by the
Secretary and used by the Oglala Sioux Rural Water
Supply System, are granted to the Oglala Sioux Tribe in
perpetuity to be held in trust under section 3(e) of the
Mni Wiconi Project Act of 1988 (102 Stat. 2568).
(2) Uses.--The Department shall maintain and develop the
land outside the recreation areas for fish and wildlife purposes
in accordance with--
(A) fish and wildlife purposes in effect on the date
of enactment of this Act; or
(B) a plan developed under section 802.
(3) Corps of engineers.--The transfer shall not interfere
with the Corps of Engineers operation of a project under this
section for an authorized purpose of the project under the Act
of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701-1
et seq.), or other applicable law.
(4) Secretary.--The Secretary shall retain the right to
inundate with water the land transferred to the Department under
this section or draw down a project reservoir, as necessary to
carry out an authorized purpose of a project.
(b) Land Transferred.--The land described in this subsection is land
that--
[[Page 112 STAT. 2681-666]]
(1) is located above the top of the exclusive flood pool of
the Oahe, Big Bend, Fort Randall, and Gavin's Point projects of
the Pick-Sloan Missouri River Basin program;
(2) was acquired by the Secretary for the implementation of
the Pick-Sloan Missouri River Basin program;
(3) is located outside the external boundaries of a
reservation of an Indian Tribe; and
(4) is located within the State of South Dakota.
(c) Recreation Areas Transferred.--A recreation area described in
this section includes the land and waters within a recreation area
that--
(1) the Secretary determines, at the time of the transfer,
is a recreation area classified for recreation use by the Corps
of Engineers on the date of enactment of this Act;
(2) is located outside the external boundaries of a
reservation of an Indian Tribe;
(3) is located within the State of South Dakota;
(4) is not the recreation area known as ``Cottonwood'',
``Training Dike'', or ``Tailwaters''; and
(5) is located below Gavin's Point Dam in the State of South
Dakota in accordance with boundary agreements and reciprocal
fishing agreements between the State of South Dakota and the
State of Nebraska in effect on the date of enactment of this
Act, which agreements shall continue to be honored by the State
of South Dakota as the agreements apply to any land or
recreation areas transferred under this title to the State of
South Dakota below Gavin's Point Dam and on the waters of the
Missouri River.
(d) Map.--
(1) In general.--The Secretary, in consultation with the
Department, shall prepare a map of the land and recreation areas
transferred under this section.
(2) Land.--The map shall identify--
(A) land reasonably expected to be required for
project purposes during the 20-year period beginning on
the date of enactment of this Act; and
(B) dams and related structures;
which shall be retained by the Secretary.
(3) Availability.--The map shall be on file in the
appropriate offices of the Secretary.
(e) Schedule for Transfer.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Army and the
Secretary of the Department shall jointly develop a schedule for
transferring the land and recreation areas under this section.
(2) Transfer deadline.--All land and recreation areas shall
be transferred not later than 1 year after the full
capitalization of the Trust Fund described in section 803.
(f) Transfer Conditions.--The land and recreation areas described in
subsections (b) and (c) shall be transferred in fee title to the
Department on the following conditions:
(1) Responsibility for damage.--The Secretary shall not be
responsible for any damage to the land caused by flooding,
sloughing, erosion, or other changes to the land caused by the
operation of any project of the Pick-Sloan Missouri River Basin
program (except as otherwise provided by Federal law).
[[Page 112 STAT. 2681-667]]
(2) Easements, rights-of-way, leases, and cost-sharing
agreements.--The Department shall maintain all easements,
rights-of-way, leases, and cost-sharing agreements that are in
effect as of the date of the transfer.
(g) Hunting and Fishing.--
(1) In general.--Nothing in this title affects jurisdiction
over the land and water below the exclusive flood pool of the
Missouri River within the State of South Dakota, including
affected Indian reservations. The State of South Dakota, the
Lower Brule Sioux Tribe, and the Cheyenne River Sioux Tribe
shall continue in perpetuity to exercise the jurisdiction the
State and Tribes possess on the date of enactment of this Act.
(2) No effect on respective jurisdictions.--The Secretary
may not adopt any regulation or otherwise affect the respective
jurisdictions of the State of South Dakota, the Lower Brule
River Sioux Tribe, or the Cheyenne River Sioux Tribe described
in paragraph (1).
(h) Applicability of Law.--Notwithstanding any other provision of
this Act, the following provisions of law shall apply to land
transferred under this section:
(1) The National Historic Preservation Act (16 U.S.C. 470 et
seq.), including sections 106 and 304 of that Act (16 U.S.C.
470f, 470w-3).
(2) The Archaeological Resources Protection Act of 1979 (16
U.S.C. 470aa et seq.), including sections 4, 6, 7, and 9 of that
Act (16 U.S.C. 470cc, 470ee, 470ff, 470hh).
(3) The Native American Graves Protection Act and
Repatriation Act (25 U.S.C. 3001 et seq.), including subsections
(a) and (d) of section 3 of that Act (25 U.S.C. 3003).
SEC. 606. TRANSFER OF CORPS OF ENGINEERS LAND FOR INDIAN TRIBES.
(a) In General.--
(1) Transfer.--The Secretary of the Army shall transfer to
the Secretary of the Interior the land and recreation areas
described in subsections (b) and (c).
(2) Corps of engineers.--The transfer shall not interfere
with the Corps of Engineers operation of a project under this
section for an authorized purpose of the project under the Act
of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701-1
et seq.), or other applicable law.
(3) Secretary of the army.--The Secretary of the Army shall
retain the right to inundate with water the land transferred to
the Secretary of the Interior under this section or draw down a
project reservoir, as necessary to carry out an authorized
purpose of a project.
(4) Trust.--The Secretary of the Interior shall hold in
trust for the Cheyenne River Sioux Tribe and the Lower Brule
Sioux Tribe the land transferred under this section that is
located within the external boundaries of the reservation of the
Indian Tribes.
(b) Land Transferred.--The land described in this subsection is land
that--
(1) is located above the top of the exclusive flood pool of
the Big Bend and Oahe projects of the Pick-Sloan Missouri River
Basin program;
[[Page 112 STAT. 2681-668]]
(2) was acquired by the Secretary of the Army for the
implementation of the Pick-Sloan Missouri River Basin program;
and
(3) is located within the external boundaries of the
reservation of the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe.
(c) Recreation Areas Transferred.--A recreation area described in
this section includes the land and waters within a recreation area
that--
(1) the Secretary determines, at the time of the transfer,
is a recreation area classified for recreation use by the Corps
of Engineers on the date of enactment of this Act;
(2) is located within the external boundaries of a
reservation of an Indian Tribe; and
(3) is located within the State of South Dakota.
(d) Map.--
(1) In general.--The Secretary, in consultation with the
governing bodies of the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe, shall prepare a map of the land transferred
under this section.
(2) Land.--The map shall identify--
(A) land reasonably expected to be required for
project purposes during the 20-year period beginning on
the date of enactment of this Act; and
(B) dams and related structures;
which shall be retained by the Secretary.
(3) Availability.--The map shall be on file in the
appropriate offices of the Secretary.
(e) Schedule for Transfer.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Chairmen of the
Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe shall
jointly develop a schedule for transferring the land and
recreation areas under this section.
(2) Transfer deadline.--All land and recreation areas shall
be transferred not later than 1 year after the full
capitalization of the State and tribal Trust Fund described in
section 804.
(f) Transfer Conditions.--The land and recreation areas described in
subsections (b) and (c) shall be transferred to, and held in trust by,
the Secretary of the Interior on the following conditions:
(1) Responsibility for damage.--The Secretary shall not be
responsible for any damage to the land caused by flooding,
sloughing, erosion, or other changes to the land caused by the
operation of any project of the Pick-Sloan Missouri River Basin
program (except as otherwise provided by Federal law).
(2) Hunting and fishing.--Nothing in this title affects
jurisdiction over the land and waters below the exclusive flood
pool and within the external boundaries of the Cheyenne River
Sioux Tribe and Lower Brule Sioux Tribe reservations. The State
of South Dakota, the Lower Brule Sioux Tribe, and the Cheyenne
River Sioux Tribe shall continue to exercise, in perpetuity, the
jurisdiction they possess on the date of enactment of this Act
with regard to those lands and waters. The Secretary may not
adopt any regulation or otherwise affect the respective
jurisdictions of the State of South Dakota, the
[[Page 112 STAT. 2681-669]]
Lower Brule River Sioux Tribe, or the Cheyenne River Sioux Tribe
described in the preceding sentence. Jurisdiction over the land
transferred under this section shall be the same as that over
other land held in trust by the Secretary of the Interior on the
Cheyenne River Sioux Tribe reservation and the Lower Brule Sioux
Tribe reservation.
(3) Easements, rights-of-way, leases, and cost-sharing
agreements.--
(A) Maintenance.--The Secretary of the Interior
shall maintain all easements, rights-of-way, leases, and
cost-sharing agreements that are in effect as of the
date of the transfer.
(B) Payments to county.--The Secretary of the
Interior shall pay any affected county 100 percent of
the receipts from the easements, rights-of-way, leases,
and cost-sharing agreements described in subparagraph
(A).
SEC. 607. ADMINISTRATION.
(a) In General.--Nothing in this title diminishes or affects--
(1) any water right of an Indian Tribe;
(2) any other right of an Indian Tribe, except as
specifically provided in another provision of this title;
(3) any treaty right that is in effect on the date of
enactment of this Act;
(4) any external boundary of an Indian reservation of an
Indian Tribe;
(5) any authority of the State of South Dakota that relates
to the protection, regulation, or management of fish,
terrestrial wildlife, and cultural and archaeological resources,
except as specifically provided in this title; or
(6) any authority of the Secretary, the Secretary of the
Interior, or the head of any other Federal agency under a law in
effect on the date of enactment of this Act, including--
(A) the National Historic Preservation Act (16
U.S.C. 470 et seq.);
(B) the Archaeological Resources Protection Act of
1979 (16 U.S.C. 470aa et seq.);
(C) the Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.);
(D) the Act entitled ``An Act for the protection of
the bald eagle'', approved June 8, 1940 (16 U.S.C. 668
et seq.);
(E) the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.);
(F) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(G) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.);
(H) the Federal Water Pollution Control Act
(commonly known as the ``Clean Water Act'') (33 U.S.C.
1251 et seq.);
(I) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.); and
(J) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(b) Federal Liability for Damage.--Nothing in this title relieves
the Federal Government of liability for damage to private land caused by
the operation of the Pick-Sloan Missouri River Basin program.
[[Page 112 STAT. 2681-670]]
(c) Flood Control.--Notwithstanding any other provision of this
title, the Secretary shall retain the authority to operate the Pick-
Sloan Missouri River Basin program for purposes of meeting the
requirements of the Act of December 22, 1944 (58 Stat. 887, chapter 665;
33 U.S.C. 701-1 et seq.).
SEC. 608. STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall arrange for the United States
Geological Survey, in consultation with the Bureau of Indian Affairs and
other appropriate Federal agencies, to conduct a comprehensive study of
the potential impacts of the transfer of land under sections 805(b) and
806(b), including potential impacts on South Dakota Sioux Tribes having
water claims within the Missouri River Basin, on water flows in the
Missouri River.
(b) No Transfer Pending Determination.--No transfer of land under
section 805(b) or 806(b) shall occur until the Secretary determines,
based on the study, that the transfer of land under either section will
not significantly reduce the amount of water flow to the downstream
States of the Missouri River.
SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
(a) Secretary.--There are authorized to be appropriated to the
Secretary such sums as are necessary--
(1) to pay the administrative expenses incurred by the
Secretary in carrying out this title; and
(2) to fund the implementation of terrestrial wildlife
habitat restoration plans under section 802(a) and other
activities under sections 803(d)(3) and 804(d)(3).
(b) Secretary of the Interior.--There are authorized to be
appropriated to the Secretary of the Interior such sums as are necessary
to pay the administrative expenses incurred by the Secretary of the
Interior in carrying out this title.
TITLE <> VII--OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION
SEC. <> 701. SHORT TITLE.
This title may be cited as the ``Office of National Drug Control
Policy Reauthorization Act of 1998''.
SEC. <> 702. DEFINITIONS.
In this title:
(1) Demand reduction.--The term ``demand reduction'' means
any activity conducted by a National Drug Control Program
agency, other than an enforcement activity, that is intended to
reduce the use of drugs, including--
(A) drug abuse education;
(B) drug abuse prevention;
(C) drug abuse treatment;
(D) drug abuse research;
(E) drug abuse rehabilitation;
(F) drug-free workplace programs; and
(G) drug testing.
(2) Director.--The term ``Director'' means the Director of
National Drug Control Policy.
[[Page 112 STAT. 2681-671]]
(3) Drug.--The term ``drug'' has the meaning given the term
``controlled substance'' in section 102(6) of the Controlled
Substances Act (21 U.S.C. 802(6)).
(4) Drug control.--The term ``drug control'' means any
activity conducted by a National Drug Control Program agency
involving supply reduction or demand reduction.
(5) Fund.--The term ``Fund'' means the fund established
under section 703(d).
(6) National drug control program.--The term ``National Drug
Control Program'' means programs, policies, and activities
undertaken by National Drug Control Program agencies pursuant to
the responsibilities of such agencies under the National Drug
Control Strategy.
(7) National drug control program agency.--The term
``National Drug Control Program agency'' means any agency that
is responsible for implementing any aspect of the National Drug
Control Strategy, including any agency that receives Federal
funds to implement any aspect of the National Drug Control
Strategy, but does not include any agency that receives funds
for drug control activity solely under the National Foreign
Intelligence Program, the Joint Military Intelligence Program or
Tactical Intelligence and Related Activities, unless such agency
has been designated--
(A) by the President; or
(B) jointly by the Director and the head of the
agency.
(8) National drug control strategy.--The term ``National
Drug Control Strategy'' means the strategy developed and
submitted to Congress under section 706.
(9) Office.--Unless the context clearly implicates
otherwise, the term ``Office'' means the Office of National Drug
Control Policy established under section 703(a).
(10) State and local affairs.--The term ``State and local
affairs'' means domestic activities conducted by a National Drug
Control Program agency that are intended to reduce the
availability and use of drugs, including--
(A) coordination and facilitation of Federal, State,
and local law enforcement drug control efforts;
(B) promotion of coordination and cooperation among
the drug supply reduction and demand reduction agencies
of the various States, territories, and units of local
government; and
(C) such other cooperative governmental activities
which promote a comprehensive approach to drug control
at the national, State, territory, and local levels.
(11) Supply reduction.--The term ``supply reduction'' means
any activity of a program conducted by a National Drug Control
Program agency that is intended to reduce the availability or
use of drugs in the United States and abroad, including--
(A) international drug control;
(B) foreign and domestic drug intelligence;
(C) interdiction; and
(D) domestic drug law enforcement, including law
enforcement directed at drug users.
[[Page 112 STAT. 2681-672]]
SEC. 703. <> OFFICE OF NATIONAL DRUG CONTROL POLICY.
(a) Establishment of Office.--There is established in the Executive
Office of the President an Office of National Drug Control Policy, which
shall--
(1) develop national drug control policy;
(2) coordinate and oversee the implementation of that
national drug control policy;
(3) assess and certify the adequacy of national drug control
programs and the budget for those programs; and
(4) evaluate the effectiveness of the national drug control
programs.
(b) Director and Deputy Directors.--
(1) Director.--There shall be at the head of the Office a
Director of National Drug Control Policy.
(2) Deputy director of national drug control policy.--There
shall be in the Office a Deputy Director of National Drug
Control Policy, who shall assist the Director in carrying out
the responsibilities of the Director under this title.
(3) Other deputy directors.--There shall be in the Office--
(A) a Deputy Director for Demand Reduction, who
shall be responsible for the activities described in
subparagraphs (A) through (G) of section 702(1);
(B) a Deputy Director for Supply Reduction, who
shall be responsible for the activities described in
subparagraphs (A) through (C) of section 702(11); and
(C) a Deputy Director for State and Local Affairs,
who shall be responsible for the activities described in
subparagraphs (A) through (C) of section 702(10) and
subparagraph (D) of section 702(11).
(c) Access by Congress.--The location of the Office in the Executive
Office of the President shall not be construed as affecting access by
Congress, or any committee of the House of Representatives or the
Senate, to any--
(1) information, document, or study in the possession of, or
conducted by or at the direction of the Director; or
(2) personnel of the Office.
(d) Office of National Drug Control Policy Gift Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund for the receipt of gifts, both real and
personal, for the purpose of aiding or facilitating the work of
the Office under section 704(c).
(2) Contributions.--The Office may accept, hold, and
administer contributions to the Fund.
(3) Use of amounts deposited.--Amounts deposited in the Fund
are authorized to be appropriated, to remain available until
expended for authorized purposes at the discretion of the
Director.
SEC. 704. <> APPOINTMENT AND DUTIES OF DIRECTOR AND
DEPUTY DIRECTORS.
(a) Appointment.--
(1) In general.--The Director, the Deputy Director of
National Drug Control Policy, the Deputy Director for Demand
Reduction, the Deputy Director for Supply Reduction, and the
Deputy Director for State and Local Affairs, shall each be
appointed by the President, by and with the advice and consent
[[Page 112 STAT. 2681-673]]
of the Senate, and shall serve at the pleasure of the President.
In appointing the Deputy Director for Demand Reduction under
this paragraph, the President shall take into consideration the
scientific, educational or professional background of the
individual, and whether the individual has experience in the
fields of substance abuse prevention, education, or treatment.
(2) Duties of deputy director of national drug control
policy.--The Deputy Director of National Drug Control Policy
shall--
(A) carry out the duties and powers prescribed by
the Director; and
(B) serve as the Director in the absence of the
Director or during any period in which the office of the
Director is vacant.
(3) Designation of other officers.--In the absence of the
Deputy Director, or if the Office of the Deputy Director is
vacant, the Director shall designate such other permanent
employee of the Office to serve as the Director, if the Director
is absent or unable to serve.
(4) Prohibition.--No person shall serve as Director or a
Deputy Director while serving in any other position in the
Federal Government.
(5) Prohibition on political campaigning.--Any officer or
employee of the Office who is appointed to that position by the
President, by and with the advice and consent of the Senate, may
not participate in Federal election campaign activities, except
that such official is not prohibited by this paragraph from
making contributions to individual candidates.
(b) Responsibilities.--The Director--
(1) shall assist the President in the establishment of
policies, goals, objectives, and priorities for the National
Drug Control Program;
(2) shall promulgate the National Drug Control Strategy
under section 706(a) and each report under section 706(b) in
accordance with section 706;
(3) shall coordinate and oversee the implementation by the
National Drug Control Program agencies of the policies, goals,
objectives, and priorities established under paragraph (1) and
the fulfillment of the responsibilities of such agencies under
the National Drug Control Strategy and make recommendations to
National Drug Control Program agency heads with respect to
implementation of Federal counter-drug programs;
(4) shall make such recommendations to the President as the
Director determines are appropriate regarding changes in the
organization, management, and budgets of Federal departments and
agencies engaged in drug enforcement, and changes in the
allocation of personnel to and within those departments and
agencies, to implement the policies, goals, priorities, and
objectives established under paragraph (1) and the National Drug
Control Strategy;
(5) shall consult with and assist State and local
governments with respect to the formulation and implementation
of National Drug Control Policy and their relations with the
National Drug Control Program agencies;
[[Page 112 STAT. 2681-674]]
(6) shall appear before duly constituted committees and
subcommittees of the House of Representatives and of the Senate
to represent the drug policies of the executive branch;
(7) shall notify any National Drug Control Program agency if
its policies are not in compliance with the responsibilities of
the agency under the National Drug Control Strategy, transmit a
copy of each such notification to the President, and maintain a
copy of each such notification;
(8) shall provide, by July 1 of each year, budget
recommendations, including requests for specific initiatives
that are consistent with the priorities of the President under
the National Drug Control Strategy, to the heads of departments
and agencies with responsibilities under the National Drug
Control Program, which recommendations shall--
(A) apply to the next budget year scheduled for
formulation under the Budget and Accounting Act of 1921,
and each of the 4 subsequent fiscal years; and
(B) address funding priorities developed in the
National Drug Control Strategy;
(9) may serve as representative of the President in
appearing before Congress on all issues relating to the National
Drug Control Program;
(10) shall, in any matter affecting national security
interests, work in conjunction with the Assistant to the
President for National Security Affairs;
(11) may serve as spokesperson of the Administration on drug
issues;
(12) shall ensure that no Federal funds appropriated to the
Office of National Drug Control Policy shall be expended for any
study or contract relating to the legalization (for a medical
use or any other use) of a substance listed in schedule I of
section 202 of the Controlled Substances Act (21 U.S.C. 812) and
take such actions as necessary to oppose any attempt to legalize
the use of a substance (in any form) that--
(A) is listed in schedule I of section 202 of the
Controlled Substances Act (21 U.S.C. 812); and
(B) has not been approved for use for medical
purposes by the Food and Drug Administration;
(13) shall require each National Drug Control Program agency
to submit to the Director on an annual basis (beginning in 1999)
an evaluation of progress by the agency with respect to drug
control program goals using the performance measures for the
agency developed under section 706(c), including progress with
respect to--
(A) success in reducing domestic and foreign sources
of illegal drugs;
(B) success in protecting the borders of the United
States (and in particular the Southwestern border of the
United States) from penetration by illegal narcotics;
(C) success in reducing violent crime associated
with drug use in the United States;
(D) success in reducing the negative health and
social consequences of drug use in the United States;
and
(E) implementation of drug treatment and prevention
programs in the United States and improvements in the
adequacy and effectiveness of such programs;
[[Page 112 STAT. 2681-675]]
(14) shall submit to the Appropriations committees and the
authorizing committees of jurisdiction of the House of
Representatives and the Senate on an annual basis, not later
than 60 days after the date of the last day of the applicable
period, a summary of--
(A) each of the evaluations received by the Director
under paragraph (13); and
(B) the progress of each National Drug Control
Program agency toward the drug control program goals of
the agency using the performance measures for the agency
developed under section 706(c); and
(15) shall ensure that drug prevention and drug treatment
research and information is effectively disseminated by National
Drug Control Program agencies to State and local governments and
nongovernmental entities involved in demand reduction by--
(A) encouraging formal consultation between any such
agency that conducts or sponsors research, and any such
agency that disseminates information in developing
research and information product development agendas;
(B) encouraging such agencies (as appropriate) to
develop and implement dissemination plans that
specifically target State and local governments and
nongovernmental entities involved in demand reduction;
and
(C) developing a single interagency clearinghouse
for the dissemination of research and information by
such agencies to State and local governments and
nongovernmental agencies involved in demand reduction.
(c) National Drug Control Program Budget.--
(1) Responsibilities of national drug control program
agencies.--
(A) In general.--For each fiscal year, the head of
each department, agency, or program of the Federal
Government with responsibilities under the National Drug
Control Program Strategy shall transmit to the Director
a copy of the proposed drug control budget request of
the department, agency, or program at the same time as
that budget request is submitted to their superiors (and
before submission to the Office of Management and
Budget) in the preparation of the budget of the
President submitted to Congress under section 1105(a) of
title 31, United States Code.
(B) Submission of drug control budget requests.--The
head of each National Drug Control Program agency shall
ensure timely development and submission to the Director
of each proposed drug control budget request transmitted
pursuant to this paragraph, in such format as may be
designated by the Director with the concurrence of the
Director of the Office of Management and Budget.
(2) National drug control program budget proposal.--For each
fiscal year, following the transmission of proposed drug control
budget requests to the Director under paragraph (1), the
Director shall, in consultation with the head of each National
Drug Control Program agency--
(A) develop a consolidated National Drug Control
Program budget proposal designed to implement the
National Drug Control Strategy;
[[Page 112 STAT. 2681-676]]
(B) submit the consolidated budget proposal to the
President; and
(C) after submission under subparagraph (B), submit
the consolidated budget proposal to Congress.
(3) Review and certification of budget requests and budget
submissions of national drug control program agencies.--
(A) In general.--The Director shall review each drug
control budget request submitted to the Director under
paragraph (1).
(B) Review of budget requests.--
(i) Inadequate requests.--If the Director
concludes that a budget request submitted under
paragraph (1) is inadequate, in whole or in part,
to implement the objectives of the National Drug
Control Strategy with respect to the department,
agency, or program at issue for the year for which
the request is submitted, the Director shall
submit to the head of the applicable National Drug
Control Program agency a written description of
funding levels and specific initiatives that
would, in the determination of the Director, make
the request adequate to implement those
objectives.
(ii) Adequate requests.--If the Director
concludes that a budget request submitted under
paragraph (1) is adequate to implement the
objectives of the National Drug Control Strategy
with respect to the department, agency, or program
at issue for the year for which the request is
submitted, the Director shall submit to the head
of the applicable National Drug Control Program
agency a written statement confirming the adequacy
of the request.
(iii) Record.--The Director shall maintain a
record of each description submitted under clause
(i) and each statement submitted under clause
(ii).
(C) Agency response.--
(i) In general.--The head of a National Drug
Control Program agency that receives a description
under subparagraph (B)(i) shall include the
funding levels and initiatives described by the
Director in the budget submission for that agency
to the Office of Management and Budget.
(ii) Impact statement.--The head of a National
Drug Control Program agency that has altered its
budget submission under this subparagraph shall
include as an appendix to the budget submission
for that agency to the Office of Management and
Budget an impact statement that summarizes--
(I) the changes made to the budget
under this subparagraph; and
(II) the impact of those changes on
the ability of that agency to perform
its other responsibilities, including
any impact on specific missions or
programs of the agency.
(iii) Congressional notification.--The head of
a National Drug Control Program agency shall
submit a copy of any impact statement under clause
(ii) to the Senate and the House of
Representatives at the
[[Page 112 STAT. 2681-677]]
time the budget for that agency is submitted to
Congress under section 1105(a) of title 31, United
States Code.
(D) Certification of budget submissions.--
(i) In general.--At the time a National Drug
Control Program agency submits its budget request
to the Office of Management and Budget, the head
of the National Drug Control Program agency shall
submit a copy of the budget request to the
Director.
(ii) Certification.--The Director--
(I) shall review each budget
submission submitted under clause (i);
and
(II) based on the review under
subclause (I), if the Director concludes
that the budget submission of a National
Drug Control Program agency does not
include the funding levels and
initiatives described under subparagraph
(B)--
(aa) may issue a written
decertification of that agency's
budget; and
(bb) in the case of a
decertification issued under
item (aa), shall submit to the
Senate and the House of
Representatives a copy of--
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(4) Reprogramming and transfer requests.--
(A) In general.--No National Drug Control Program
agency shall submit to Congress a reprogramming or
transfer request with respect to any amount of
appropriated funds in an amount exceeding $5,000,000
that is included in the National Drug Control Program
budget unless the request has been approved by the
Director.
(B) Appeal.--The head of any National Drug Control
Program agency may appeal to the President any
disapproval by the Director of a reprogramming or
transfer request under this paragraph.
(d) Powers of the Director.--In carrying out subsection (b), the
Director may--
(1) select, appoint, employ, and fix compensation of such
officers and employees of the Office as may be necessary to
carry out the functions of the Office under this title;
(2) subject to subsection (e)(3), request the head of a
department or agency, or program of the Federal Government to
place department, agency, or program personnel who are engaged
in drug control activities on temporary detail to another
department, agency, or program in order to implement the
National Drug Control Strategy, and the head of the department
or agency shall comply with such a request;
(3) use for administrative purposes, on a reimbursable
basis, the available services, equipment, personnel, and
facilities of Federal, State, and local agencies;
(4) procure the services of experts and consultants in
accordance with section 3109 of title 5, United States Code,
relating to appointments in the Federal Service, at rates of
[[Page 112 STAT. 2681-678]]
compensation for individuals not to exceed the daily equivalent
of the rate of pay payable under level IV of the Executive
Schedule under section 5311 of title 5, United States Code;
(5) accept and use gifts and donations of property from
Federal, State, and local government agencies, and from the
private sector, as authorized in section 703(d);
(6) use the mails in the same manner as any other department
or agency of the executive branch;
(7) monitor implementation of the National Drug Control
Program, including--
(A) conducting program and performance audits and
evaluations; and
(B) requesting assistance from the Inspector General
of the relevant agency in such audits and evaluations;
(8) transfer funds made available to a National Drug Control
Program agency for National Drug Control Strategy programs and
activities to another account within such agency or to another
National Drug Control Program agency for National Drug Control
Strategy programs and activities, except that--
(A) the authority under this paragraph may be
limited in an annual appropriations Act or other
provision of Federal law;
(B) the Director may exercise the authority under
this paragraph only with the concurrence of the head of
each affected agency;
(C) in the case of an interagency transfer, the
total amount of transfers under this paragraph may not
exceed 3 percent of the total amount of funds made
available for National Drug Control Strategy programs
and activities to the agency from which those funds are
to be transferred;
(D) funds transferred to an agency under this
paragraph may only be used to increase the funding for
programs or activities have been authorized by Congress;
and
(E) the Director shall--
(i) submit to Congress, including to the
Committees on Appropriations of the Senate and the
House of Representatives, the authorizing
committees for the Office, and any other
applicable committees of jurisdiction, a
reprogramming or transfer request in advance of
any transfer under this paragraph in accordance
with the regulations of the affected agency or
agencies; and
(ii) <> annually submit to
Congress a report describing the effect of all
transfers of funds made pursuant to this paragraph
or subsection (c)(4) during the 12-month period
preceding the date on which the report is
submitted;
(9) issue to the head of a National Drug Control Program
agency a fund control notice described in subsection (f) to
ensure compliance with the National Drug Control Program
Strategy; and
(10) participate in the drug certification process pursuant
to section 490 of the Foreign Assistance Act of 1961 (22 U.S.C.
2291j).
(e) Personnel Detailed to Office.--
[[Page 112 STAT. 2681-679]]
(1) Evaluations.--Notwithstanding any provision of chapter
43 of title 5, United States Code, the Director shall perform
the evaluation of the performance of any employee detailed to
the Office for purposes of the applicable performance appraisal
system established under such chapter for any rating period, or
part thereof, that such employee is detailed to such office.
(2) Compensation.--
(A) Bonus payments.--Notwithstanding any other
provision of law, the Director may provide periodic
bonus payments to any employee detailed to the Office.
(B) Restrictions.--An amount paid under this
paragraph to an employee for any period--
(i) shall not be greater than 20 percent of
the basic pay paid or payable to such employee for
such period; and
(ii) shall be in addition to the basic pay of
such employee.
(C) Aggregate amount.--The aggregate amount paid
during any fiscal year to an employee detailed to the
Office as basic pay, awards, bonuses, and other
compensation shall not exceed the annual rate payable at
the end of such fiscal year for positions at level III
of the Executive Schedule.
(3) Maximum number of detailees.--The maximum number of
personnel who may be detailed to another department or agency
(including the Office) under subsection (d)(2) during any fiscal
year is--
(A) for the Department of Defense, 50; and
(B) for any other department or agency, 10.
(f) Fund Control Notices.--
(1) In general.--A fund control notice may direct that all
or part of an amount appropriated to the National Drug Control
Program agency account be obligated by--
(A) months, fiscal year quarters, or other time
periods; and
(B) activities, functions, projects, or object
classes.
(2) Unauthorized obligation or expenditure prohibited.--An
officer or employee of a National Drug Control Program agency
shall not make or authorize an expenditure or obligation
contrary to a fund control notice issued by the Director.
(3) Disciplinary action for violation.--In the case of a
violation of paragraph (2) by an officer or employee of a
National Drug Control Program agency, the head of the agency,
upon the request of and in consultation with the Director, may
subject the officer or employee to appropriate administrative
discipline, including, when circumstances warrant, suspension
from duty without pay or removal from office.
(g) Inapplicability to Certain Programs.--The provisions of this
section shall not apply to the National Foreign Intelligence Program,
the Joint Military Intelligence Program and Tactical Intelligence and
Related Activities unless the agency that carries out such program is
designated as a National Drug Control Program agency by the President or
jointly by the Director and the head of the agency.
[[Page 112 STAT. 2681-680]]
(h) Construction.--Nothing in this Act shall be construed as
derogating the authorities and responsibilities of the Director of
Central Intelligence contained in sections 104 and 504 of the National
Security Act of 1947 or any other law.
SEC. 705. <> COORDINATION WITH NATIONAL DRUG CONTROL
PROGRAM AGENCIES IN DEMAND REDUCTION, SUPPLY REDUCTION, AND
STATE AND LOCAL AFFAIRS.
(a) Access to Information.--
(1) In general.--Upon the request of the Director, the head
of any National Drug Control Program agency shall cooperate with
and provide to the Director any statistics, studies, reports,
and other information prepared or collected by the agency
concerning the responsibilities of the agency under the National
Drug Control Strategy that relate to--
(A) drug abuse control; or
(B) the manner in which amounts made available to
that agency for drug control are being used by that
agency.
(2) Protection of intelligence information.--
(A) In general.--The authorities conferred on the
Office and the Director by this title shall be exercised
in a manner consistent with provisions of the National
Security Act of 1947 (50 U.S.C. 401 et
seq.). <> The Director of Central
Intelligence shall prescribe such regulations as may be
necessary to protect information provided pursuant to
this title regarding intelligence sources and methods.
(B) Duties of director.--The Director of Central
Intelligence shall, to the maximum extent practicable in
accordance with subparagraph (A), render full assistance
and support to the Office and the Director.
(3) Illegal drug cultivation.--The Secretary of Agriculture
shall annually submit to the Director an assessment of the
acreage of illegal drug cultivation in the United States.
(b) Certification of Policy Changes to Director.--
(1) In general.--Subject to paragraph (2), the head of a
National Drug Control Program agency shall, unless exigent
circumstances require otherwise, notify the Director in writing
regarding any proposed change in policies relating to the
activities of that agency under the National Drug Control
Program prior to implementation of such change. The Director
shall promptly review such proposed change and certify to the
head of that agency in writing whether such change is consistent
with the National Drug Control Strategy.
(2) Exception.--If prior notice of a proposed change under
paragraph (1) is not practicable--
(A) <> the head of the National
Drug Control Program agency shall notify the Director of
the proposed change as soon as practicable; and
(B) upon such notification, the Director shall
review the change and certify to the head of that agency
in writing whether the change is consistent with the
National Drug Control Program.
(c) General Services Administration.--The Administrator of General
Services shall provide to the Director, in a reimbursable basis, such
administrative support services as the Director may request.
(d) Accounting of Funds Expended.--The Director shall--
[[Page 112 STAT. 2681-681]]
(A) require the National Drug Control Program agencies to
submit to the Director not later than February 1 of each year a
detailed accounting of all funds expended by the agencies for
National Drug Control Program activities during the previous
fiscal year, and require such accounting to be authenticated by
the Inspector General for each agency prior to submission to the
Director; and
(B) submit to Congress not later than April 1 of each year
the information submitted to the Director under subparagraph
(A).
SEC. 706. <> DEVELOPMENT, SUBMISSION,
IMPLEMENTATION, AND ASSESSMENT OF NATIONAL DRUG CONTROL
STRATEGY.
(a) Timing, Contents, and Process for Development and Submission of
National Drug Control Strategy.--
(1) Timing.--Not later than February 1, 1999, the President
shall submit to Congress a National Drug Control Strategy, which
shall set forth a comprehensive plan, covering a period of not
more than 5 years, for reducing drug abuse and the consequences
of drug abuse in the United States, by limiting the availability
of and reducing the demand for illegal drugs.
(2) Contents.--
(A) In general.--The National Drug Control Strategy
submitted under paragraph (1) shall include--
(i) comprehensive, research-based, long-range,
quantifiable, goals for reducing drug abuse and
the consequences of drug abuse in the United
States;
(ii) annual, quantifiable, and measurable
objectives and specific targets to accomplish
long-term quantifiable goals that the Director
determines may be achieved during each year of the
period beginning on the date on which the National
Drug Control Strategy is submitted;
(iii) 5-year projections for program and
budget priorities; and
(iv) a review of international, State, local,
and private sector drug control activities to
ensure that the United States pursues well-
coordinated and effective drug control at all
levels of government.
(B) Classified information.--Any contents of the
National Drug Control Strategy that involves information
properly classified under criteria established by an
Executive order shall be presented to Congress
separately from the rest of the National Drug Control
Strategy.
(3) Process for development and submission.--
(A) Consultation.--In developing and effectively
implementing the National Drug Control Strategy, the
Director--
(i) shall consult with--
(I) the heads of the National Drug
Control Program agencies;
(II) Congress;
(III) State and local officials;
(IV) private citizens and
organizations with experience and
expertise in demand reduction;
(V) private citizens and
organizations with experience and
expertise in supply reduction; and
[[Page 112 STAT. 2681-682]]
(VI) appropriate representatives of
foreign governments;
(ii) with the concurrence of the Attorney
General, may require the El Paso Intelligence
Center to undertake specific tasks or projects to
implement the National Drug Control Strategy; and
(iii) with the concurrence of the Director of
Central Intelligence and the Attorney General, may
request that the National Drug Intelligence Center
undertake specific tasks or projects to implement
the National Drug Control Strategy.
(B) Inclusion in strategy.--The National Drug
Control Strategy under this subsection, and each report
submitted under subsection (b), shall include a list of
each entity consulted under subparagraph (A)(i).
(4) Specific targets.--The targets in the National Drug
Control Strategy shall include the following:
(A) Reduction of unlawful drug use to 3 percent of
the population of the United States or less by December
31, 2003 (as measured in terms of overall illicit drug
use during the past 30 days by the National Household
Survey), and achievement of at least 20 percent of such
reduction during each of 1999, 2000, 2001, 2002, and
2003.
(B) Reduction of adolescent unlawful drug use (as
measured in terms of illicit drug use during the past 30
days by the Monitoring the Future Survey of the
University of Michigan or the National PRIDE Survey
conducted by the National Parents' Resource Institute
for Drug Education) to 3 percent of the adolescent
population of the United States or less by December 31,
2003, and achievement of at least 20 percent of such
reduction during each of 1999, 2000, 2001, 2002, and
2003.
(C) Reduction of the availability of cocaine,
heroin, marijuana, and methamphetamine in the United
States by 80 percent by December 31, 2003.
(D) Reduction of the respective nationwide average
street purity levels for cocaine, heroin, marijuana, and
methamphetamine (as estimated by the interagency drug
flows assessment led by the Office of National Drug
Control Policy, and based on statistics collected by the
Drug Enforcement Administration and other National Drug
Control Program agencies identified as relevant by the
Director) by 60 percent by December 31, 2003, and
achievement of at least 20 percent of each such
reduction during each of 1999, 2000, 2001, 2002, and
2003.
(E) Reduction of drug-related crime in the United
States by 50 percent by December 31, 2003, and
achievement of at least 20 percent of such reduction
during each of 1999, 2000, 2001, 2002, and 2003,
including--
(i) reduction of State and Federal unlawful
drug trafficking and distribution;
(ii) reduction of State and Federal crimes
committed by persons under the influence of
unlawful drugs;
(iii) reduction of State and Federal crimes
committed for the purpose of obtaining unlawful
drugs or obtaining property that is intended to be
used for the purchase of unlawful drugs; and
[[Page 112 STAT. 2681-683]]
(iv) reduction of drug-related emergency room
incidents in the United States (as measured by
data of the Drug Abuse Warning Network on illicit
drug abuse), including incidents involving gunshot
wounds and automobile accidents in which illicit
drugs are identified in the bloodstream of the
victim, by 50 percent by December 31, 2003.
(5) Further reductions in drug use, availability, and
crime.--Following the submission of a National Drug Control
Strategy under this section to achieve the specific targets
described in paragraph (4), the Director may formulate a
strategy for additional reductions in drug use and availability
and drug-related crime beyond the 5-year period covered by the
National Drug Control Strategy that has been submitted.
(b) Annual Strategy Report.--
(1) In general.--Not later than February 1, 1999, and on
February 1 of each year thereafter, the President shall submit
to Congress a report on the progress in implementing the
Strategy under subsection (a), which shall include--
(A) an assessment of the Federal effectiveness in
achieving the National Drug Control Strategy goals and
objectives using the performance measurement system
described in subsection (c), including--
(i) an assessment of drug use and availability
in the United States; and
(ii) an estimate of the effectiveness of
interdiction, treatment, prevention, law
enforcement, and international programs under the
National Drug Control Strategy in effect during
the preceding year, or in effect as of the date on
which the report is submitted;
(B) any modifications of the National Drug Control
Strategy or the performance measurement system described
in subsection (c);
(C) an assessment of the manner in which the budget
proposal submitted under section 704(c) is intended to
implement the National Drug Control Strategy and whether
the funding levels contained in such proposal are
sufficient to implement such Strategy;
(D) measurable data evaluating the success or
failure in achieving the annual measurable objectives
described in subsection (a)(2)(A)(ii);
(E) an assessment of current drug use (including
inhalants) and availability, impact of drug use, and
treatment availability, which assessment shall include--
(i) estimates of drug prevalence and frequency
of use as measured by national, State, and local
surveys of illicit drug use and by other special
studies of--
(I) casual and chronic drug use;
(II) high-risk populations,
including school dropouts, the homeless
and transient, arrestees, parolees,
probationers, and juvenile delinquents;
and
(III) drug use in the workplace and
the productivity lost by such use;
(ii) an assessment of the reduction of drug
availability against an ascertained baseline, as
measured by--
[[Page 112 STAT. 2681-684]]
(I) the quantities of cocaine,
heroin, marijuana, methamphetamine, and
other drugs available for consumption in
the United States;
(II) the amount of marijuana,
cocaine, heroin, and precursor chemicals
entering the United States;
(III) the number of hectares of
marijuana, poppy, and coca cultivated
and destroyed domestically and in other
countries;
(IV) the number of metric tons of
marijuana, heroin, cocaine, and
methamphetamine seized;
(V) the number of cocaine and
methamphetamine processing laboratories
destroyed domestically and in other
countries;
(VI) changes in the price and purity
of heroin and cocaine, changes in the
price of methamphetamine, and changes in
tetrahydrocannabinol level of marijuana;
(VII) the amount and type of
controlled substances diverted from
legitimate retail and wholesale sources;
and
(VIII) the effectiveness of Federal
technology programs at improving drug
detection capabilities in interdiction,
and at United States ports of entry;
(iii) an assessment of the reduction of the
consequences of drug use and availability, which
shall include estimation of--
(I) the burden drug users placed on
hospital emergency departments in the
United States, such as the quantity of
drug-related services provided;
(II) the annual national health care
costs of drug use, including costs
associated with people becoming infected
with the human immunodeficiency virus
and other infectious diseases as a
result of drug use;
(III) the extent of drug-related
crime and criminal activity; and
(IV) the contribution of drugs to
the underground economy, as measured by
the retail value of drugs sold in the
United States;
(iv) a determination of the status of drug
treatment in the United States, by assessing--
(I) public and private treatment
capacity within each State, including
information on the treatment capacity
available in relation to the capacity
actually used;
(II) the extent, within each State,
to which treatment is available;
(III) the number of drug users the
Director estimates could benefit from
treatment; and
(IV) the specific factors that
restrict the availability of treatment
services to those seeking it and
proposed administrative or legislative
remedies to make treatment available to
those individuals; and
[[Page 112 STAT. 2681-685]]
(v) a review of the research agenda of the
Counter-Drug Technology Assessment Center to
reduce the availability and abuse of drugs; and
(F) an assessment of private sector initiatives and
cooperative efforts between the Federal Government and
State and local governments for drug control.
(2) Submission of revised strategy.--The President may
submit to Congress a revised National Drug Control Strategy that
meets the requirements of this section--
(A) at any time, upon a determination by the
President, in consultation with the Director, that the
National Drug Control Strategy in effect is not
sufficiently effective; and
(B) if a new President or Director takes office.
(3) 1999 strategy report.--With respect to the Strategy
report required to be submitted by this subsection on February
1, 1999, the President shall prepare the report using such
information as is available for the period covered by the
report.
(c) Performance Measurement System.--
(1) Sense of congress.--It is the sense of Congress that--
(A) the targets described in subsection (a) are
important to the reduction of overall drug use in the
United States;
(B) the President should seek to achieve those
targets during the 5 years covered by the National Drug
Control Strategy required to be submitted under
subsection (a);
(C) the purpose of such targets and the annual
reports to Congress on the progress towards achieving
the targets is to allow for the annual restructuring of
appropriations by the Appropriations Committees and
authorizing committees of jurisdiction of Congress to
meet the goals described in this Act;
(D) the performance measurement system developed by
the Director described in this subsection is central to
the National Drug Control Program targets, programs, and
budget;
(E) the Congress strongly endorses the performance
measurement system for establishing clear outcomes for
reducing drug use nationwide during the next five years,
and the linkage of this system to all agency drug
control programs and budgets receiving funds scored as
drug control agency funding.
(2) Submission to congress.--Not later than February 1,
1999, the Director shall submit to Congress a description of the
national drug control performance measurement system, designed
in consultation with affected National Drug Control Program
agencies, that--
(A) develops performance objectives, measures, and
targets for each National Drug Control Strategy goal and
objective;
(B) revises performance objectives, measures, and
targets, to conform with National Drug Control Program
Agency budgets;
(C) identifies major programs and activities of the
National Drug Control Program agencies that support the
goals and objectives of the National Drug Control
Strategy;
[[Page 112 STAT. 2681-686]]
(D) evaluates in detail the implementation by each
National Drug Control Program agency of program
activities supporting the National Drug Control
Strategy;
(E) monitors consistency between the drug-related
goals and objectives of the National Drug Control
Program agencies and ensures that drug control agency
goals and budgets support and are fully consistent with
the National Drug Control Strategy; and
(F) coordinates the development and implementation
of national drug control data collection and reporting
systems to support policy formulation and performance
measurement, including an assessment of--
(i) the quality of current drug use
measurement instruments and techniques to measure
supply reduction and demand reduction activities;
(ii) the adequacy of the coverage of existing
national drug use measurement instruments and
techniques to measure the casual drug user
population and groups that are at risk for drug
use; and
(iii) the actions the Director shall take to
correct any deficiencies and limitations
identified pursuant to subparagraphs (A) and (B)
of subsection (b)(4).
(3) Modifications.--A description of any modifications made
during the preceding year to the national drug control
performance measurement system described in paragraph (2) shall
be included in each report submitted under subsection (b).
SEC. 707. <> HIGH INTENSITY DRUG TRAFFICKING AREAS
PROGRAM.
(a) Establishment.--There is established in the Office a program to
be known as the High Intensity Drug Trafficking Areas Program.
(b) Designation.--The Director, upon consultation with the Attorney
General, the Secretary of the Treasury, heads of the National Drug
Control Program agencies, and the Governor of each applicable State, may
designate any specified area of the United States as a high intensity
drug trafficking area. After making such a designation and in order to
provide Federal assistance to the area so designated, the Director may--
(1) obligate such sums as appropriated for the High
Intensity Drug Trafficking Areas Program;
(2) direct the temporary reassignment of Federal personnel
to such area, subject to the approval of the head of the
department or agency that employs such personnel;
(3) take any other action authorized under section 704 to
provide increased Federal assistance to those areas;
(4) coordinate activities under this subsection
(specifically administrative, recordkeeping, and funds
management activities) with State and local officials.
(c) Factors for Consideration.--In considering whether to designate
an area under this section as a high intensity drug trafficking area,
the Director shall consider, in addition to such other criteria as the
Director considers to be appropriate, the extent to which--
(1) the area is a center of illegal drug production,
manufacturing, importation, or distribution;
[[Page 112 STAT. 2681-687]]
(2) State and local law enforcement agencies have committed
resources to respond to the drug trafficking problem in the
area, thereby indicating a determination to respond aggressively
to the problem;
(3) drug-related activities in the area are having a harmful
impact in other areas of the country; and
(4) a significant increase in allocation of Federal
resources is necessary to respond adequately to drug-related
activities in the area.
(d) Use of Funds.--The Director shall ensure that no Federal funds
appropriated for the High Intensity Drug Trafficking Program are
expended for the establishment or expansion of drug treatment programs.
SEC. 708. <> COUNTER-DRUG TECHNOLOGY ASSESSMENT
CENTER.
(a) Establishment.--There is established within the Office the
Counter-Drug Technology Assessment Center (referred to in this section
as the ``Center''). The Center shall operate under the authority of the
Director of National Drug Control Policy and shall serve as the central
counter-drug technology research and development organization of the
United States Government.
(b) Director of Technology.--There shall be at the head of the
Center the Director of Technology, who shall be appointed by the
Director of National Drug Control Policy from among individuals
qualified and distinguished in the area of science, medicine,
engineering, or technology.
(c) Additional Responsibilities of the Director of National Drug
Control Policy.--
(1) In general.--The Director, acting through the Director
of Technology shall--
(A) identify and define the short-, medium-, and
long-term scientific and technological needs of Federal,
State, and local drug supply reduction agencies,
including--
(i) advanced surveillance, tracking, and radar
imaging;
(ii) electronic support measures;
(iii) communications;
(iv) data fusion, advanced computer systems,
and artificial intelligence; and
(v) chemical, biological, radiological
(including neutron, electron, and graviton), and
other means of detection;
(B) identify demand reduction basic and applied
research needs and initiatives, in consultation with
affected National Drug Control Program agencies,
including--
(i) improving treatment through
neuroscientific advances;
(ii) improving the transfer of biomedical
research to the clinical setting; and
(iii) in consultation with the National
Institute on Drug Abuse, and through interagency
agreements or grants, examining addiction and
rehabilitation research and the application of
technology to expanding the effectiveness or
availability of drug treatment;
(C) make a priority ranking of such needs identified
in subparagraphs (A) and (B) according to fiscal and
[[Page 112 STAT. 2681-688]]
technological feasibility, as part of a National
Counter-Drug Enforcement Research and Development
Program;
(D) oversee and coordinate counter-drug technology
initiatives with related activities of other Federal
civilian and military departments;
(E) provide support to the development and
implementation of the national drug control performance
measurement system; and
(F) pursuant to the authority of the Director of
National Drug Control Policy under section 704, submit
requests to Congress for the reprogramming or transfer
of funds appropriated for counter-drug technology
research and development.
(2) Limitation on authority.--The authority granted to the
Director under this subsection shall not extend to the award of
contracts, management of individual projects, or other
operational activities.
(d) Assistance and Support to Office of National Drug Control
Policy.--The Secretary of Defense and the Secretary of Health and Human
Services shall, to the maximum extent practicable, render assistance and
support to the Office and to the Director in the conduct of counter-drug
technology assessment.
SEC. 709. <> PRESIDENT'S COUNCIL ON COUNTER-
NARCOTICS.
(a) Establishment.--There is established a council to be known as
the President's Council on Counter-Narcotics (referred to in this
section as the ``Council'').
(b) Membership.--
(1) In general.--Subject to paragraph (2), the Council shall
be composed of 18 members, of whom--
(A) 1 shall be the President, who shall serve as
Chairman of the Council;
(B) 1 shall be the Vice President;
(C) 1 shall be the Secretary of State;
(D) 1 shall be the Secretary of the Treasury;
(E) 1 shall be the Secretary of Defense;
(F) 1 shall be the Attorney General;
(G) 1 shall be the Secretary of Transportation;
(H) 1 shall be the Secretary of Health and Human
Services;
(I) 1 shall be the Secretary of Education;
(J) 1 shall be the Representative of the United
States of America to the United Nations;
(K) 1 shall be the Director of the Office of
Management and Budget;
(L) 1 shall be the Chief of Staff to the President;
(M) 1 shall be the Director of the Office, who shall
serve as the Executive Director of the Council;
(N) 1 shall be the Director of Central Intelligence;
(O) 1 shall be the Assistant to the President for
National Security Affairs;
(P) 1 shall be the Counsel to the President;
(Q) 1 shall be the Chairman of the Joint Chiefs of
Staff; and
(R) 1 shall be the National Security Adviser to the
Vice President.
[[Page 112 STAT. 2681-689]]
(2) Additional members.--The President may, in the
discretion of the President, appoint additional members to the
Council.
(c) Functions.--The Council shall advise and assist the President
in--
(1) providing direction and oversight for the national drug
control strategy, including relating drug control policy to
other national security interests and establishing priorities;
and
(2) ensuring coordination among departments and agencies of
the Federal Government concerning implementation of the National
Drug Control Strategy.
(d) Administration.--
(1) In general.--The Council may utilize established or ad
hoc committees, task forces, or interagency groups chaired by
the Director (or a representative of the Director) in carrying
out the functions of the Council under this section.
(2) Staff.--The staff of the Office, in coordination with
the staffs of the Vice President and the Assistant to the
President for National Security Affairs, shall act as staff for
the Council.
(3) Cooperation from other agencies.--Each department and
agency of the executive branch shall--
(A) cooperate with the Council in carrying out the
functions of the Council under this section; and
(B) provide such assistance, information, and advice
as the Council may request, to the extent permitted by
law.
SEC. 710. <> PARENTS ADVISORY COUNCIL ON YOUTH DRUG
ABUSE.
(a) In General.--
(1) Establishment.--There is established a Council to be
known as the Parents Advisory Council on Youth Drug Abuse
(referred to in this section as the ``Council'').
(2) Membership.--
(A) Composition.--The Council shall be composed of
16 members, of whom--
(i) 4 shall be appointed by the President,
each of whom shall be a parent or guardian of a
child who is not less than 6 and not more than 18
years of age as of the date on which the
appointment is made;
(ii) 4 shall be appointed by the Majority
Leader of the Senate, 3 of whom shall be a parent
or guardian of a child who is not less than 6 and
not more than 18 years of age as of the date on
which the appointment is made;
(iii) 2 shall be appointed by the Minority
Leader of the Senate, each of whom shall be a
parent or guardian of a child who is not less than
6 and not more than 18 years of age as of the date
on which the appointment is made;
(iv) 4 shall be appointed by the Speaker of
the House of Representatives, 3 of whom shall be a
parent or guardian of a child who is not less than
6 and not more than 18 years of age as of the date
on which the appointment is made; and
[[Page 112 STAT. 2681-690]]
(v) 2 shall be appointed by the Minority
Leader of the House of Representatives, each of
whom shall be a parent or guardian of a child who
is not less than 6 and not more than 18 years of
age as of the date on which the appointment is
made.
(B) Requirements.--
(i) In general.--Each member of the Council
shall be an individual from the private sector
with a demonstrated interest and expertise in
research, education, treatment, or prevention
activities related to youth drug abuse.
(ii) Representatives of nonprofit
organizations.--Not less than 1 member appointed
under each of clauses (i) through (v) of paragraph
(2)(A) shall be a representative of a nonprofit
organization focused on involving parents in
antidrug education and prevention.
(C) Date.--The appointments of the initial members
of the Council shall be made not later than 60 days
after the date of enactment of this section.
(D) Executive director.--The Director shall appoint
the Executive Director of the Council, who shall be an
employee of the Office of National Drug Control Policy.
(3) Period of appointment; vacancies.--
(A) Period of appointment.--Each member of the
Council shall be appointed for a term of 3 years, except
that, of the initial members of the Council--
(i) 1 member appointed under each of clauses
(i) through (v) of paragraph (2)(A) shall be
appointed for a term of 1 year; and
(ii) 1 member appointed under each of clauses
(i) through (v) of paragraph (2)(A) shall be
appointed for a term of 2 years.
(B) Vacancies.--Any vacancy in the Council shall not
affect its powers, provided that a quorum is present,
but shall be filled in the same manner as the original
appointment. Any member appointed to fill a vacancy
occurring before the expiration of the term for which
the member's predecessor was appointed shall be
appointed only for the remainder of that term.
(C) Appointment of successor.--To the extent
necessary to prevent a vacancy in the membership of the
Council, a member of the Council may serve for not more
than 6 months after the expiration of the term of that
member, if the successor of that member has not been
appointed.
(4) Initial meeting.--Not later than 120 days after the date
on which all initial members of the Council have been appointed,
the Council shall hold its first meeting.
(5) Meetings.--The Council shall meet at the call of the
Chairperson.
(6) Quorum.--Nine members of the Council shall constitute a
quorum, but a lesser number of members may hold hearings.
(7) Chairperson and vice chairperson.--
(A) In general.--The members of the Council shall
select a Chairperson and Vice Chairperson from among the
members of the Council.
[[Page 112 STAT. 2681-691]]
(B) Duties of chairperson.--The Chairperson of the
Council shall assign committee duties relating to the
Council and direct the Executive Director to convene
hearings and conduct other necessary business of the
Council.
(C) Duties of vice chairperson.--If the Chairperson
of the Council is unable to serve, the Vice Chairperson
shall serve as the Chairperson.
(b) Duties of the Council.--
(1) In general.--The Council--
(A) shall advise the Director on drug prevention,
education, and treatment and assist the Deputy Director
of Demand Reduction in the responsibilities for the
coordination of the demand reduction programs of the
Federal Government and the analysis and consideration of
prevention and treatment alternatives; and
(B) may issue reports and recommendations on drug
prevention, education, and treatment, in addition to the
reports detailed in paragraph (2), as the Council
considers appropriate.
(2) Submission of reports.--Any report or recommendation
issued by the Council shall be submitted to the Director and
subsequently to Congress.
(3) Advice on the national drug control strategy.--Not later
than December 1, 1999, and on December 1 of each year
thereafter, the Council shall submit to the Director an annual
report containing drug control strategy recommendations on drug
prevention, education, and treatment. The Director may include
any recommendations submitted under this paragraph in the report
submitted by the Director under section 706(b).
(c) Expenses.--The members of the Council shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of
business in the performance of services for the Council.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Council such sums as may be necessary carry out this
section.
SEC. 711. <> DRUG INTERDICTION.
(a) Definition.--In this section, the term ``Federal drug control
agency'' means--
(1) the Office of National Drug Control Policy;
(2) the Department of Defense;
(3) the Drug Enforcement Administration;
(4) the Federal Bureau of Investigation;
(5) the Immigration and Naturalization Service;
(6) the United States Coast Guard;
(7) the United States Customs Service; and
(8) any other department or agency of the Federal Government
that the Director determines to be relevant.
(b) Report.--In order to assist Congress in determining the
personnel, equipment, funding, and other resources that would be
required by Federal drug control agencies in order to achieve a level of
interdiction success at or above the highest level achieved before the
date of enactment of this title, not later than 90 days
[[Page 112 STAT. 2681-692]]
after the date of enactment of this Act, the Director shall submit to
Congress and to each Federal drug control program agency a report, which
shall include--
(1) with respect to the southern and western border regions
of the United States (including the Pacific coast, the border
with Mexico, the Gulf of Mexico coast, and other ports of entry)
and in overall totals, data relating to--
(A) the amount of marijuana, heroin,
methamphetamine, and cocaine--
(i) seized during the year of highest recorded
seizures for each drug in each region and during
the year of highest recorded overall seizures; and
(ii) disrupted during the year of highest
recorded disruptions for each drug in each region
and during the year of highest recorded overall
seizures; and
(B) the number of persons arrested for violations of
section 1010(a) of the Controlled Substances Import and
Export Act (21 U.S.C. 960(a)) and related offenses
during the year of the highest number of arrests on
record for each region and during the year of highest
recorded overall arrests;
(2) the price of cocaine, heroin, methamphetamine, and
marijuana during the year of highest price on record during the
preceding 10-year period, adjusted for purity where possible;
and
(3) a description of the personnel, equipment, funding, and
other resources of the Federal drug control agency devoted to
drug interdiction and securing the borders of the United States
against drug trafficking for each of the years identified in
paragraphs (1) and (2) for each Federal drug control agency.
(c) Budget Process.--
(1) Information to director.--Based on the report submitted
under subsection (b), each Federal drug control agency shall
submit to the Director, at the same time as each annual drug
control budget request is submitted by the Federal drug control
agency to the Director under section 704(c)(1), a description of
the specific personnel, equipment, funding, and other resources
that would be required for the Federal drug control agency to
meet or exceed the highest level of interdiction success for
that agency identified in the report submitted under subsection
(b).
(2) Information to congress.--The Director shall include
each submission under paragraph (1) in each annual consolidated
National Drug Control Program budget proposal submitted by the
Director to Congress under section 704(c)(2), which submission
shall be accompanied by a description of any additional
resources that would be required by the Federal drug control
agencies to meet the highest level of interdiction success
identified in the report submitted under subsection (b).
SEC. 712. ESTABLISHMENT OF SPECIAL FORFEITURE FUND.
Section 6073 of the Asset Forfeiture Amendments Act of 1988 (21
U.S.C. 1509) is amended--
(1) in subsection (b)--
(A) by striking ``section 524(c)(9)'' and inserting
``section 524(c)(8)''; and
[[Page 112 STAT. 2681-693]]
(B) by striking ``section 9307(g)'' and inserting
``section 9703(g)''; and
(2) in subsection (e), by striking ``strategy'' and
inserting ``Strategy''.
SEC. 713. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Title 5, United States Code.--Chapter 53 of title 5, United
States Code, is amended--
(1) in section 5312, by adding at the end the following:
``Director of National Drug Control Policy.'';
(2) in section 5313, by adding at the end the following:
``Deputy Director of National Drug Control Policy.''; and
(3) in section 5314, by adding at the end the following:
``Deputy Director for Demand Reduction, Office of National
Drug Control Policy.
``Deputy Director for Supply Reduction, Office of National
Drug Control Policy.
``Deputy Director for State and Local Affairs, Office of
National Drug Control Policy.''.
(b) National Security Act of 1947.--Section 101 of the National
Security Act of 1947 (50 U.S.C. 402) is amended by redesignating
subsection (f) as subsection (g) and inserting after subsection (e) the
following:
``(f) The Director of National Drug Control Policy may, in the role
of the Director as principal adviser to the National Security Council on
national drug control policy, and subject to the direction of the
President, attend and participate in meetings of the National Security
Council.''.
(c) Submission of National Drug Control Program Budget With Annual
Budget Request of President.--Section 1105(a) of title 31, United States
Code, is amended by inserting after paragraph (25) the following:
``(26) a separate statement of the amount of appropriations
requested for the Office of National Drug Control Policy and
each program of the National Drug Control Program.''.
SEC. 714. <> AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title, to
remain available until expended, such sums as may be necessary for each
of fiscal years 1999 through 2003.
SEC. 715. <> TERMINATION OF OFFICE OF NATIONAL DRUG
CONTROL POLICY.
(a) In General.--Except as provided in subsection (b), effective on
September 30, 2003, this title and the amendments made by this title are
repealed.
(b) Exception.--Subsection (a) does not apply to section 713 or the
amendments made by that section.
TITLE <> VIII--WESTERN HEMISPHERE DRUG ELIMINATION
SEC. 801. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Western
Hemisphere Drug Elimination Act''.
(b) Table of Contents.--The table of contents for this title is as
follows:
Sec. 801. Short title; table of contents.
Sec. 802. Findings and statement of policy.
[[Page 112 STAT. 2681-694]]
Subtitle A--Enhanced Source and Transit Country Coverage
Sec. 811. Expansion of radar coverage and operation in source and
transit countries.
Sec. 812. Expansion of Coast Guard drug interdiction.
Sec. 813. Expansion of aircraft coverage and operation in source and
transit countries.
Subtitle B--Enhanced Eradication and Interdiction Strategy in Source
Countries
Sec. 821. Additional eradication resources for Colombia.
Sec. 822. Additional eradication resources for Peru.
Sec. 823. Additional eradication resources for Bolivia.
Sec. 824. Miscellaneous additional eradication resources.
Sec. 825. Bureau of International Narcotics and Law Enforcement Affairs.
Subtitle C--Enhanced Alternative Crop Development Support in Source Zone
Sec. 831. Alternative crop development support.
Sec. 832. Authorization of appropriations for Agricultural Research
Service counterdrug research and development activities.
Sec. 833. Master plan for herbicides to control narcotic crops.
Sec. 834. Authorization of use of environmentally-approved herbicides to
eliminate illicit narcotics crops.
Subtitle D--Enhanced International Law Enforcement Training
Sec. 841. Enhanced international law enforcement academy training.
Sec. 842. Enhanced United States drug enforcement international
training.
Sec. 843. Provision of nonlethal equipment to foreign law enforcement
organizations for cooperative illicit narcotics control
activities.
Subtitle E--Enhanced Drug Transit and Source Zone Law Enforcement
Operations and Equipment
Sec. 851. Increased funding for operations and equipment; report.
Sec. 852. Funding for computer software and hardware to facilitate
direct communication between drug enforcement agencies.
Sec. 853. Sense of Congress regarding priority of drug interdiction and
counterdrug activities.
Subtitle F--Relationship to Other Laws
Sec. 861. Authorizations of appropriations.
Subtitle G--Trafficking in Controlled Substances
Sec. 871. Short title.
Sec. 872. Limitation.
SEC. 802. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--Congress makes the following findings:
(1) Teenage drug use in the United States has doubled since
1993.
(2) The drug crisis facing the United States is a top
national security threat.
(3) The spread of illicit drugs through United States
borders cannot be halted without an effective drug interdiction
strategy.
(4) Effective drug interdiction efforts have been shown to
limit the availability of illicit narcotics, drive up the street
price, support demand reduction efforts, and decrease overall
drug trafficking and use.
(5) A prerequisite for reducing youth drug use is increasing
the price of drugs. To increase price substantially, at least 60
percent of drugs must be interdicted.
(6) In 1987, the national drug control budget maintained a
significant balance between demand and supply reduction efforts,
illustrated as follows:
(A) 29 percent of the total drug control budget
expenditures for demand reduction programs.
[[Page 112 STAT. 2681-695]]
(B) 38 percent of the total drug control budget
expenditures for domestic law enforcement.
(C) 33 percent of the total drug control budget
expenditures for international drug interdiction
efforts.
(7) In the late 1980's and early 1990's, counternarcotic
efforts were successful, specifically in protecting the borders
of the United States from penetration by illegal narcotics
through increased seizures by the United States Coast Guard and
other agencies, including a 302 percent increase in pounds of
cocaine seized between 1987 and 1991.
(8) Limiting the availability of narcotics to drug
traffickers in the United States had a promising effect as
illustrated by the decline of illicit drug use between 1988 and
1991, through a--
(A) 13 percent reduction in total drug use;
(B) 35 percent drop in cocaine use; and
(C) 16 percent decrease in marijuana use.
(9) In 1993, drug interdiction efforts in the transit zones
were reduced due to an imbalance in the national drug control
strategy. This trend has continued through 1995 as shown by the
following figures:
(A) 35 percent for demand reduction programs.
(B) 53 percent for domestic law enforcement.
(C) 12 percent for international drug interdiction
efforts.
(10) Supply reduction efforts became a lower priority for
the Administration and the seizures by the United States Coast
Guard and other agencies decreased as shown by a 68 percent
decrease in the pounds of cocaine seized between 1991 and 1996.
(11) Reductions in funding for comprehensive interdiction
operations like OPERATION GATEWAY and OPERATION STEELWEB,
initiatives that encompassed all areas of interdiction and
attempted to disrupt the operating methods of drug smugglers
along the entire United States border, have created unprotected
United States border areas which smugglers exploit to move their
product into the United States.
(12) The result of this new imbalance in the national drug
control strategy caused the drug situation in the United States
to become a crisis with serious consequences including--
(A) doubling of drug-abuse-related arrests for
minors between 1992 and 1996;
(B) 70 percent increase in overall drug use among
children aged 12 to 17;
(C) 80 percent increase in drug use for graduating
seniors since 1992;
(D) a sharp drop in the price of 1 pure gram of
heroin from $1,647 in 1992 to $966 in February 1996; and
(E) a reduction in the street price of 1 gram of
cocaine from $123 to $104 between 1993 and 1994.
(13) The percentage change in drug use since 1992, among
graduating high school students who used drugs in the past 12
months, has substantially increased--marijuana use is up 80
percent, cocaine use is up 80 percent, and heroin use is up 100
percent.
(14) The Department of Defense has been called upon to
support counter-drug efforts of Federal law enforcement
[[Page 112 STAT. 2681-696]]
agencies that are carried out in source countries and through
transit zone interdiction, but in recent years Department of
Defense assets critical to those counter-drug activities have
been consistently diverted to missions that the Secretary of
Defense and the Chairman of the Joint Chiefs of Staff consider a
higher priority.
(15) The Secretary of Defense and the Chairman of the Joint
Chiefs of Staff, through the Department of Defense policy
referred to as the Global Military Force Policy, has established
the priorities for the allocation of military assets in the
following order: (1) war; (2) military operations other than war
that might involve contact with hostile forces (such as
peacekeeping operations and noncombatant evacuations); (3)
exercises and training; and (4) operational tasking other than
those involving hostilities (including counter-drug activities
and humanitarian assistance).
(16) Use of Department of Defense assets is critical to the
success of efforts to stem the flow of illegal drugs from source
countries and through transit zones to the United States.
(17) The placement of counter-drug activities in the fourth
and last priority of the Global Military Force Policy list of
priorities for the allocation of military assets has resulted in
a serious deficiency in assets vital to the success of source
country and transit zone efforts to stop the flow of illegal
drugs into the United States.
(18) At present the United States faces few, if any, threats
from abroad greater than the threat posed to the Nation's youth
by illegal and dangerous drugs.
(19) The conduct of counter-drug activities has the
potential for contact with hostile forces.
(20) The Department of Defense counter-drug activities
mission should be near the top, not among the last, of the
priorities for the allocation of Department of Defense assets
after the first priority for those assets for the war-fighting
mission of the Department of Defense.
(b) Statement of Policy.--It is the policy of the United States to--
(1) reduce the supply of drugs and drug use through an
enhanced drug interdiction effort in the major drug transit
countries, as well support a comprehensive supply country
eradication and crop substitution program, because a commitment
of increased resources in international drug interdiction
efforts will create a balanced national drug control strategy
among demand reduction, law enforcement, and international drug
interdiction efforts; and
(2) develop and establish comprehensive drug interdiction
and drug eradication strategies, and dedicate the required
resources, to achieve the goal of reducing the flow of illegal
drugs into the United States by 80 percent by as early as
January 1, 2003.
Subtitle A--Enhanced Source and Transit Country Coverage
SEC. 811. EXPANSION OF RADAR COVERAGE AND OPERATION IN SOURCE AND
TRANSIT COUNTRIES.
(a) Authorization of Appropriations.--Funds are authorized to be
appropriated for the Department of the Treasury for fiscal
[[Page 112 STAT. 2681-697]]
years 1999, 2000, and 2001 for the enhancement of radar coverage in drug
source and transit countries in the total amount of $14,300,000 which
shall be available for the following purposes:
(1) For restoration of radar, and operation and maintenance
of radar, in the Bahamas.
(2) For operation and maintenance of ground-based radar at
Guantanamo Bay Naval Base, Cuba.
(b) Report.--Not later than January 31, 1999, the Secretary of
Defense, in conjunction with the Director of Central Intelligence, shall
submit to the Committee on National Security, the Committee on
International Relations, and the Permanent Select Committee on
Intelligence of the House of Representatives and the Committee on Armed
Services, the Committee on Foreign Relations, and the Select Committee
on Intelligence of the Senate a report examining the options available
to the United States for improving Relocatable Over the Horizon (ROTHR)
capability to provide enhanced radar coverage of narcotics source zone
countries in South America and transit zones in the Eastern Pacific. The
report shall include--
(1) a discussion of the need and costs associated with the
establishment of a proposed fourth ROTHR site located in the
source or transit zones; and
(2) an assessment of the intelligence specific issues raised
if such a ROTHR facility were to be established in conjunction
with a foreign government.
SEC. 812. EXPANSION OF COAST GUARD DRUG INTERDICTION.
(a) Operating Expenses.--For operating expenses of the Coast Guard
associated with expansion of drug interdiction activities around Puerto
Rico, the United States Virgin Islands, and other transit zone areas of
operation, there is authorized to be appropriated to the Secretary of
Transportation $151,500,000 for each of fiscal years 1999, 2000, and
2001. Such amounts shall include (but are not limited to) amounts for
the following:
(1) For deployment of intelligent acoustic detection buoys
in the Florida Straits and Bahamas.
(2) For a nonlethal technology program to enhance
countermeasures against the threat of transportation of drugs by
so-called Go-Fast boats.
(b) Acquisition, Construction, and Improvement.--
(1) In general.--For acquisition, construction, and
improvement of facilities and equipment to be used for expansion
of Coast Guard drug interdiction activities, there is authorized
to be appropriated to the Secretary of Transportation for fiscal
year 1999 the total amount of $630,300,000 which shall be
available for the following purposes:
(A) For maritime patrol aircraft sensors.
(B) For acquisition of deployable pursuit boats.
(C) For the acquisition and construction of up to 15
United States Coast Guard Coastal Patrol Boats.
(D) For--
(i) the reactivation of up to 3 United States
Coast Guard HU-25 Falcon jets;
(ii) the procurement of up to 3 C-37A
aircraft; or
(iii) the procurement of up to 3 C-20H
aircraft.
[[Page 112 STAT. 2681-698]]
(E) For acquisition of installed or deployable
electronic sensors and communications systems for Coast
Guard Cutters.
(F) For acquisition and construction of facilities
and equipment to support regional and international law
enforcement training and support in Puerto Rico, the
United States Virgin Islands, and the Caribbean Basin.
(G) For acquisition or conversion of maritime patrol
aircraft.
(H) For acquisition or conversion of up to 2 vessels
to be used as Coast Guard Medium or High Endurance
Cutters.
(I) For acquisition or conversion of up to 2 vessels
to be used as Coast Guard Cutters as support, command,
and control platforms for drug interdiction operations.
(J) For acquisition of up to 6 Coast Guard Medium
Endurance Cutters.
(2) Continued availability.--Amounts appropriated under this
subsection may remain available until expended.
(c) Requirement To Accept Patrol Craft From Department of Defense.--
The Secretary of Transportation shall accept, for use by the Coast Guard
for expanded drug interdiction activities, 7 PC-170 patrol craft if
offered by the Department of Defense.
SEC. 813. EXPANSION OF AIRCRAFT COVERAGE AND OPERATION IN SOURCE AND
TRANSIT COUNTRIES.
(a) Department of the Treasury.--Funds are authorized to be
appropriated for the Department of the Treasury for fiscal years 1999,
2000, and 2001 for the enhancement of air coverage and operation for
drug source and transit countries in the total amount of $886,500,000
which shall be available for the following purposes:
(1) For procurement of 10 P-3B Early Warning aircraft for
the United States Customs Service to enhance overhead air
coverage of drug source zone countries.
(2) For the procurement and deployment of 10 P-3B Slick
airplanes for the United States Customs Service to enhance
overhead air coverage of the drug source zone.
(3) In fiscal years 2000 and 2001, for operation and
maintenance of 10 P-3B Early Warning aircraft for the United
States Customs Service to enhance overhead air coverage of drug
source zone countries.
(4) For personnel for the 10 P-3B Early Warning aircraft for
the United States Customs Service to enhance overhead air
coverage of drug source zone countries.
(5) In fiscal years 2000 and 2001, for operation and
maintenance of 10 P-3B Slick airplanes for the United States
Customs Service to enhance overhead coverage of the drug source
zone.
(6) For personnel for the 10 P-3B Slick airplanes for the
United States Customs Service to enhance overhead air coverage
of drug source zone countries.
(7) For construction and furnishing of an additional
facility for the P-3B aircraft.
(8) For operation and maintenance for overhead air coverage
for source countries.
(9) For operation and maintenance for overhead coverage for
the Caribbean and Eastern Pacific regions.
[[Page 112 STAT. 2681-699]]
(10) For purchase and for operation and maintenance of 3 RU-
38A observation aircraft (to be piloted by pilots under contract
with the United States).
(b) Report.--Not later than January 31, 1999, the Secretary of
Defense, in consultation with the Secretary of State and the Director of
Central Intelligence, shall submit to the Committee on National
Security, the Committee on International Relations, and the Permanent
Select Committee on Intelligence of the House of Representatives and to
the Committee on Armed Services, the Committee on Foreign Relations, and
the Select Committee on Intelligence of the Senate a report examining
the options available in the source and transit zones to replace Howard
Air Force Base in Panama and specifying the requirements of the United
States to establish an airbase or airbases for use in support of
counternarcotics operations to optimize operational effectiveness in the
source and transit zones. The report shall identify the following:
(1) The specific requirements necessary to support the
national drug control policy of the United States.
(2) The estimated construction, operation, and maintenance
costs for a replacement counterdrug airbase or airbases in the
source and transit zones.
(3) Possible interagency cost sharing arrangements for a
replacement airbase or airbases.
(4) Any legal or treaty-related issues regarding the
replacement airbase or airbases.
(5) A summary of completed alternative site surveys for the
airbase or airbases.
(c) Transfer of Aircraft.--The Secretary of the Navy shall transfer
to the United States Customs Service--
(1) ten currently retired and previously identified
heavyweight P-3B aircraft for modification into P-3 AEW&C
aircraft; and
(2) ten currently retired and previously identified
heavyweight P-3B aircraft for modification into P-3 Slick
aircraft.
Subtitle B--Enhanced Eradication and Interdiction Strategy in Source
Countries
SEC. 821. ADDITIONAL ERADICATION RESOURCES FOR COLOMBIA.
(a) Department of State.--Funds are authorized to be appropriated
for the Department of State for fiscal years 1999, 2000, and 2001 for
the enhancement of drug-related eradication efforts in Colombia in the
total amount of $201,250,000 which shall be available for the following
purposes:
(1) For each such fiscal year for sustaining support of the
helicopters and fixed wing fleet of the national police of
Colombia.
(2) For the purchase of DC-3 transport aircraft for the
national police of Colombia.
(3) For acquisition of resources needed for prison security
in Colombia.
(4) For the purchase of minigun systems for the national
police of Colombia.
(5) For the purchase of 6 UH-60L Black Hawk utility
helicopters for the national police of Colombia and for
operation, maintenance, and training relating to such
helicopters.
[[Page 112 STAT. 2681-700]]
(6) For procurement, for upgrade of 50 UH-1H helicopters to
the Huey II configuration equipped with miniguns for the use of
the national police of Colombia.
(7) For the repair and rebuilding of the antinarcotics base
in southern Colombia.
(8) For providing sufficient and adequate base and force
security for any rebuilt facility in southern Colombia, and the
other forward operating antinarcotics bases of the Colombian
National Police antinarcotics unit.
<> (b) Counternarcotics Assistance.--
(1) Limitation on provision of assistance.--Except as
provided in paragraph (2), United States counternarcotics
assistance may not be provided for the Government of Colombia
under this title or under any other provision of law on or after
the date of enactment of this Act if the Government of Colombia
negotiates or permits the establishment of any demilitarized
zone in which the eradication of drug production by the security
forces of Colombia, including the Colombian National Police
antinarcotics unit, is prohibited.
(2) Exception.--If the Government of Colombia negotiates or
permits the establishment of a demilitarized zone described in
paragraph (1), United States counternarcotics assistance may be
provided for the Government of Colombia for a period of up to 90
consecutive days upon a finding by the President that providing
such assistance is in the national interest of the United
States.
(3) Notification.--In each case in which counternarcotics
assistance is provided for the Government of Colombia as a
result of a finding by the President described in paragraph (2),
the President shall notify the Committees on Appropriations and
the authorizing committees of jurisdiction of the House of
Representatives and the Senate not later than 5 days after such
assistance is provided.
SEC. 822. ADDITIONAL ERADICATION RESOURCES FOR PERU.
(a) Department of State.--Funds are authorized to be appropriated
for the Department of State for fiscal years 1999, 2000, and 2001 for
the establishment of a third drug interdiction site in Peru to support
air bridge and riverine missions for enhancement of drug-related
eradication efforts in Peru, in the total amount of $3,000,000, and an
additional amount of $1,000,000 for each of fiscal years 2000 and 2001
for operation and maintenance.
(b) Department of Defense Study.--The Secretary of Defense shall
conduct a study of Peruvian counternarcotics air interdiction
requirements and, not later than 90 days after the date of enactment of
this Act, submit to Congress a report on the results of the study. The
study shall include a review of the Peruvian Air Force's current and
future requirements for counternarcotics air interdiction to complement
the Peruvian Air Force's A-37 capability.
SEC. 823. ADDITIONAL ERADICATION RESOURCES FOR BOLIVIA.
Funds are authorized to be appropriated for the Department of State
for fiscal years 1999, 2000, and 2001 for enhancement of drug-related
eradication efforts in Bolivia in the total amount of $17,000,000 which
shall be available for the following purposes:
(1) For support of air operations in Bolivia.
(2) For support of riverine operations in Bolivia.
(3) For support of coca eradication programs.
[[Page 112 STAT. 2681-701]]
(4) For procurement of 2 mobile x-ray machines, with
operation and maintenance support.
SEC. 824. MISCELLANEOUS ADDITIONAL ERADICATION RESOURCES.
Funds are authorized to be appropriated for the Department of State
for fiscal years 1999, 2000, and 2001 for enhanced precursor chemical
control projects, in the total amount of $500,000.
SEC. 825. BUREAU OF INTERNATIONAL NARCOTICS AND LAW ENFORCEMENT AFFAIRS.
(a) Sense of Congress Relating to Professional Qualifications of
Officials Responsible for International Narcotics Control.--It is the
sense of Congress that any individual serving in the position of
assistant secretary in any department or agency of the Federal
Government who has primary responsibility for international narcotics
control and law enforcement, and the principal deputy of any such
assistant secretary, shall have substantial professional qualifications
in the fields of--
(1) management;
(2) Federal law enforcement or intelligence; and
(3) foreign policy.
(b) Sense of Congress Relating to Deficiencies in International
Narcotics Assistance Activities.--It is the sense of Congress that the
responsiveness and effectiveness of international narcotics assistance
activities under the Department of State have been severely hampered
due, in part, to the lack of law enforcement expertise by responsible
personnel in the Department of State.
Subtitle C--Enhanced Alternative Crop Development Support in Source Zone
SEC. 831. ALTERNATIVE CROP DEVELOPMENT SUPPORT.
Funds are authorized to be appropriated for the United States Agency
for International Development for fiscal years 1999, 2000, and 2001 for
alternative development programs in the total amount of $180,000,000
which shall be available as follows:
(1) In the Guaviare, Putumayo, and Caqueta regions in
Colombia.
(2) In the Ucayali, Apurimac, and Huallaga Valley regions in
Peru.
(3) In the Chapare and Yungas regions in Bolivia.
SEC. 832. AUTHORIZATION OF APPROPRIATIONS FOR AGRICULTURAL RESEARCH
SERVICE COUNTERDRUG RESEARCH AND DEVELOPMENT ACTIVITIES.
(a) In General.--There is authorized to be appropriated to the
Secretary of Agriculture for each of fiscal years 1999, 2000, and 2001,
$23,000,000 to support the counternarcotics research efforts of the
Agricultural Research Service of the Department of Agriculture. Of that
amount, funds are authorized as follows:
(1) $5,000,000 shall be used for crop eradication
technologies.
(2) $2,000,000 shall be used for narcotics plant
identification, chemistry, and biotechnology.
(3) $1,000,000 shall be used for worldwide crop
identification, detection tagging, and production estimation
technology.
(4) $5,000,000 shall be used for improving the disease
resistance, yield, and economic competitiveness of commercial
[[Page 112 STAT. 2681-702]]
crops that can be promoted as alternatives to the production of
narcotics plants.
(5) $10,000,000 to contract with entities meeting the
criteria described in subsection (b) for the product
development, environmental testing, registration, production,
aerial distribution system development, product effectiveness
monitoring, and modification of multiple herbicides to control
narcotic crops (including coca, poppy, and cannabis) in the
United States and internationally.
(b) Criteria for Eligible Entities.--An entity under this subsection
is an entity which possesses--
(1) experience in diseases of narcotic crops;
(2) intellectual property involving seed-borne dispersal
formulations;
(3) the availability of state-of-the-art containment or
quarantine facilities;
(4) country-specific herbicide formulations;
(5) specialized fungicide resistant formulations; or
(6) special security arrangements.
SEC. 833. MASTER PLAN FOR HERBICIDES TO CONTROL NARCOTIC CROPS.
(a) In General.--The Director of the Office of National Drug Control
Policy shall develop a 10-year master plan for the use of herbicides to
control narcotic crops (including coca, poppy, and cannabis) in the
United States and internationally.
(b) Coordination.--The Director shall develop the plan in
coordination with--
(1) the Department of Agriculture;
(2) the Drug Enforcement Administration of the Department of
Justice;
(3) the Department of Defense;
(4) the Environmental Protection Agency;
(5) the Bureau for International Narcotics and Law
Enforcement Activities of the Department of State;
(6) the United States Information Agency; and
(7) other appropriate agencies.
(c) Report.--Not later than March 1, 1999, the Director of the
Office of National Drug Control Policy shall submit to Congress a report
describing the activities undertaken to carry out this section.
SEC. 834. <> AUTHORIZATION OF USE OF
ENVIRONMENTALLY-APPROVED HERBICIDES TO ELIMINATE ILLICIT
NARCOTICS CROPS.
The Secretary of State, the Attorney General, the Secretary of
Agriculture, the Secretary of Defense, the Director of the Office of
National Drug Control Policy, and the Administrator of the Environmental
Protection Agency are authorized to support the development and use of
environmentally-approved herbicides to eliminate illicit narcotics
crops, including coca, cannabis, and opium poppy, both in the United
States and in foreign countries.
[[Page 112 STAT. 2681-703]]
Subtitle D--Enhanced International Law Enforcement Training
SEC. 841. ENHANCED INTERNATIONAL LAW ENFORCEMENT ACADEMY TRAINING.
(a) Maritime Law Enforcement Training Center.--Funds are authorized
to be appropriated for the Department of Transportation and the
Department of the Treasury for fiscal years 1999, 2000, and 2001 for the
joint establishment, operation, and maintenance in San Juan, Puerto
Rico, of a center for training law enforcement personnel of countries
located in the Latin American and Caribbean regions in matters relating
to maritime law enforcement, including customs-related ports management
matters, as follows:
(1) For each such fiscal year for funding by the Department
of Transportation, $1,500,000.
(2) For each such fiscal year for funding by the Department
of the Treasury, $1,500,000.
(b) United States Coast Guard International Maritime Training
Vessel.--Funds are authorized to be appropriated for the Department of
Transportation for fiscal years 1999, 2000, and 2001 for the
establishment, operation, and maintenance of maritime training vessels
in the total amount of $15,000,000 which shall be available for the
following purposes:
(1) For a vessel for international maritime training, which
shall visit participating Latin American and Caribbean nations
on a rotating schedule in order to provide law enforcement
training and to perform maintenance on participating national
assets.
(2) For support of the United States Coast Guard Balsam
Class Buoy Tender training vessel.
SEC. 842. ENHANCED UNITED STATES DRUG ENFORCEMENT INTERNATIONAL
TRAINING.
(a) Mexico.--Funds are authorized to be appropriated for the
Department of Justice for fiscal years 1999, 2000, and 2001 for
substantial exchanges for Mexican judges, prosecutors, and police, in
the total amount of $2,000,000 for each such fiscal year. The Attorney
General shall consult with the Secretary of State regarding such
exchanges.
(b) Brazil.--Funds are authorized to be appropriated for the
Department of Justice for fiscal years 1999, 2000, and 2001 for enhanced
support for the Brazilian Federal Police Training Center, in the total
amount of $1,000,000 for each such fiscal year. The Attorney General
shall consult with the Secretary of State regarding such enhanced
support.
(c) Panama.--
(1) In general.--Funds are authorized to be appropriated for
the Department of Transportation for fiscal years 1999, 2000,
and 2001 for operation and maintenance, for locating and
operating Coast Guard assets so as to strengthen the capability
of the Coast Guard of Panama to patrol the Atlantic and Pacific
coasts of Panama for drug enforcement and interdiction
activities, in the total amount of $1,000,000 for each such
fiscal year. The Secretary of Transportation shall consult with
the Secretary of State regarding the location and operation of
such assets for such purposes.
[[Page 112 STAT. 2681-704]]
(2) Eligibility to receive training.--Notwithstanding any
other provision of law, members of the national police of Panama
shall be eligible to receive training through the International
Military Education Training program.
(d) Venezuela.--There are authorized to be appropriated for the
Department of Justice for each of fiscal years 1999, 2000, and 2001,
$1,000,000 for operation and maintenance, for support for the Venezuelan
Judicial Technical Police Counterdrug Intelligence Center. The Attorney
General shall consult with the Secretary of State regarding such
support.
(e) Ecuador.--
(1) In general.--Funds are authorized to be appropriated for
the Department of Transportation and the Department of the
Treasury for each of fiscal years 1999, 2000, and 2001 for the
buildup of local coast guard and port control in Guayaquil and
Esmeraldas, Ecuador, as follows:
(A) For each such fiscal year for the Department of
Transportation, $500,000.
(B) For each such fiscal year for the Department of
the Treasury, $500,000.
(2) Consultation.--The Secretary of Transportation and the
Secretary of the Treasury shall consult with the Secretary of
State regarding the buildup described in paragraph (1).
(f) Haiti and the Dominican Republic.--Funds are authorized to be
appropriated for the Department of the Treasury for each of fiscal years
1999, 2000, and 2001, $500,000 for the buildup of local coast guard and
port control in Haiti and the Dominican Republic. The Secretary of the
Treasury shall consult with the Secretary of State regarding such
buildup of local coast guard and port patrol.
(g) Central America.--There are authorized to be appropriated for
the Department of the Treasury for each of fiscal years 1999, 2000, and
2001, $12,000,000 for the buildup of local coast guard and port control
in Belize, Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua.
The Secretary of the Treasury shall consult with the Secretary of State
regarding such buildup of local coast guard and port patrol.
SEC. 843. <> PROVISION OF NONLETHAL EQUIPMENT TO
FOREIGN LAW ENFORCEMENT ORGANIZATIONS FOR COOPERATIVE
ILLICIT NARCOTICS CONTROL ACTIVITIES.
(a) In General.--(1) Subject to paragraph (2), the Administrator of
the Drug Enforcement Administration, in consultation with the Secretary
of State, may transfer or lease each year nonlethal equipment to foreign
law enforcement organizations for the purpose of establishing and
carrying out cooperative illicit narcotics control activities.
(2)(A) The Administrator may transfer or lease equipment under
paragraph (1) only if the equipment is not designated as a munitions
item or controlled on the United States Munitions List pursuant to
section 38 of the Arms Export Control Act.
(B) The value of each piece of equipment transferred or leased under
paragraph (1) may not exceed $100,000.
(b) Additional Requirement.--The Administrator shall provide for the
maintenance and repair of any equipment transferred or leased under
subsection (a).
[[Page 112 STAT. 2681-705]]
(c) Notification Requirement.--Before the export of any item
authorized for transfer under subsection (a), the Administrator shall
provide written notice to the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the House of
Representatives in accordance with the procedures applicable to
reprogramming notifications under section 634A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2394-1).
(d) Sense of Congress.--It is the sense of Congress that--
(1) all United States law enforcement personnel serving in
Mexico should be accredited the same status under the Vienna
Convention on Diplomatic Immunity as other diplomatic personnel
serving at United States posts in Mexico; and
(2) all Mexican narcotics law enforcement personnel serving
in the United States should be accorded the same diplomatic
status as Drug Enforcement Administration personnel serving in
Mexico.
Subtitle E--Enhanced Drug Transit and Source Zone Law Enforcement
Operations and Equipment
SEC. 851. INCREASED FUNDING FOR OPERATIONS AND EQUIPMENT; REPORT.
(a) Drug Enforcement Administration.--Funds are authorized to be
appropriated for the Drug Enforcement Administration for fiscal years
1999, 2000, and 2001 for enhancement of counternarcotic operations in
drug transit and source countries in the total amount of $58,900,000
which shall be available for the following purposes:
(1) For support of the Merlin program.
(2) For support of the intercept program.
(3) For support of the development and implementation of
automation systems to support investigative and intelligence
requirements.
(4) For support of the Caribbean Initiative.
(5) For the hire of special agents, administrative and
investigative support personnel, and intelligence analysts for
the support of overseas investigations.
(b) Department of State.--Funds are authorized to be appropriated
for the Department of State for fiscal year 1999, 2000, and 2001 for the
deployment of commercial unclassified intelligence and imaging data and
a Passive Coherent Location System for counternarcotics and interdiction
purposes in the Western Hemisphere, the total amount of $20,000,000.
(c) Department of the Treasury.--Funds are authorized to be
appropriated for the United States Customs Service for fiscal years
1999, 2000, and 2001 for enhancement of counternarcotic operations in
drug transit and source countries in the total amount of $71,500,000
which shall be available for the following purposes:
(1) For refurbishment of up to 30 interceptor and Blue Water
Platform vessels in the Caribbean maritime fleet.
(2) For purchase of up to 9 new interceptor vessels in the
Caribbean maritime fleet.
(3) For the hire and training of up to 25 special agents for
maritime operations in the Caribbean.
(4) For purchase of up to 60 automotive vehicles for ground
use in South Florida.
[[Page 112 STAT. 2681-706]]
(5) For each such fiscal year for operation and maintenance
support for up to 10 United States Customs Service Citations
Aircraft to be dedicated for the source and transit zone.
(6) For purchase of non-intrusive inspection systems
consistent with the United States Customs Service 5-year
technology plan, including truck x-rays and gamma-imaging for
drug interdiction purposes at high-threat seaports and land
border ports of entry.
(d) Department of Defense Report.--Not later than January 31, 1999,
the Secretary of Defense, in consultation with the Director of the
Office of National Drug Control Policy, shall submit to Congress a
report examining and proposing recommendations regarding any
organizational changes to optimize counterdrug activities, including
alternative cost-sharing arrangements regarding the following
facilities:
(1) The Joint Inter-Agency Task Force, East, Key West,
Florida.
(2) The Joint Inter-Agency Task Force, West, Alameda,
California.
(3) The Joint Inter-Agency Task Force, South, Panama City,
Panama.
(4) The Joint Task Force 6, El Paso, Texas.
SEC. 852. FUNDING FOR COMPUTER SOFTWARE AND HARDWARE TO FACILITATE
DIRECT COMMUNICATION BETWEEN DRUG ENFORCEMENT AGENCIES.
(a) Authorization.--Funds are authorized to be appropriated for the
development and purchase of computer software and hardware to facilitate
direct communication between agencies that perform work relating to the
interdiction of drugs at United States borders, including the United
States Customs Service, the Border Patrol, the Federal Bureau of
Investigation, the Drug Enforcement Agency, and the Immigration and
Naturalization Service, in the total amount of $50,000,000.
(b) Availability.--Funds authorized pursuant to the authorization of
appropriations in subsection (a) shall remain available until expended.
SEC. 853. SENSE OF CONGRESS REGARDING PRIORITY OF DRUG INTERDICTION AND
COUNTERDRUG ACTIVITIES.
It is the sense of Congress that the Secretary of Defense should
revise the Global Military Force Policy of the Department of Defense in
order--
(1) to treat the international drug interdiction and
counter-drug activities of the Department as a military
operation other than war, thereby elevating the priority given
such activities under the Policy to the next priority below the
priority given to war under the Policy and to the same priority
as is given to peacekeeping operations under the Policy; and
(2) to allocate the assets of the Department to drug
interdiction and counter-drug activities in accordance with the
priority given those activities.
Subtitle F--Relationship to Other Laws
SEC. 861. AUTHORIZATIONS OF APPROPRIATIONS.
The funds authorized to be appropriated for any department or agency
of the Federal Government for fiscal years 1999, 2000,
[[Page 112 STAT. 2681-707]]
or 2001 by this title are in addition to funds authorized to be
appropriated for that department or agency for fiscal year 1999, 2000,
or 2001 by any other provision of law.
Subtitle <> G--Trafficking in Controlled Substances
SEC. 871. SHORT TITLE.
This subtitle may be cited as the ``Controlled Substances
Trafficking Prohibition Act''.
SEC. 872. LIMITATION.
(a) Amendment.--Section 1006(a) of the Controlled Substances Import
and Export Act (21 U.S.C. 956(a)) is amended--
(1) by striking ``The Attorney General'' and inserting ``(1)
Subject to paragraph (2), the Attorney General''; and
(2) by adding at the end the following:
``(2) Notwithstanding any exemption under paragraph (1), a United
States resident who enters the United States through an international
land border with a controlled substance (except a substance in schedule
I) for which the individual does not possess a valid prescription issued
by a practitioner (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)) in accordance with applicable Federal
and State law (or documentation that verifies the issuance of such a
prescription to that individual) may not import the controlled substance
into the United States in an amount that exceeds 50 dosage units of the
controlled substance.''.
<> (b) Federal Minimum Requirement.--
Section 1006(a)(2) of the Controlled Substances Import and Export Act,
as added by subsection (a), is a minimum Federal requirement and shall
not be construed to limit a State from imposing any additional
requirement.
<> (c) Extent.--The amendment made by
subsection (a) shall not be construed to affect the jurisdiction of the
Secretary of Health and Human Services under the Federal Food, Drug and
Cosmetic Act (21 U.S.C. 301 et seq.).
TITLE <> IX--
DRUG-FREE WORKPLACE ACT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Drug-Free Workplace Act of 1998''.
SEC. 902. <> FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) 74 percent of adults who use illegal drugs are employed;
(2) small business concerns employ over 50 percent of the
Nation's workforce;
(3) in more than 88 percent of families with children under
the age of 18, at least 1 parent is employed; and
(4) employees who use and abuse addictive illegal drugs and
alcohol increase costs for businesses and risk the health and
safety of all employees because--
(A) absenteeism is 66 percent higher among drug
users than individuals who do not use drugs;
(B) health benefit utilization is 300 percent higher
among drug users than individuals who do not use drugs;
(C) 47 percent of workplace accidents are drug-
related;
[[Page 112 STAT. 2681-708]]
(D) disciplinary actions are 90 percent higher among
drug users than among individuals who do not use drugs;
and
(E) employee turnover is significantly higher among
drug users than among individuals who do not use drugs.
(b) Purposes.--The purposes of this title are to--
(1) educate small business concerns about the advantages of
a drug-free workplace;
(2) provide grants and technical assistance in addition to
financial incentives to enable small business concerns to create
a drug-free workplace;
(3) assist working parents in keeping their children drug-
free; and
(4) encourage small business employers and employees alike
to participate in drug-free workplace programs.
SEC. 903. <> SENSE OF CONGRESS.
It is the sense of Congress that--
(1) businesses should adopt drug-free workplace programs;
(2) States should consider incentives to encourage
businesses to adopt drug-free workplace programs; and
(3) such incentives may include--
(A) financial incentives, including--
(i) a reduction in workers' compensation
premiums;
(ii) a reduction in unemployment insurance
premiums; and
(iii) tax deductions in an amount equal to the
amount of expenditures for employee assistance
programs, treatment, or illegal drug testing; and
(B) other incentives, such as the adoption of
liability limitations, as recommended by the President's
Commission on Model State Drug Laws.
SEC. 904. <> DRUG-FREE WORKPLACE DEMONSTRATION
PROGRAM.
Section 27 of the Small Business Act (15 U.S.C. 654) is amended to
read as follows:
``SEC. 27. DRUG-FREE WORKPLACE DEMONSTRATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Drug-free workplace program.--The term `drug-free
workplace program' means a program that includes--
``(A) a written policy, including a clear statement
of expectations for workplace behavior, prohibitions
against reporting to work or working under the influence
of illegal drugs or alcohol, prohibitions against the
use or possession of illegal drugs in the workplace, and
the consequences of violating those expectations and
prohibitions;
``(B) drug and alcohol abuse prevention training for
a total of not less than 2 hours for each employee, and
additional voluntary drug and alcohol abuse prevention
training for employees who are parents;
``(C) employee illegal drug testing, with analysis
conducted by a drug testing laboratory certified by the
Substance Abuse and Mental Health Services
Administration, or approved by the College of American
Pathologists for forensic drug testing, and a review of
each positive test result by a medical review officer;
[[Page 112 STAT. 2681-709]]
``(D) employee access to an employee assistance
program, including confidential assessment, referral,
and short-term problem resolution; and
``(E) continuing alcohol and drug abuse prevention
education.
``(2) Eligible intermediary.--The term `eligible
intermediary' means an organization--
``(A) that has not less than 2 years of experience
in carrying out drug-free workplace programs;
``(B) that has a drug-free workplace policy in
effect;
``(C) that is located in a State, the District of
Columbia, or a territory of the United States; and
``(D) the purpose of which is--
``(i) to develop comprehensive drug-free
workplace programs or to supply drug-free
workplace services; or
``(ii) to provide other forms of assistance
and services to small business concerns.
``(3) Employee.--The term `employee' includes any--
``(A) applicant for employment;
``(B) employee;
``(C) supervisor;
``(D) manager;
``(E) officer of a small business concern who is
active in management of the concern; and
``(F) owner of a small business concern who is
active in management of the concern.
``(4) Medical review officer.--The term `medical review
officer'--
``(A) means a licensed physician with knowledge of
substance abuse disorders; and
``(B) does not include any--
``(i) employee of the small business concern;
or
``(ii) employee or agent of, or any person
having a financial interest in, the laboratory for
which the illegal drug test results are being
reviewed.
``(b) Establishment.--There is established a drug-free workplace
demonstration program, under which the Administrator may make grants to,
or enter into cooperative agreements or contracts with, eligible
intermediaries for the purpose of providing financial and technical
assistance to small business concerns seeking to establish a drug-free
workplace program.
``(c) Privacy Protection for Employees Participating in a Drug-Free
Workplace Program.--Each drug-free workplace program established with
assistance made available under this section shall--
``(1) include, as reasonably necessary and appropriate,
practices and procedures to ensure the confidentiality of
illegal drug test results and of any participation by an
employee in a rehabilitation program;
``(2) prohibit the mandatory disclosure of medical
information by an employee prior to a confirmed positive illegal
drug test; and
``(3) require that a medical review officer reviewing
illegal drug test results shall report only the final results,
limited to those drugs for which the employee tests positive, in
writing
[[Page 112 STAT. 2681-710]]
and in a manner designed to ensure the confidentiality of the
results.
``(d) Evaluation and Coordination.--Not later than 18 months after
the date of enactment of the Drug-Free Workplace Act of 1998, the
Administrator, in coordination with the Secretary of Labor, the
Secretary of Health and Human Services, and the Director of National
Drug Control Policy, shall--
``(1) evaluate the drug-free workplace programs established
with assistance made available under this section; and
``(2) <> submit to Congress a report
describing the results of the evaluation under paragraph (1).
``(e) Contract Authority.--In carrying out this section, the
Administrator may--
``(1) contract with public and private entities to provide
assistance related to carrying out the program under this
section; and
``(2) compensate those entities for provision of that
assistance.
``(f) Construction.--Nothing in this section may be construed to
require an employer who attends a program offered by an intermediary to
contract for any service offered by the intermediary.
``(g) Authorization.--
``(1) In general.--There is authorized to be appropriated to
carry out this section, $10,000,000 for fiscal years 1999 and
2000. Amounts made available under this subsection shall remain
available until expended.
``(2) Small business development centers.--Of the total
amount made available under this subsection, not more than the
greater of 10 percent or $1,000,000 may be used to carry out
section 21(c)(3)(T).''.
SEC. 905. SMALL BUSINESS DEVELOPMENT CENTERS.
Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is
amended--
(1) in subparagraph (R), by striking ``and'' at the end;
(2) in subparagraph (S), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(T) providing information and assistance to small business
concerns with respect to establishing drug-free workplace
programs on or before October 1, 2000.''.
TITLE X--CANYON FERRY RESERVOIR, MONTANA, ACT
SECTION 1001. FINDINGS.
Congress finds that the conveyance of the properties described in
section 4(b) to the lessees of those properties for fair market value
would have the beneficial results of--
(1) reducing Pick-Sloan project debt for the Canyon Ferry
Unit;
(2) providing a permanent source of funding to acquire
publicly accessible land and interests in land, including
easements and conservation easements, in the State from willing
sellers at fair market value to--
(A) restore and conserve fisheries habitat,
including riparian habitat;
(B) restore and conserve wildlife habitat;
[[Page 112 STAT. 2681-711]]
(C) enhance public hunting, fishing, and
recreational opportunities; and
(D) improve public access to public land;
(3) eliminating Federal payments in lieu of taxes and
associated management expenditures in connection with the
Federal Government's ownership of the properties while
increasing local tax revenues from the new owners; and
(4) eliminating expensive and contentious disputes between
the Secretary and leaseholders while ensuring that the Federal
Government receives full and fair value for the properties.
SEC. 1002. PURPOSES.
The purposes of this Act are to--
(1) establish terms and conditions under which the Secretary
of the Interior shall, for fair market value, convey certain
properties around Canyon Ferry Reservoir, Montana, to private
parties; and
(2) acquire certain land for fish and wildlife conservation
purposes.
SEC. 1003. DEFINITIONS.
In this Act:
(1) Canyon ferry-broadwater county trust.--The term ``Canyon
Ferry-Broadwater County Trust'' means the Canyon Ferry-
Broadwater County Trust established under section 8.
(2) CFRA.--The term ``CFRA'' means the Canyon Ferry
Recreation Association, Incorporated, a Montana corporation.
(3) Commissioners.--The term ``Commissioners'' means the
Board of Commissioners for Broadwater County, Montana.
(4) Lease.--The term ``lease'' means a lease or permit in
effect on the date of enactment of this Act that gives a
leaseholder the right to occupy a property.
(5) Lessee.--The term ``lessee'' means--
(A) the leaseholder of 1 of the properties on the
date of enactment of this Act; and
(B) the leaseholder's heirs, executors, and assigns
of the leasehold interest in the property.
(6) Montana fish and wildlife conservation trust.--The term
``Montana Fish and Wildlife Conservation Trust'' means the
Montana Fish and Wildlife Conservation Trust established under
section 7.
(7) Project.--The term ``project'' means the Canyon Ferry
Unit of the Pick-Sloan Missouri River Basin Project.
(8) Property.--
(A) In general.--The term ``property'' means 1 of
the cabin sites described in section 4(b).
(B) Use in the plural.--The term ``properties''
means all 265 of the properties and any contiguous
parcels referred to in section 4(b)(1)(B).
(9) Purchaser.--The term ``purchaser'' means a person or
entity, excluding CFRA or a lessee, that purchases the
properties under section 4.
(10) Reservoir.--The term ``Reservoir'' means the Canyon
Ferry Reservoir, Montana.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(12) State.--The term ``State'' means the State of Montana.
[[Page 112 STAT. 2681-712]]
SEC. 1004. SALE OF PROPERTIES.
(a) In General.--Consistent with the Act of June 17, 1902 (32 Stat.
388, chapter 1093) and Acts supplemental to and amendatory of that Act
(43 U.S.C. 371 et seq.), the Secretary shall convey to CFRA or a
purchaser--
(1) all right, title, and interest (except the mineral
estate) of the United States in and to the properties, subject
to valid existing rights and the operational requirements of the
Pick-Sloan Missouri River Basin Program; and
(2) perpetual easements for--
(A) vehicular access to each property;
(B) access to and use of 1 dock per property; and
(C) access to and use of all boathouses, ramps,
retaining walls, and other improvements for which access
is provided in the leases as of the date of enactment of
this Act.
(b) Description of Properties.--
(1) In general.--The properties to be conveyed are--
(A) the 265 cabin sites of the Bureau of Reclamation
located along the northern end of the Reservoir in
portions of sections 2, 11, 12, 13, 15, 22, 23, and 26,
Township 10 North, Range 1 West; and
(B) any small parcel contiguous to any property (not
including shoreline or land needed to provide public
access to the shoreline of the Reservoir) that the
Secretary determines should be conveyed in order to
eliminate an inholding and facilitate administration of
surrounding land remaining in Federal ownership.
(2) Acreage; legal description.--The acreage and legal
description of each property and of each parcel shall be
determined by the Secretary in consultation with CFRA.
(3) Restrictive use covenant.--
(A) In general.--In order to maintain the unique
character of the Reservoir area, the Secretary, the
purchaser, CFRA, and each subsequent owner of each
property shall covenant that the use restrictions to
carry out subparagraphs (B) and (C) shall--
(i) be appurtenant to, and run, with each
property; and
(ii) be binding on each subsequent owner of
each property.
(B) Access to reservoir.--
(i) In general.--The Secretary, the purchaser,
CFRA, and the subsequent owners of each property
shall ensure that--
(I) public access to and along the
shoreline of the Reservoir in existence
on the date of enactment of this Act is
not obstructed; and
(II) adequate public access to and
along the shoreline of the Reservoir is
maintained.
(ii) Federal reclamation law.--
(I) In general.--No conveyance of
property under this Act shall restrict
or limit the authority or ability of the
Secretary to fulfill the duties of the
Secretary under the Act of June 17, 1902
(32 Stat. 388, chapter 1093), and Acts
supplemental
[[Page 112 STAT. 2681-713]]
to and amendatory of that Act (43 U.S.C.
371 et seq.).
(II) No liability.--The operation of
the Reservoir by the Secretary in
fulfillment of the duties described in
subclause (I) shall not result in
liability for damages, direct or
indirect, to the owner of any property
conveyed under section 4(a) or damages
from any loss of use or enjoyment of the
property.
(C) Historical use.--The Secretary, the purchaser,
CFRA, and each subsequent owner of each property shall
covenant that future uses of the property shall be
limited to the type and intensity of uses in existence
on the date of enactment of this Act, as limited by the
prohibitions contained in the annual operating plan of
the Bureau of Reclamation for the Reservoir in effect on
October 1, 1998.
(c) Purchase Process.--
(1) In general.--The Secretary shall--
(A) solicit sealed bids for the properties;
(B) subject to paragraph (2), sell the properties to
the bidder that submits the highest bid above the
minimum bid determined under paragraph (2); and
(C) not accept any bid for less than all of the
properties in 1 transaction.
(2) Minimum bid.--
(A) In general.--Before accepting bids, the
Secretary shall establish a minimum bid, which shall be
equal to the fair market value of the properties
determined by an appraisal of each property, exclusive
of the value of private improvements made by the
leaseholders before the date of the conveyance, in
conformance with the Uniform Appraisal Standards for
Federal Land Acquisition.
(B) Fair market value.--Any dispuste over the fair
market value of a property under subparagraph (A) shall
be resolved in accordance with section 2201.4 of title
43, Code of Federal Regulations.
(3) Right of first refusal.--If the highest bidder is other
than CFRA, CFRA shall have the right to match the highest bid
and purchase the properties at a price equal to the amount of
the highest bid.
(d) Terms of Conveyance.--
(1) Purchaser.--If the highest bidder is other than CFRA,
and CFRA does not match the highest bid, the following shall
apply:
(A) Payment.--The purchaser shall pay the amount bid
to the Secretary for distribution in accordance with
section 6.
(B) Conveyance.--The Secretary shall convey the
properties to the purchaser.
(C) Option to purchase.--The purchaser shall give
each lessee of a property conveyed under this section an
option to purchase the property at fair market value, as
determined under subsection (c)(2).
(D) Nonpurchasing lessees.--
(i) Right to continue lease.--A lessee that is
unable or unwilling to purchase a property shall
be provided the opportunity to continue to lease
the
[[Page 112 STAT. 2681-714]]
property for fair market value rent under the same
terms and conditions as apply under the existing
lease for the property, and shall have the right
to renew the term of the existing lease for 2
consecutive 5-year terms.
(ii) Compensation for improvements.--If a
lessee declines to purchase a property, the
purchaser shall compensate the lessee for the fair
market value, as determined pursuant to customary
appraisal procedures, of all improvements made to
the property by the lessee. The lessee may sell
the improvements to the purchaser at any time, but
the sale shall be completed by the final
termination of the lease, after all renewals under
clause (i).
(2) CFRA.--If CFRA is the highest bidder, or matches the
highest bid, the following shall apply:
(A) Closing.--On receipt of a purchase request from
a lessee or CFRA, the Secretary shall close on the
property and prepare all other properties for closing
within 45 days.
(B) Payment.--At the closing for a property--
(i) the lessee or CFRA shall deliver to the
Secretary payment for the property, which the
Secretary shall distribute in accordance with
section 6; and
(ii) the Secretary shall convey the property
to the lessee or CFRA.
(C) Appraisal.--The Secretary shall determine the
purchase amount of each property based on the appraisal
conducted under subsection (c)(2), the amount of the bid
under subsection (c)(1), and the proportionate share of
administrative costs pursuant to subsection (e). The
total purchase amount for all properties shall equal the
total bid amount plus administrative costs under
subsection (e).
(D) Timing.--CFRA and the lessees shall purchase at
least 75 percent of the properties not later than August
1 of the year that begins at least 12 months after title
to the first property is conveyed by the Secretary to a
lessee.
(E) Right to renew.--The Secretary shall afford the
lessees who have not purchased properties under this
section the right to renew the term of the existing
lease for 2 (but not more than 2) consecutive 5-year
terms.
(F) Reimbursement.--A lessee shall reimburse CFRA
for a proportionate share of the costs to CFRA of
completing the transactions contemplated by this Act,
including any interest charges.
(G) Rental payments.--All rent received from the
leases shall be distributed by the Secretary in
accordance with section 6.
(e) Administrative Costs.--Any reasonable administrative costs
incurred by the Secretary, including the costs of survey and appraisals,
incident to the conveyance under subsection (a) shall be reimbursed by
the purchaser or CFRA.
(f) Timing.--The Secretary shall make every effort to complete the
conveyance under subsection (a) not later than 1 year after the
satisfaction of the condition established by section 8(b).
[[Page 112 STAT. 2681-715]]
(g) Closings.--Real estate closings to complete the conveyance under
subsection (a) may be staggered to facilitate the conveyance as agreed
to by the Secretary and the purchaser or CFRA.
(h) Conveyance to Lessee.--If a lessee purchases a property from the
purchaser or CFRA, the Secretary, at the request of the lessee, shall
have the conveyance documents prepared in the name or names of the
lessee so as to minimize the amount of time and number of documents
required to complete the closing for the property.
SEC. 1005. AGREEMENT.
(a) Management of Silo's Campground.--Not later than 180 days after
the date of enactment of this Act, the Secretary, acting through the
Commissioner of Reclamation, shall--
(1) offer to contract with the Commissioners to manage the
Silo's campground;
(2) enter into such a contract if agreed to by the Secretary
and the Commissioners; and
(3) grant necessary easements for access roads within and
adjacent to the Silo's campground.
(b) Concession Income.--Any income generated by any concession that
may be granted by the Commissioners at the Silo's recreation area--
(1) shall be deposited in the Canyon Ferry-Broadwater County
Trust; and
(2) may be disbursed by the Canyon Ferry-Broadwater County
Trust manager as part of the income of the Trust.
SEC. 1006. USE OF PROCEEDS.
Notwithstanding any other provision of law, proceeds of conveyances
under this Act shall be available, without further Act of appropriation,
as follows:
(1) 10 percent of the proceeds shall be applied by the
Secretary of the Treasury to reduce the outstanding debt for the
Pick-Sloan project at the Reservoir.
(2) 90 percent of the proceeds shall be deposited in the
Montana Fish and Wildlife Conservation Trust.
SEC. 1007. MONTANA FISH AND WILDLIFE CONSERVATION TRUST.
(a) Establishment.--The Secretary, in consultation with the State
congressional delegation and the Governor of the State, shall establish
a nonprofit charitable permanent perpetual public trust in the State, to
be known as the ``Montana Fish and Wildlife Conservation Trust''
(referred to in this section as the ``Trust'').
(b) Purpose.--The purpose of the Trust shall be to provide a
permanent source of funding to acquire publicly accessible land and
interests in land, including easements and conservation easements, in
the State from willing sellers at fair market value to--
(1) restore and conserve fisheries habitat, including
riparian habitat;
(2) restore and conserve wildlife habitat;
(3) enhance public hunting, fishing, and recreational
opportunities; and
(4) improve public access to public land.
(c) Administration.--
(1) Trust manager.--The Trust shall be managed by a trust
manager, who--
[[Page 112 STAT. 2681-716]]
(A) shall be responsible for investing the corpus of
the Trust; and
(B) shall disburse funds from the Trust on receiving
a request for disbursement from a majority of the
members of the Joint State-Federal Agency Board
established under paragraph (2) and after determining,
in consultation with the Citizen Advisory Board
established under paragraph (3) and after consideration
of any comments submitted by members of the public, that
the request meets the purpose of the Trust under
subsection (b) and the requirements of subsections (d)
and (e).
(2) Joint state-federal agency board.--
(A) Establishment.--There is established a Joint
State-Federal agency Board, which shall consist of--
(i) 1 Forest Service employee employed in the
State designated by the Forest Service;
(ii) 1 Bureau of Land Management employee
employed in the State designated by the Bureau of
Land Management;
(iii) 1 Bureau of Reclamation employee
employed in the State designated by the Bureau of
Reclamation;
(iv) 1 United States Fish and Wildlife Service
employee employed in the State designated by the
United States Fish and Wildlife Service; and
(v) 1 Montana Department of Fish, Wildlife and
Parks employee designated by the Department.
(B) Requests for disbursement.--After consulting
with the Citizen Advisory Board established under
paragraph (3) and after consideration of the Trust plan
prepared under paragraph (3)(C) and of any comments or
requests submitted by members of the public, the Joint
State-Federal Agency Board, by a vote of a majority of
its members, may submit to the Trust Manager a request
for disbursement if the Board determines that the
request meets the purpose of the Trust.
(3) Citizen advisory board.--
(A) In general.--The Secretary shall nominate, and
the Joint State-Federal Agency Board shall approve by a
majority vote, a Citizen Advisory Board.
(B) Membership.--The Citizen Advisory Board shall
consist of 4 members, including 1 with a demonstrated
commitment to improving public access to public land and
to fish and wildlife conservation, from each of--
(i) a Montana organization representing
agricultural landowners;
(ii) a Montana organization representing
hunters;
(iii) a Montana organization representing
fishermen; and
(iv) a Montana nonprofit land trust or
environmental organization.
(C) Duties.--The Citizen Advisory Board, in
consultation with the Joint State-Federal Agency Board
and the Montana Association of Counties, shall prepare
and periodically update a Trust plan including
recommendations for requests for disbursement by the
Joint State-Federal Agency Board.
[[Page 112 STAT. 2681-717]]
(D) Objectives of plan.--The Trust plan shall be
designed to maximize the effectiveness of Montana Fish
and Wildlife Conservation Trust expenditures
considering--
(i) public needs and requests;
(ii) availability of property;
(iii) alternative sources of funding; and
(iv) availability of matching funds.
(4) Public notice and comment.--Before requesting any
disbursements under paragraph (2), the Joint State-Federal
Agency Board shall--
(A) notify members of the public, including local
governments; and
(B) provide opportunity for public comment.
(d) Use.--
(1) Principal.--The principal of the Trust shall be
inviolate.
(2) Earnings.--Earnings on amounts in the Trust shall be
used to carry out subsection (b) and to administer the Trust and
Citizen Advisory Board.
(3) Local purposes.--Not more than 50 percent of the income
from the Trust in any year shall be used outside the watershed
of the Missouri River in the State, from Holter Dam upstream to
the confluence of the Jefferson River, Gallatin River, and
Madison River.
(e) Management.--Land and interests in land acquired under this
section shall be managed for the purpose described in subsection (b).
SEC. 1008. CANYON FERRY-BROADWATER COUNTY TRUST.
(a) Establishment.--The Commissioners shall establish a nonprofit
charitable permanent perpetual public trust to be known as the ``Canyon
Ferry-Broadwater County Trust'' (referred to in this section as the
``Trust'').
(b) Priority of Trust Establishment.--
(1) Condition to sale.--No sale of property under section 4
shall be made until at least $3,000,000, or a lesser amount as
offset by in-kind contributions made before full funding of the
trust, is deposited as the initial corpus of the Trust.
(2) In-kind contributions.--
(A) In general.--In-kind contributions--
(i) shall be approved in advance by the
Commissioners;
(ii) shall be made in Broadwater County;
(iii) shall be related to the improvement of
access to the portions of the Reservoir lying
within Broadwater County or to the creation and
improvement of new and existing recreational areas
within Broadwater County; and
(iv) shall not include any contribution made
by Broadwater County.
(B) Approval.--Approval by the Commissioners of an
in-kind contribution under subparagraph (A) shall
include approval of the value, nature, and type of the
contribution and of the entity that makes the
contribution.
(3) Interest.--Notwithstanding any other provision of this
Act, all interest earned on the principal of the Trust shall
[[Page 112 STAT. 2681-718]]
be reinvested and considered part of its corpus until the
condition stated in paragraph (1) is met.
(c) Trust Management.--
(1) Trust manager.--The Trust shall be managed by a
nonprofit foundation or other independent trustee to be selected
by the Commissioners.
(2) Use.--The Trust manager shall invest the corpus of the
Trust and disburse funds as follows:
(A) Principal.--A sum not to exceed $500,000 may be
expended from the corpus to pay for the planning and
construction of a harbor at the Silo's recreation area.
(B) Interest.--The balance of the Trust shall be
held and the income shall be expended annually for the
improvement of access to the portions of the Reservoir
lying within Broadwater County, Montana, and for the
creation and improvement of new and existing
recreational areas within Broadwater County.
(3) Disbursement.--The Trust manager--
(A) shall approve or reject any request for
disbursement; and
(B) shall not make any expenditure except on the
recommendation of the advisory committee established
under subsection (d).
(d) Advisory Committee.--
(1) Establishment.--The Commissioners shall appoint an
advisory committee consisting of not fewer than 3 nor more than
5 persons.
(2) Duties.--The advisory committee shall meet on a regular
basis to establish priorities and make requests for the
disbursement of funds to the Trust manager.
(3) Approval by the commissioners.--The advisory committee
shall recommend only such expenditures as are approved by the
Commissioners.
(e) No Offset.--Neither the corpus nor the income of the Trust shall
be used to reduce or replace the regular operating expenses of the
Secretary at the Reservoir, unless approved by the Commissioners.
SEC. 1009. AUTHORIZATION.
(a) In General.--The Secretary is authorized to--
(1) investigate, plan, construct, operate, and maintain
public recreational facilities on land withdrawn or acquired for
the development of the project;
(2) conserve the scenery, the natural historic,
paleontologic, and archaeologic objects, and the wildlife on the
land;
(3) provide for public use and enjoyment of the land and of
the water areas created by the project by such means as are
consistent with but subordinate to the purposes of the project;
and
(4) investigate, plan, construct, operate, and maintain
facilities for the conservation of fish and wildlife resources.
(b) Costs.--The costs (including operation and maintenance costs) of
carrying out subsection (a) shall be nonreimbursable and nonreturnable
under Federal reclamation law.
[[Page 112 STAT. 2681-719]]
TITLE XI--MORATORIUM ON CERTAIN <> TAXES
SEC. 1100. SHORT TITLE.
This title may be cited as the ``Internet Tax Freedom Act''.
SEC. 1101. MORATORIUM.
(a) Moratorium.--No State or political subdivision thereof shall
impose any of the following taxes during the period beginning on October
1, 1998, and ending 3 years after the date of the enactment of this
Act--
(1) taxes on Internet access, unless such tax was generally
imposed and actually enforced prior to October 1, 1998; and
(2) multiple or discriminatory taxes on electronic commerce.
(b) Preservation of State and Local Taxing Authority.--Except as
provided in this section, nothing in this title shall be construed to
modify, impair, or supersede, or authorize the modification, impairment,
or superseding of, any State or local law pertaining to taxation that is
otherwise permissible by or under the Constitution of the United States
or other Federal law and in effect on the date of enactment of this Act.
(c) Liabilities and Pending Cases.--Nothing in this title affects
liability for taxes accrued and enforced before the date of enactment of
this Act, nor does this title affect ongoing litigation relating to such
taxes.
(d) Definition of Generally Imposed and Actually Enforced.--For
purposes of this section, a tax has been generally imposed and actually
enforced prior to October 1, 1998, if, before that date, the tax was
authorized by statute and either--
(1) a provider of Internet access services had a reasonable
opportunity to know by virtue of a rule or other public
proclamation made by the appropriate administrative agency of
the State or political subdivision thereof, that such agency has
interpreted and applied such tax to Internet access services; or
(2) a State or political subdivision thereof generally
collected such tax on charges for Internet access.
(e) Exception to Moratorium.--
(1) In general.--Subsection (a) shall also not apply in the
case of any person or entity who knowingly and with knowledge of
the character of the material, in interstate or foreign commerce
by means of the World Wide Web, makes any communication for
commercial purposes that is available to any minor and that
includes any material that is harmful to minors unless such
person or entity has restricted access by minors to material
that is harmful to minors--
(A) by requiring use of a credit card, debit
account, adult access code, or adult personal
identification number;
(B) by accepting a digital certificate that verifies
age; or
(C) by any other reasonable measures that are
feasible under available technology.
(2) Scope of exception.--For purposes of paragraph (1), a
person shall not be considered to making a communication for
commercial purposes of material to the extent that the person
is--
(A) a telecommunications carrier engaged in the
provision of a telecommunications service;
[[Page 112 STAT. 2681-720]]
(B) a person engaged in the business of providing an
Internet access service;
(C) a person engaged in the business of providing an
Internet information location tool; or
(D) similarly engaged in the transmission, storage,
retrieval, hosting, formatting, or translation (or any
combination thereof) of a communication made by another
person, without selection or alteration of the
communication.
(3) Definitions.--In this subsection:
(A) By means of the world wide web.--The term ``by
means of the World Wide Web'' means by placement of
material in a computer server-based file archive so that
it is publicly accessible, over the Internet, using
hypertext transfer protocol, file transfer protocol, or
other similar protocols.
(B) Commercial purposes; engaged in the business.--
(i) Commercial purposes.--A person shall be
considered to make a communication for commercial
purposes only if such person is engaged in the
business of making such communications.
(ii) Engaged in the business.--The term
``engaged in the business'' means that the person
who makes a communication, or offers to make a
communication, by means of the World Wide Web,
that includes any material that is harmful to
minors, devotes time, attention, or labor to such
activities, as a regular course of such person's
trade or business, with the objective of earning a
profit as a result of such activities (although it
is not necessary that the person make a profit or
that the making or offering to make such
communications be the person's sole or principal
business or source of income). A person may be
considered to be engaged in the business of
making, by means of the World Wide Web,
communications for commercial purposes that
include material that is harmful to minors, only
if the person knowingly causes the material that
is harmful to minors to be posted on the World
Wide Web or knowingly solicits such material to be
posted on the World Wide Web.
(C) Internet.--The term ``Internet'' means
collectively the myriad of computer and
telecommunications facilities, including equipment and
operating software, which comprise the interconnected
world-wide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any
predecessor or successor protocols to such protocol, to
communicate information of all kinds by wire or radio.
(D) Internet access service.--The term ``Internet
access service'' means a service that enables users to
access content, information, electronic mail, or other
services offered over the Internet and may also include
access to proprietary content, information, and other
services as part of a package of services offered to
consumers. Such term does not include telecommunications
services.
(E) Internet information location tool.--The term
``Internet information location tool'' means a service
that
[[Page 112 STAT. 2681-721]]
refers or links users to an online location on the World
Wide Web. Such term includes directories, indices,
references, pointers, and hypertext links.
(F) Material that is harmful to minors.--The term
``material that is harmful to minors'' means any
communication, picture, image, graphic image file,
article, recording, writing, or other matter of any kind
that is obscene or that--
(i) the average person, applying contemporary
community standards, would find, taking the
material as a whole and with respect to minors, is
designed to appeal to, or is designed to pander
to, the prurient interest;
(ii) depicts, describes, or represents, in a
manner patently offensive with respect to minors,
an actual or simulated sexual act or sexual
contact, an actual or simulated normal or
perverted sexual act, or a lewd exhibition of the
genitals or post-pubescent female breast; and
(iii) taken as a whole, lacks serious
literary, artistic, political, or scientific value
for minors.
(G) Minor.--The term ``minor'' means any person
under 17 years of age.
(H) Telecommunications carrier; telecommunications
service.--The terms ``telecommunications carrier'' and
``telecommunications service'' have the meanings given
such terms in section 3 of the Communications Act of
1934 (47 U.S.C. 153).
(f) Additional Exception to Moratorium.--
(1) In general.--Subsection (a) shall also not apply with
respect to an Internet access provider, unless, at the time of
entering into an agreement with a customer for the provision of
Internet access services, such provider offers such customer
(either for a fee or at no charge) screening software that is
designed to permit the customer to limit access to material on
the Internet that is harmful to minors.
(2) Definitions.--In this subsection:
(A) Internet access provider.--The term `Internet
access provider' means a person engaged in the business
of providing a computer and communications facility
through which a customer may obtain access to the
Internet, but does not include a common carrier to the
extent that it provides only telecommunications
services.
(B) Internet access services.--The term `Internet
access services' means the provision of computer and
communications services through which a customer using a
computer and a modem or other communications device may
obtain access to the Internet, but does not include
telecommunications services provided by a common
carrier.
(C) Screening software.--The term ``screening
software'' means software that is designed to permit a
person to limit access to material on the Internet that
is harmful to minors.
(3) Applicability.--Paragraph (1) shall apply to agreements
for the provision of Internet access services entered into on or
after the date that is 6 months after the date of enactment of
this Act.
[[Page 112 STAT. 2681-722]]
SEC. 1102. ADVISORY COMMISSION ON ELECTRONIC COMMERCE.
(a) Establishment of Commission.--There is established a commission
to be known as the Advisory Commission on Electronic Commerce (in this
title referred to as the ``Commission''). The Commission shall--
(1) be composed of 19 members appointed in accordance with
subsection (b), including the chairperson who shall be selected
by the members of the Commission from among themselves; and
(2) conduct its business in accordance with the provisions
of this title.
(b) Membership.--
(1) In general.--The Commissioners shall serve for the life
of the Commission. The membership of the Commission shall be as
follows:
(A) 3 representatives from the Federal Government,
comprised of the Secretary of Commerce, the Secretary of
the Treasury, and the United States Trade Representative
(or their respective delegates).
(B) 8 representatives from State and local
governments (one such representative shall be from a
State or local government that does not impose a sales
tax and one representative shall be from a State that
does not impose an income tax).
(C) 8 representatives of the electronic commerce
industry (including small business), telecommunications
carriers, local retail businesses, and consumer groups,
comprised of--
(i) 5 individuals appointed by the Majority
Leader of the Senate;
(ii) 3 individuals appointed by the Minority
Leader of the Senate;
(iii) 5 individuals appointed by the Speaker
of the House of Representatives; and
(iv) 3 individuals appointed by the Minority
Leader of the House of Representatives.
(2) Appointments.--Appointments to the Commission shall be
made not later than 45 days after the date of the enactment of
this Act. The chairperson shall be selected not later than 60
days after the date of the enactment of this Act.
(3) Vacancies.--Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(c) Acceptance of Gifts and Grants.--The Commission may accept, use,
and dispose of gifts or grants of services or property, both real and
personal, for purposes of aiding or facilitating the work of the
Commission. Gifts or grants not used at the expiration of the Commission
shall be returned to the donor or grantor.
(d) Other Resources.--The Commission shall have reasonable access to
materials, resources, data, and other information from the Department of
Justice, the Department of Commerce, the Department of State, the
Department of the Treasury, and the Office of the United States Trade
Representative. The Commission shall also have reasonable access to use
the facilities of any such Department or Office for purposes of
conducting meetings.
(e) Sunset.--The Commission shall terminate 18 months after the date
of the enactment of this Act.
[[Page 112 STAT. 2681-723]]
(f) Rules of the Commission.--
(1) Quorum.--Nine members of the Commission shall constitute
a quorum for conducting the business of the Commission.
(2) Meetings.--Any meetings held by the Commission shall be
duly noticed at least 14 days in advance and shall be open to
the public.
(3) Opportunities to testify.--The Commission shall provide
opportunities for representatives of the general public,
taxpayer groups, consumer groups, and State and local government
officials to testify.
(4) Additional rules.--The Commission may adopt other rules
as needed.
(g) Duties of the Commission.--
(1) In general.--The Commission shall conduct a thorough
study of Federal, State and local, and international taxation
and tariff treatment of transactions using the Internet and
Internet access and other comparable intrastate, interstate or
international sales activities.
(2) Issues to be studied.--The Commission may include in the
study under subsection (a)--
(A) an examination of--
(i) barriers imposed in foreign markets on
United States providers of property, goods,
services, or information engaged in electronic
commerce and on United States providers of
telecommunications services; and
(ii) how the imposition of such barriers will
affect United States consumers, the
competitiveness of United States citizens
providing property, goods, services, or
information in foreign markets, and the growth and
maturing of the Internet;
(B) an examination of the collection and
administration of consumption taxes on electronic
commerce in other countries and the United States, and
the impact of such collection on the global economy,
including an examination of the relationship between the
collection and administration of such taxes when the
transaction uses the Internet and when it does not;
(C) an examination of the impact of the Internet and
Internet access (particularly voice transmission) on the
revenue base for taxes imposed under section 4251 of the
Internal Revenue Code of 1986;
(D) an examination of model State legislation that--
(i) would provide uniform definitions of
categories of property, goods, service, or
information subject to or exempt from sales and
use taxes; and
(ii) would ensure that Internet access
services, online services, and communications and
transactions using the Internet, Internet access
service, or online services would be treated in a
tax and technologically neutral manner relative to
other forms of remote sales;
(E) an examination of the effects of taxation,
including the absence of taxation, on all interstate
sales transactions, including transactions using the
Internet, on retail businesses and on State and local
governments, which examination may include a review of
the efforts of State
[[Page 112 STAT. 2681-724]]
and local governments to collect sales and use taxes
owed on in-State purchases from out-of-State sellers;
and
(F) the examination of ways to simplify Federal and
State and local taxes imposed on the provision of
telecommunications services.
(3) Effect on the communications act of 1934.--Nothing in
this section shall include an examination of any fees or charges
imposed by the Federal Communications Commission or States
related to--
(A) obligations under the Communications Act of 1934
(47 U.S.C. 151 et seq.); or
(B) the implementation of the Telecommunications Act
of 1996 (or of amendments made by that Act).
(h) National Tax Association Communications and Electronic
Commerce Tax Project.--The Commission shall, to the extent possible,
ensure that its work does not undermine the efforts of the National Tax
Association Communications and Electronic Commerce Tax Project.
SEC. 1103. REPORT.
Not later than 18 months after the date of the enactment of this
Act, the Commission shall transmit to Congress for its consideration a
report reflecting the results, including such legislative
recommendations as required to address the findings of the Commission's
study under this title. Any recommendation agreed to by the Commission
shall be tax and technologically neutral and apply to all forms of
remote commerce. No finding or recommendation shall be included in the
report unless agreed to by at least two-thirds of the members of the
Commission serving at the time the finding or recommendation is made.
SEC. 1104. DEFINITIONS.
For the purposes of this title:
(1) Bit tax.--The term ``bit tax'' means any tax on
electronic commerce expressly imposed on or measured by the
volume of digital information transmitted electronically, or the
volume of digital information per unit of time transmitted
electronically, but does not include taxes imposed on the
provision of telecommunications services.
(2) Discriminatory tax.--The term ``discriminatory tax''
means--
(A) any tax imposed by a State or political
subdivision thereof on electronic commerce that--
(i) is not generally imposed and legally
collectible by such State or such political
subdivision on transactions involving similar
property, goods, services, or information
accomplished through other means;
(ii) is not generally imposed and legally
collectible at the same rate by such State or such
political subdivision on transactions involving
similar property, goods, services, or information
accomplished through other means, unless the rate
is lower as part of a phase-out of the tax over
not more than a 5-year period;
(iii) imposes an obligation to collect or pay
the tax on a different person or entity than in
the case of transactions involving similar
property, goods, services, or information
accomplished through other means;
[[Page 112 STAT. 2681-725]]
(iv) establishes a classification of Internet
access service providers or online service
providers for purposes of establishing a higher
tax rate to be imposed on such providers than the
tax rate generally applied to providers of similar
information services delivered through other
means; or
(B) any tax imposed by a State or political
subdivision thereof, if--
(i) except with respect to a tax (on Internet
access) that was generally imposed and actually
enforced prior to October 1, 1998, the sole
ability to access a site on a remote seller's out-
of-State computer server is considered a factor in
determining a remote seller's tax collection
obligation; or
(ii) a provider of Internet access service or
online services is deemed to be the agent of a
remote seller for determining tax collection
obligations solely as a result of--
(I) the display of a remote seller's
information or content on the out-of-
State computer server of a provider of
Internet access service or online
services; or
(II) the processing of orders
through the out-of-State computer server
of a provider of Internet access service
or online services.
(3) Electronic commerce.--The term ``electronic commerce''
means any transaction conducted over the Internet or through
Internet access, comprising the sale, lease, license, offer, or
delivery of property, goods, services, or information, whether
or not for consideration, and includes the provision of Internet
access.
(4) Internet.--The term ``Internet'' means collectively the
myriad of computer and telecommunications facilities, including
equipment and operating software, which comprise the
interconnected world-wide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any
predecessor or successor protocols to such protocol, to
communicate information of all kinds by wire or radio.
(5) Internet access.--The term ``Internet access'' means a
service that enables users to access content, information,
electronic mail, or other services offered over the Internet,
and may also include access to proprietary content, information,
and other services as part of a package of services offered to
users. Such term does not include telecommunications services.
(6) Multiple tax.--
(A) In general.--The term ``multiple tax'' means any
tax that is imposed by one State or political
subdivision thereof on the same or essentially the same
electronic commerce that is also subject to another tax
imposed by another State or political subdivision
thereof (whether or not at the same rate or on the same
basis), without a credit (for example, a resale
exemption certificate) for taxes paid in other
jurisdictions.
(B) Exception.--Such term shall not include a sales
or use tax imposed by a State and 1 or more political
subdivisions thereof on the same electronic commerce or
[[Page 112 STAT. 2681-726]]
a tax on persons engaged in electronic commerce which
also may have been subject to a sales or use tax
thereon.
(C) Sales or use tax.--For purposes of subparagraph
(B), the term ``sales or use tax'' means a tax that is
imposed on or incident to the sale, purchase, storage,
consumption, distribution, or other use of tangible
personal property or services as may be defined by laws
imposing such tax and which is measured by the amount of
the sales price or other charge for such property or
service.
(7) State.--The term ``State'' means any of the several
States, the District of Columbia, or any commonwealth,
territory, or possession of the United States.
(8) Tax.--
(A) In general.--The term ``tax'' means--
(i) any charge imposed by any governmental
entity for the purpose of generating revenues for
governmental purposes, and is not a fee imposed
for a specific privilege, service, or benefit
conferred; or
(ii) the imposition on a seller of an
obligation to collect and to remit to a
governmental entity any sales or use tax imposed
on a buyer by a governmental entity.
(B) Exception.--Such term does not include any
franchise fee or similar fee imposed by a State or local
franchising authority, pursuant to section 622 or 653 of
the Communications Act of 1934 (47 U.S.C. 542, 573), or
any other fee related to obligations or
telecommunications carriers under the Communications Act
of 1934 (47 U.S.C. 151 et seq.).
(9) Telecommunications service.--The term
``telecommunications service'' has the meaning given such term
in section 3(46) of the Communications Act of 1934 (47 U.S.C.
153(46)) and includes communications services (as defined in
section 4251 of the Internal Revenue Code of 1986).
(10) Tax on internet access.--The term ``tax on Internet
access'' means a tax on Internet access, including the
enforcement or application of any new or preexisting tax on the
sale or use of Internet services unless such tax was generally
imposed and actually enforced prior to October 1, 1998.
TITLE XII--OTHER PROVISIONS
SEC. 1201. DECLARATION THAT INTERNET SHOULD BE FREE OF NEW FEDERAL
TAXES.
It is the sense of Congress that no new Federal taxes similar to the
taxes described in section 1101(a) should be enacted with respect to the
Internet and Internet access during the moratorium provided in such
section.
SEC. 1202. NATIONAL TRADE ESTIMATE.
Section 181 of the Trade Act of 1974 (19 U.S.C. 2241) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)--
(i) by striking ``and'' at the end of clause
(i);
(ii) by inserting ``and'' at the end of clause
(ii); and
[[Page 112 STAT. 2681-727]]
(iii) by inserting after clause (ii) the
following new clause:
``(iii) United States electronic commerce,'';
and
(B) in subparagraph (C)--
(i) by striking ``and'' at the end of clause
(i);
(ii) by inserting ``and'' at the end of clause
(ii);
(iii) by inserting after clause (ii) the
following new clause:
``(iii) the value of additional United States
electronic commerce,''; and
(iv) by inserting ``or transacted with,''
after ``or invested in'';
(2) in subsection (a)(2)(E)--
(A) by striking ``and'' at the end of clause (i);
(B) by inserting ``and'' at the end of clause (ii);
and
(C) by inserting after clause (ii) the following new
clause:
``(iii) the value of electronic commerce
transacted with,''; and
(3) by adding at the end the following new subsection:
``(d) Electronic Commerce.--For purposes of this section, the term
`electronic commerce' has the meaning given that term in section 1104(3)
of the Internet Tax Freedom Act.''.
SEC. 1203. <> DECLARATION THAT THE INTERNET
SHOULD BE FREE OF FOREIGN TARIFFS, TRADE BARRIERS, AND OTHER
RESTRICTIONS.
(a) In General.--It is the sense of Congress that the President
should seek bilateral, regional, and multilateral agreements to remove
barriers to global electronic commerce through the World Trade
Organization, the Organization for Economic Cooperation and Development,
the Trans-Atlantic Economic Partnership, the Asia Pacific Economic
Cooperation forum, the Free Trade Area of the America, the North
American Free Trade Agreement, and other appropriate venues.
(b) Negotiating Objectives.--The negotiating objectives of the
United States shall be--
(1) to assure that electronic commerce is free from--
(A) tariff and nontariff barriers;
(B) burdensome and discriminatory regulation and
standards; and
(C) discriminatory taxation; and
(2) to accelerate the growth of electronic commerce by
expanding market access opportunities for--
(A) the development of telecommunications
infrastructure;
(B) the procurement of telecommunications equipment;
(C) the provision of Internet access and
telecommunications services; and
(D) the exchange of goods, services, and digitalized
information.
(c) Electronic Commerce.--For purposes of this section, the term
``electronic commerce'' has the meaning given that term in section
1104(3).
[[Page 112 STAT. 2681-728]]
SEC. 1204. NO EXPANSION OF TAX <> AUTHORITY.
Nothing in this title shall be construed to expand the duty of any
person to collect or pay taxes beyond that which existed immediately
before the date of the enactment of this Act.
SEC. 1205. <> PRESERVATION OF AUTHORITY.
Nothing in this title shall limit or otherwise affect the
implementation of the Telecommunications Act of 1996 (Public Law 104-
104) or the amendments made by such Act.
SEC. 1206. <> SEVERABILITY.
If any provision of this title, or any amendment made by this title,
or the application of that provision to any person or circumstance, is
held by a court of competent jurisdiction to violate any provision of
the Constitution of the United States, then the other provisions of that
title, and the application of that provision to other persons and
circumstances, shall not be affected.
TITLE <> XIII--
CHILDREN'S ONLINE PRIVACY PROTECTION
SEC. 1301. <> SHORT TITLE.
This title may be cited as the ``Children's Online Privacy
Protection Act of 1998''.
SEC. 1302. <> DEFINITIONS.
In this title:
(1) Child.--The term ``child'' means an individual under the
age of 13.
(2) Operator.--The term ``operator''--
(A) means any person who operates a website located
on the Internet or an online service and who collects or
maintains personal information from or about the users
of or visitors to such website or online service, or on
whose behalf such information is collected or
maintained, where such website or online service is
operated for commercial purposes, including any person
offering products or services for sale through that
website or online service, involving commerce--
(i) among the several States or with 1 or more
foreign nations;
(ii) in any territory of the United States or
in the District of Columbia, or between any such
territory and--
(I) another such territory; or
(II) any State or foreign nation; or
(iii) between the District of Columbia and any
State, territory, or foreign nation; but
(B) does not include any nonprofit entity that would
otherwise be exempt from coverage under section 5 of the
Federal Trade Commission Act (15 U.S.C. 45).
(3) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(4) Disclosure.--The term ``disclosure'' means, with respect
to personal information--
(A) the release of personal information collected
from a child in identifiable form by an operator for any
purpose, except where such information is provided to a
person other than the operator who provides support for
the
[[Page 112 STAT. 2681-729]]
internal operations of the website and does not disclose
or use that information for any other purpose; and
(B) making personal information collected from a
child by a website or online service directed to
children or with actual knowledge that such information
was collected from a child, publicly available in
identifiable form, by any means including by a public
posting, through the Internet, or through--
(i) a home page of a website;
(ii) a pen pal service;
(iii) an electronic mail service;
(iv) a message board; or
(v) a chat room.
(5) Federal agency.--The term ``Federal agency'' means an
agency, as that term is defined in section 551(1) of title 5,
United States Code.
(6) Internet.--The term ``Internet'' means collectively the
myriad of computer and telecommunications facilities, including
equipment and operating software, which comprise the
interconnected world-wide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any
predecessor or successor protocols to such protocol, to
communicate information of all kinds by wire or radio.
(7) Parent.--The term ``parent'' includes a legal guardian.
(8) Personal information.--The term ``personal information''
means individually identifiable information about an individual
collected online, including--
(A) a first and last name;
(B) a home or other physical address including
street name and name of a city or town;
(C) an e-mail address;
(D) a telephone number;
(E) a Social Security number;
(F) any other identifier that the Commission
determines permits the physical or online contacting of
a specific individual; or
(G) information concerning the child or the parents
of that child that the website collects online from the
child and combines with an identifier described in this
paragraph.
(9) Verifiable parental consent.--The term ``verifiable
parental consent'' means any reasonable effort (taking into
consideration available technology), including a request for
authorization for future collection, use, and disclosure
described in the notice, to ensure that a parent of a child
receives notice of the operator's personal information
collection, use, and disclosure practices, and authorizes the
collection, use, and disclosure, as applicable, of personal
information and the subsequent use of that information before
that information is collected from that child.
(10) Website or online service directed to children.--
(A) In general.--The term ``website or online
service directed to children'' means--
(i) a commercial website or online service
that is targeted to children; or
(ii) that portion of a commercial website or
online service that is targeted to children.
[[Page 112 STAT. 2681-730]]
(B) Limitation.--A commercial website or online
service, or a portion of a commercial website or online
service, shall not be deemed directed to children solely
for referring or linking to a commercial website or
online service directed to children by using information
location tools, including a directory, index, reference,
pointer, or hypertext link.
(11) Person.--The term ``person'' means any individual,
partnership, corporation, trust, estate, cooperative,
association, or other entity.
(12) Online contact information.--The term ``online contact
information'' means an e-mail address or another substantially
similar identifier that permits direct contact with a person
online.
SEC. 1303. <> REGULATION OF UNFAIR AND DECEPTIVE
ACTS AND PRACTICES IN CONNECTION WITH THE COLLECTION AND USE
OF PERSONAL INFORMATION FROM AND ABOUT CHILDREN ON THE
INTERNET.
(a) Acts Prohibited.--
(1) In general.--It is unlawful for an operator of a website
or online service directed to children, or any operator that has
actual knowledge that it is collecting personal information from
a child, to collect personal information from a child in a
manner that violates the regulations prescribed under subsection
(b).
(2) Disclosure to parent protected.--Notwithstanding
paragraph (1), neither an operator of such a website or online
service nor the operator's agent shall be held to be liable
under any Federal or State law for any disclosure made in good
faith and following reasonable procedures in responding to a
request for disclosure of personal information under subsection
(b)(1)(B)(iii) to the parent of a child.
(b) Regulations.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall promulgate under
section 553 of title 5, United States Code, regulations that--
(A) require the operator of any website or online
service directed to children that collects personal
information from children or the operator of a website
or online service that has actual knowledge that it is
collecting personal information from a child--
(i) <> to provide notice on the
website of what information is collected from
children by the operator, how the operator uses
such information, and the operator's disclosure
practices for such information; and
(ii) to obtain verifiable parental consent for
the collection, use, or disclosure of personal
information from children;
(B) require the operator to provide, upon request of
a parent under this subparagraph whose child has
provided personal information to that website or online
service, upon proper identification of that parent, to
such parent--
(i) a description of the specific types of
personal information collected from the child by
that operator;
(ii) the opportunity at any time to refuse to
permit the operator's further use or maintenance
in
[[Page 112 STAT. 2681-731]]
retrievable form, or future online collection, of
personal information from that child; and
(iii) notwithstanding any other provision of
law, a means that is reasonable under the
circumstances for the parent to obtain any
personal information collected from that child;
(C) prohibit conditioning a child's participation in
a game, the offering of a prize, or another activity on
the child disclosing more personal information than is
reasonably necessary to participate in such activity;
and
(D) require the operator of such a website or online
service to establish and maintain reasonable procedures
to protect the confidentiality, security, and integrity
of personal information collected from children.
(2) When consent not required.--The regulations shall
provide that verifiable parental consent under paragraph
(1)(A)(ii) is not required in the case of--
(A) online contact information collected from a
child that is used only to respond directly on a one-
time basis to a specific request from the child and is
not used to recontact the child and is not maintained in
retrievable form by the operator;
(B) a request for the name or online contact
information of a parent or child that is used for the
sole purpose of obtaining parental consent or providing
notice under this section and where such information is
not maintained in retrievable form by the operator if
parental consent is not obtained after a reasonable
time;
(C) online contact information collected from a
child that is used only to respond more than once
directly to a specific request from the child and is not
used to recontact the child beyond the scope of that
request--
(i) if, before any additional response after
the initial response to the child, the operator
uses reasonable efforts to provide a parent notice
of the online contact information collected from
the child, the purposes for which it is to be
used, and an opportunity for the parent to request
that the operator make no further use of the
information and that it not be maintained in
retrievable form; or
(ii) without notice to the parent in such
circumstances as the Commission may determine are
appropriate, taking into consideration the
benefits to the child of access to information and
services, and risks to the security and privacy of
the child, in regulations promulgated under this
subsection;
(D) the name of the child and online contact
information (to the extent reasonably necessary to
protect the safety of a child participant on the site)--
(i) used only for the purpose of protecting
such safety;
(ii) not used to recontact the child or for
any other purpose; and
(iii) not disclosed on the site,
if the operator uses reasonable efforts to provide a
parent notice of the name and online contact information
collected from the child, the purposes for which it is
to be used,
[[Page 112 STAT. 2681-732]]
and an opportunity for the parent to request that the
operator make no further use of the information and that
it not be maintained in retrievable form; or
(E) the collection, use, or dissemination of such
information by the operator of such a website or online
service necessary--
(i) to protect the security or integrity of
its website;
(ii) to take precautions against liability;
(iii) to respond to judicial process; or
(iv) to the extent permitted under other
provisions of law, to provide information to law
enforcement agencies or for an investigation on a
matter related to public safety.
(3) Termination of service.--The regulations shall permit
the operator of a website or an online service to terminate
service provided to a child whose parent has refused, under the
regulations prescribed under paragraph (1)(B)(ii), to permit the
operator's further use or maintenance in retrievable form, or
future online collection, of personal information from that
child.
(c) Enforcement.--Subject to sections 1304 and 1306, a violation of
a regulation prescribed under subsection (a) shall be treated as a
violation of a rule defining an unfair or deceptive act or practice
prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act
(15 U.S.C. 57a(a)(1)(B)).
(d) Inconsistent State Law.--No State or local government may impose
any liability for commercial activities or actions by operators in
interstate or foreign commerce in connection with an activity or action
described in this title that is inconsistent with the treatment of those
activities or actions under this section.
SEC. 1304. <> SAFE HARBORS.
(a) Guidelines.--An operator may satisfy the requirements of
regulations issued under section 1303(b) by following a set of self-
regulatory guidelines, issued by representatives of the marketing or
online industries, or by other persons, approved under subsection (b).
(b) Incentives.--
(1) Self-regulatory incentives.--In prescribing regulations
under section 1303, the Commission shall provide incentives for
self-regulation by operators to implement the protections
afforded children under the regulatory requirements described in
subsection (b) of that section.
(2) Deemed compliance.--Such incentives shall include
provisions for ensuring that a person will be deemed to be in
compliance with the requirements of the regulations under
section 1303 if that person complies with guidelines that, after
notice and comment, are approved by the Commission upon making a
determination that the guidelines meet the requirements of the
regulations issued under section 1303.
(3) Expedited response to requests.--The Commission shall
act upon requests for safe harbor treatment within 180 days of
the filing of the request, and shall set forth in writing its
conclusions with regard to such requests.
(c) Appeals.--Final action by the Commission on a request for
approval of guidelines, or the failure to act within 180 days on a
request for approval of guidelines, submitted under subsection
[[Page 112 STAT. 2681-733]]
(b) may be appealed to a district court of the United States of
appropriate jurisdiction as provided for in section 706 of title 5,
United States Code.
SEC. 1305. <> ACTIONS BY STATES.
(a) In General.--
(1) Civil actions.--In any case in which the attorney
general of a State has reason to believe that an interest of the
residents of that State has been or is threatened or adversely
affected by the engagement of any person in a practice that
violates any regulation of the Commission prescribed under
section 1303(b), the State, as parens patriae, may bring a civil
action on behalf of the residents of the State in a district
court of the United States of appropriate jurisdiction to--
(A) enjoin that practice;
(B) enforce compliance with the regulation;
(C) obtain damage, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other relief as the court may
consider to be appropriate.
(2) Notice.--
(A) In general.--Before filing an action under
paragraph (1), the attorney general of the State
involved shall provide to the Commission--
(i) written notice of that action; and
(ii) a copy of the complaint for that action.
(B) Exemption.--
(i) In general.--Subparagraph (A) shall not
apply with respect to the filing of an action by
an attorney general of a State under this
subsection, if the attorney general determines
that it is not feasible to provide the notice
described in that subparagraph before the filing
of the action.
(ii) Notification.--In an action described in
clause (i), the attorney general of a State shall
provide notice and a copy of the complaint to the
Commission at the same time as the attorney
general files the action.
(b) Intervention.--
(1) In general.--On receiving notice under subsection
(a)(2), the Commission shall have the right to intervene in the
action that is the subject of the notice.
(2) Effect of intervention.--If the Commission intervenes in
an action under subsection (a), it shall have the right--
(A) to be heard with respect to any matter that
arises in that action; and
(B) to file a petition for appeal.
(3) Amicus curiae.--Upon application to the court, a person
whose self-regulatory guidelines have been approved by the
Commission and are relied upon as a defense by any defendant to
a proceeding under this section may file amicus curiae in that
proceeding.
(c) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this title shall be construed to prevent an
attorney general of a State from exercising the powers conferred on the
attorney general by the laws of that State to--
[[Page 112 STAT. 2681-734]]
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of
documentary and other evidence.
(d) Actions by the Commission.--In any case in which an action is
instituted by or on behalf of the Commission for violation of any
regulation prescribed under section 1303, no State may, during the
pendency of that action, institute an action under subsection (a)
against any defendant named in the complaint in that action for
violation of that regulation.
(e) Venue; Service of Process.--
(1) Venue.--Any action brought under subsection (a) may be
brought in the district court of the United States that meets
applicable requirements relating to venue under section 1391 of
title 28, United States Code.
(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in which
the defendant--
(A) is an inhabitant; or
(B) may be found.
SEC. 1306. <> ADMINISTRATION AND APPLICABILITY OF
ACT.
(a) In General.--Except as otherwise provided, this title shall be
enforced by the Commission under the Federal Trade Commission Act (15
U.S.C. 41 et seq.).
(b) Provisions.--Compliance with the requirements imposed under
this title shall be enforced under--
(1) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), in the case of--
(A) national banks, and Federal branches and Federal
agencies of foreign banks, by the Office of the
Comptroller of the Currency;
(B) member banks of the Federal Reserve System
(other than national banks), branches and agencies of
foreign banks (other than Federal branches, Federal
agencies, and insured State branches of foreign banks),
commercial lending companies owned or controlled by
foreign banks, and organizations operating under section
25 or 25(a) of the Federal Reserve Act (12 U.S.C. 601 et
seq. and 611 et. seq.), by the Board; and
(C) banks insured by the Federal Deposit Insurance
Corporation (other than members of the Federal Reserve
System) and insured State branches of foreign banks, by
the Board of Directors of the Federal Deposit Insurance
Corporation;
(2) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), by the Director of the Office of Thrift
Supervision, in the case of a savings association the deposits
of which are insured by the Federal Deposit Insurance
Corporation;
(3) the Federal Credit Union Act (12 U.S.C. 1751 et seq.) by
the National Credit Union Administration Board with respect to
any Federal credit union;
(4) part A of subtitle VII of title 49, United States Code,
by the Secretary of Transportation with respect to any air
carrier or foreign air carrier subject to that part;
(5) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et.
seq.) (except as provided in section 406 of that Act (7
[[Page 112 STAT. 2681-735]]
U.S.C. 226, 227)), by the Secretary of Agriculture with respect
to any activities subject to that Act; and
(6) the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) by
the Farm Credit Administration with respect to any Federal land
bank, Federal land bank association, Federal intermediate credit
bank, or production credit association.
(c) Exercise of Certain Powers.--For the purpose of the exercise by
any agency referred to in subsection (a) of its powers under any Act
referred to in that subsection, a violation of any requirement imposed
under this title shall be deemed to be a violation of a requirement
imposed under that Act. In addition to its powers under any provision of
law specifically referred to in subsection (a), each of the agencies
referred to in that subsection may exercise, for the purpose of
enforcing compliance with any requirement imposed under this title, any
other authority conferred on it by law.
(d) Actions by the Commission.--The Commission shall prevent any
person from violating a rule of the Commission under section 1303 in the
same manner, by the same means, and with the same jurisdiction, powers,
and duties as though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and
made a part of this title. Any entity that violates such rule shall be
subject to the penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act in the same manner, by the
same means, and with the same jurisdiction, power, and duties as though
all applicable terms and provisions of the Federal Trade Commission Act
were incorporated into and made a part of this title.
(e) Effect on Other Laws.--Nothing contained in the Act shall be
construed to limit the authority of the Commission under any other
provisions of law.
SEC. 1307. <> REVIEW.
Not later than 5 years after the effective date of the regulations
initially issued under section 1303, the Commission shall--
(1) review the implementation of this title, including the
effect of the implementation of this title on practices relating
to the collection and disclosure of information relating to
children, children's ability to obtain access to information of
their choice online, and on the availability of websites
directed to children; and
(2) <> prepare and submit to Congress a
report on the results of the review under paragraph (1).
SEC. 1308. <> EFFECTIVE DATE.
Sections 1303(a), 1305, and 1306 of this title take effect on the
later of--
(1) the date that is 18 months after the date of enactment
of this Act; or
(2) the date on which the Commission rules on the first
application filed for safe harbor treatment under section 1304
if the Commission does not rule on the first such application
within one year after the date of enactment of this Act, but in
no case later than the date that is 30 months after the date of
enactment of this Act.
[[Page 112 STAT. 2681-736]]
TITLE <> XIV--CHILD
ONLINE PROTECTION
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Child Online Protection Act''.
SEC. 1402. <> CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) while custody, care, and nurture of the child resides
first with the parent, the widespread availability of the
Internet presents opportunities for minors to access materials
through the World Wide Web in a manner that can frustrate
parental supervision or control;
(2) the protection of the physical and psychological well-
being of minors by shielding them from materials that are
harmful to them is a compelling governmental interest;
(3) to date, while the industry has developed innovative
ways to help parents and educators restrict material that is
harmful to minors through parental control protections and self-
regulation, such efforts have not provided a national solution
to the problem of minors accessing harmful material on the World
Wide Web;
(4) a prohibition on the distribution of material harmful to
minors, combined with legitimate defenses, is currently the most
effective and least restrictive means by which to satisfy the
compelling government interest; and
(5) notwithstanding the existence of protections that limit
the distribution over the World Wide Web of material that is
harmful to minors, parents, educators, and industry must
continue efforts to find ways to protect children from being
exposed to harmful material found on the Internet.
SEC. 1403. REQUIREMENT TO RESTRICT ACCESS BY MINORS TO MATERIALS
COMMERCIALLY DISTRIBUTED BY MEANS OF THE WORLD WIDE WEB THAT
ARE HARMFUL TO MINORS.
Part I of title II of the Communications Act of 1934 (47 U.S.C. 201
et seq.) is amended by adding at the end the following new section:
``SEC. 231. <> RESTRICTION OF ACCESS BY MINORS TO
MATERIALS COMMERCIALLY DISTRIBUTED BY MEANS OF WORLD WIDE
WEB THAT ARE HARMFUL TO MINORS.
``(a) Requirement To Restrict Access.--
``(1) Prohibited conduct.--Whoever knowingly and with
knowledge of the character of the material, in interstate or
foreign commerce by means of the World Wide Web, makes any
communication for commercial purposes that is available to any
minor and that includes any material that is harmful to minors
shall be fined not more than $50,000, imprisoned not more than 6
months, or both.
``(2) Intentional violations.--In addition to the penalties
under paragraph (1), whoever intentionally violates such
paragraph shall be subject to a fine of not more than $50,000
for each violation. For purposes of this paragraph, each day of
violation shall constitute a separate violation.
``(3) Civil penalty.--In addition to the penalties under
paragraphs (1) and (2), whoever violates paragraph (1) shall be
subject to a civil penalty of not more than $50,000 for
[[Page 112 STAT. 2681-737]]
each violation. For purposes of this paragraph, each day of
violation shall constitute a separate violation.
``(b) Inapplicability of Carriers and Other Service Providers.--For
purposes of subsection (a), a person shall not be considered to make any
communication for commercial purposes to the extent that such person
is--
``(1) a telecommunications carrier engaged in the provision
of a telecommunications service;
``(2) a person engaged in the business of providing an
Internet access service;
``(3) a person engaged in the business of providing an
Internet information location tool; or
``(4) similarly engaged in the transmission, storage,
retrieval, hosting, formatting, or translation (or any
combination thereof) of a communication made by another person,
without selection or alteration of the content of the
communication, except that such person's deletion of a
particular communication or material made by another person in a
manner consistent with subsection (c) or section 230 shall not
constitute such selection or alteration of the content of the
communication.
``(c) Affirmative Defense.--
``(1) Defense.--It is an affirmative defense to prosecution
under this section that the defendant, in good faith, has
restricted access by minors to material that is harmful to
minors--
``(A) by requiring use of a credit card, debit
account, adult access code, or adult personal
identification number;
``(B) by accepting a digital certificate that
verifies age; or
``(C) by any other reasonable measures that are
feasible under available technology.
``(2) Protection for use of defenses.--No cause of action
may be brought in any court or administrative agency against any
person on account of any activity that is not in violation of
any law punishable by criminal or civil penalty, and that the
person has taken in good faith to implement a defense authorized
under this subsection or otherwise to restrict or prevent the
transmission of, or access to, a communication specified in this
section.
``(d) Privacy Protection Requirements.--
``(1) Disclosure of information limited.--A person making a
communication described in subsection (a)--
``(A) shall not disclose any information collected
for the purposes of restricting access to such
communications to individuals 17 years of age or older
without the prior written or electronic consent of--
``(i) the individual concerned, if the
individual is an adult; or
``(ii) the individual's parent or guardian, if
the individual is under 17 years of age; and
``(B) shall take such actions as are necessary to
prevent unauthorized access to such information by a
person other than the person making such communication
and the recipient of such communication.
``(2) Exceptions.--A person making a communication described
in subsection (a) may disclose such information if the
disclosure is--
[[Page 112 STAT. 2681-738]]
``(A) necessary to make the communication or conduct
a legitimate business activity related to making the
communication; or
``(B) made pursuant to a court order authorizing
such disclosure.
``(e) Definitions.--For purposes of this subsection, the following
definitions shall apply:
``(1) By means of the world wide web.--The term `by means of
the World Wide Web' means by placement of material in a computer
server-based file archive so that it is publicly accessible,
over the Internet, using hypertext transfer protocol or any
successor protocol.
``(2) Commercial purposes; engaged in the business.--
``(A) Commercial purposes.--A person shall be
considered to make a communication for commercial
purposes only if such person is engaged in the business
of making such communications.
``(B) Engaged in the business.--The term `engaged in
the business' means that the person who makes a
communication, or offers to make a communication, by
means of the World Wide Web, that includes any material
that is harmful to minors, devotes time, attention, or
labor to such activities, as a regular course of such
person's trade or business, with the objective of
earning a profit as a result of such activities
(although it is not necessary that the person make a
profit or that the making or offering to make such
communications be the person's sole or principal
business or source of income). A person may be
considered to be engaged in the business of making, by
means of the World Wide Web, communications for
commercial purposes that include material that is
harmful to minors, only if the person knowingly causes
the material that is harmful to minors to be posted on
the World Wide Web or knowingly solicits such material
to be posted on the World Wide Web.
``(3) Internet.--The term `Internet' means the combination
of computer facilities and electromagnetic transmission media,
and related equipment and software, comprising the
interconnected worldwide network of computer networks that
employ the Transmission Control Protocol/Internet Protocol or
any successor protocol to transmit information.
``(4) Internet access service.--The term `Internet access
service' means a service that enables users to access content,
information, electronic mail, or other services offered over the
Internet, and may also include access to proprietary content,
information, and other services as part of a package of services
offered to consumers. Such term does not include
telecommunications services.
``(5) Internet information location tool.--The term
`Internet information location tool' means a service that refers
or links users to an online location on the World Wide Web. Such
term includes directories, indices, references, pointers, and
hypertext links.
``(6) Material that is harmful to minors.--The term
`material that is harmful to minors' means any communication,
picture, image, graphic image file, article, recording, writing,
or other matter of any kind that is obscene or that--
[[Page 112 STAT. 2681-739]]
``(A) the average person, applying contemporary
community standards, would find, taking the material as
a whole and with respect to minors, is designed to
appeal to, or is designed to pander to, the prurient
interest;
``(B) depicts, describes, or represents, in a manner
patently offensive with respect to minors, an actual or
simulated sexual act or sexual contact, an actual or
simulated normal or perverted sexual act, or a lewd
exhibition of the genitals or post-pubescent female
breast; and
``(C) taken as a whole, lacks serious literary,
artistic, political, or scientific value for minors.
``(7) Minor.--The term `minor' means any person under 17
years of age.''.
SEC. 1404. NOTICE REQUIREMENT.
(a) Notice.--Section 230 of the Communications Act of 1934 (47
U.S.C. 230) is amended--
(1) in subsection (d)(1), by inserting ``or 231'' after
``section 223'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following new
subsection:
``(d) Obligations of Interactive Computer Service.--A provider of
interactive computer service shall, at the time of entering an agreement
with a customer for the provision of interactive computer service and in
a manner deemed appropriate by the provider, notify such customer that
parental control protections (such as computer hardware, software, or
filtering services) are commercially available that may assist the
customer in limiting access to material that is harmful to minors. Such
notice shall identify, or provide the customer with access to
information identifying, current providers of such protections.''.
(b) Conforming Amendment.--Section 223(h)(2) of the Communications
Act of 1934 (47 U.S.C. 223(h)(2)) is amended by striking ``230(e)(2)''
and inserting ``230(f)(2)''.
SEC. 1405. <> STUDY BY COMMISSION ON ONLINE
CHILD PROTECTION.
(a) Establishment.--There is hereby established a temporary
Commission to be known as the Commission on Online Child Protection (in
this section referred to as the ``Commission'') for the purpose of
conducting a study under this section regarding methods to help reduce
access by minors to material that is harmful to minors on the Internet.
(b) Membership.--The Commission shall be composed of 19 members,
as follows:
(1) Industry members.--The Commission shall include--
(A) 2 members who are engaged in the business of
providing Internet filtering or blocking services or
software;
(B) 2 members who are engaged in the business of
providing Internet access services;
(C) 2 members who are engaged in the business of
providing labeling or ratings services;
(D) 2 members who are engaged in the business of
providing Internet portal or search services;
(E) 2 members who are engaged in the business of
providing domain name registration services;
[[Page 112 STAT. 2681-740]]
(F) 2 members who are academic experts in the field
of technology; and
(G) 4 members who are engaged in the business of
making content available over the Internet.
Of the members of the Commission by reason of each
subparagraph of this paragraph, an equal number shall be
appointed by the Speaker of the House of Representatives and by
the Majority Leader of the Senate.
(2) Ex officio members.--The Commission shall include the
following officials:
(A) The Assistant Secretary (or the Assistant
Secretary's designee).
(B) The Attorney General (or the Attorney General's
designee).
(C) The Chairman of the Federal Trade Commission (or
the Chairman's designee).
(c) Study.--
(1) In general.--The Commission shall conduct a study to
identify technological or other methods that--
(A) will help reduce access by minors to material
that is harmful to minors on the Internet; and
(B) may meet the requirements for use as affirmative
defenses for purposes of section 231(c) of the
Communications Act of 1934 (as added by this title).
Any methods so identified shall be used as the basis for
making legislative recommendations to the Congress under
subsection (d)(3).
(2) Specific methods.--In carrying out the study, the
Commission shall identify and analyze various technological
tools and methods for protecting minors from material that is
harmful to minors, which shall include (without limitation)--
(A) a common resource for parents to use to help
protect minors (such as a ``one-click-away'' resource);
(B) filtering or blocking software or services;
(C) labeling or rating systems;
(D) age verification systems;
(E) the establishment of a domain name for posting
of any material that is harmful to minors; and
(F) any other existing or proposed technologies or
methods for reducing access by minors to such material.
(3) Analysis.--In analyzing technologies and other methods
identified pursuant to paragraph (2), the Commission shall
examine--
(A) the cost of such technologies and methods;
(B) the effects of such technologies and methods on
law enforcement entities;
(C) the effects of such technologies and methods on
privacy;
(D) the extent to which material that is harmful to
minors is globally distributed and the effect of such
technologies and methods on such distribution;
(E) the accessibility of such technologies and
methods to parents; and
(F) such other factors and issues as the Commission
considers relevant and appropriate.
(d) Report.--Not later than 1 year after the enactment of this Act,
the Commission shall submit a report to the Congress
[[Page 112 STAT. 2681-741]]
containing the results of the study under this section, which shall
include--
(1) a description of the technologies and methods identified
by the study and the results of the analysis of each such
technology and method;
(2) the conclusions and recommendations of the Commission
regarding each such technology or method;
(3) recommendations for legislative or administrative
actions to implement the conclusions of the committee; and
(4) a description of the technologies or methods identified
by the study that may meet the requirements for use as
affirmative defenses for purposes of section 231(c) of the
Communications Act of 1934 (as added by this title).
(e) Staff and Resources.--The Assistant Secretary for Communication
and Information of the Department of Commerce shall provide to the
Commission such staff and resources as the Assistant Secretary
determines necessary for the Commission to perform its duty efficiently
and in accordance with this section.
(f) Termination.--The Commission shall terminate 30 days after the
submission of the report under subsection (d).
(g) Inapplicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
SEC. 1406. <> EFFECTIVE DATE.
This title and the amendments made by this title shall take effect
30 days after the date of enactment of this Act.
TITLE <> XV--VACCINE INJURY COMPENSATION PROGRAM MODIFICATION ACT
SECTION 1501. SHORT TITLE.
This title may be cited as the ``Vaccine Injury Compensation Program
Modification Act''.
SEC. 1502. ELIMINATION OF THRESHOLD REQUIREMENT OF UNREIMBURSABLE
EXPENSES.
Section 2111(c)(1)(D)(i) of the Public Health Service Act (42 U.S.C.
300aa-11(c)(1)(D)(i)) is amended by striking ``and incurred
unreimbursable expenses due in whole or in part to such illness,
disability, injury, or condition in an amount greater than $1,000''.
SEC. 1503. INCLUSION OF ROTAVIRUS GASTROENTERITIS AS A TAXABLE VACCINE.
(a) In General.--Section 4132(1) of the Internal Revenue Code of
1986 <> (defining taxable vaccine) is amended by
adding at the end the following new subparagraph:
``(K) Any vaccine against rotavirus
gastroenteritis.''.
<> (b) Effective Date.--
(1) Sales.--The amendment made by this section shall apply
to sales after the date of the enactment of this Act.
(2) Deliveries.--For purposes of paragraph (1), in the case
of sales on or before the date of the enactment of this Act for
which delivery is made after such date, the delivery date shall
be considered the sale date.
SEC. 1504. VACCINE INJURY COMPENSATION TRUST FUND.
(a) Amendments Related to Section 904 of 1997 Act.--
[[Page 112 STAT. 2681-742]]
(1) Paragraph (1) of section 9510(c) of the 1986
Code <> is amended to read as follows:
``(1) In general.--Amounts in the Vaccine Injury
Compensation Trust Fund shall be available, as provided in
appropriation Acts, only for--
``(A) the payment of compensation under subtitle 2
of title XXI of the Public Health Service Act (as in
effect on August 6, 1997) for vaccine-related injury or
death with respect to any vaccine--
``(i) which is administered after September
30, 1988, and
``(ii) which is a taxable vaccine (as defined
in section 4132(a)(1)) at the time the vaccine was
administered, or
``(B) the payment of all expenses of administration
incurred by the Federal Government in administering such
subtitle.''.
(2) Section 9510(b) of the 1986 Code is amended by adding at
the end the following new paragraph:
``(3) Limitation on transfers to vaccine injury compensation
trust fund.--No amount may be appropriated to the Vaccine Injury
Compensation Trust Fund on and after the date of any expenditure
from the Trust Fund which is not permitted by this section. The
determination of whether an expenditure is so permitted shall be
made without regard to--
``(A) any provision of law which is not contained or
referenced in this title or in a revenue Act, and
``(B) whether such provision of law is a
subsequently enacted provision or directly or indirectly
seeks to waive the application of this paragraph.''.
<> (b) Effective Date.--The amendments
made by this section shall take effect as if included in the provisions
of the Taxpayer Relief Act of 1997 to which they relate.
TITLE <> XVI--SERVICE
CONNECTION FOR PERSIAN GULF WAR ILLNESSES
SEC. 1601. <> SHORT TITLE.
This title may be cited as the ``Persian Gulf War Veterans Act of
1998''.
SEC. 1602. PRESUMPTION OF SERVICE CONNECTION FOR ILLNESSES ASSOCIATED
WITH SERVICE IN THE PERSIAN GULF DURING THE PERSIAN GULF
WAR.
(a) In General.--(1) Subchapter II of chapter 11 of title 38, United
States Code, is amended by adding at the end the following:
``Sec. 1118. Presumptions of service connection for illnesses associated
with service in the Persian Gulf during the
Persian Gulf War
``(a)(1) For purposes of section 1110 of this title, and subject to
section 1113 of this title, each illness, if any, described in paragraph
(2) shall be considered to have been incurred in or aggravated by
service referred to in that paragraph, notwithstanding that there is no
record of evidence of such illness during the period of such service.
[[Page 112 STAT. 2681-743]]
``(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
[[Page 112 STAT. 2681-744]]
under section 1603 of the Persian Gulf War Veterans Act of 1998, the
Secretary shall determine whether or not a presumption of service
connection is warranted for each illness, if any, covered by the report.
``(2) <> 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):
[[Page 112 STAT. 2681-745]]
``(c)(1) Whenever the Secretary determines under section 1118(c) of
this title that a presumption of service connection for an undiagnosed
illness (or combination of undiagnosed illnesses) previously established
under this section is no longer warranted--
``(A) a veteran who was awarded compensation under this
section for such illness (or combination of illnesses) on the
basis of the presumption shall continue to be entitled to
receive compensation under this section on that basis; and
``(B) a survivor of a veteran who was awarded dependency and
indemnity compensation for the death of a veteran resulting from
the disease on the basis of the presumption before that date
shall continue to be entitled to receive dependency and
indemnity compensation on that basis.
``(2) <> This subsection shall cease to be
effective 10 years after the first day of the fiscal year in which the
National Academy of Sciences submits to the Secretary the first report
under section 1603 of the Persian Gulf War Veterans Act of 1998.''.
SEC. 1603. <> AGREEMENT WITH NATIONAL ACADEMY
OF SCIENCES.
(a) Purpose.--The purpose of this section is to provide for the
National Academy of Sciences, an independent nonprofit scientific
organization with appropriate expertise, to review and evaluate the
available scientific evidence regarding associations between illnesses
and exposure to toxic agents, environmental or wartime hazards, or
preventive medicines or vaccines associated with Gulf War service.
(b) Agreement.--The Secretary of Veterans Affairs shall seek to
enter into an agreement with the National Academy of Sciences for the
Academy to perform the activities covered by this section. The Secretary
shall seek to enter into the agreement not later than two months after
the date of enactment of this Act.
(c) Identification of Agents and Illnesses.--(1) Under the agreement
under subsection (b), the National Academy of Sciences shall--
(A) identify the biological, chemical, or other toxic
agents, environmental or wartime hazards, or preventive
medicines or vaccines to which members of the Armed Forces who
served in the Southwest Asia theater of operations during the
Persian Gulf War may have been exposed by reason of such
service; and
(B) identify the illnesses (including diagnosed illnesses
and undiagnosed illnesses) that are manifest in such members.
(2) In identifying illnesses under paragraph (1)(B), the Academy
shall review and summarize the relevant scientific evidence regarding
illnesses among the members described in paragraph (1)(A) and among
other appropriate populations of individuals, including mortality,
symptoms, and adverse reproductive health outcomes among such members
and individuals.
(d) Initial Consideration of Specific Agents.--(1) In identifying
under subsection (c) the agents, hazards, or preventive medicines or
vaccines to which members of the Armed Forces may have been exposed for
purposes of the first report under subsection (i), the National Academy
of Sciences shall consider, within the first six months after the date
of enactment of this Act, the following:
(A) The following organophosphorous pesticides:
(i) Chlorpyrifos.
[[Page 112 STAT. 2681-746]]
(ii) Diazinon.
(iii) Dichlorvos.
(iv) Malathion.
(B) The following carbamate pesticides:
(i) Proxpur.
(ii) Carbaryl.
(iii) Methomyl.
(C) The carbamate pyridostigmine bromide used as nerve agent
prophylaxis.
(D) The following chlorinated hydrocarbon and other
pesticides and repellents:
(i) Lindane.
(ii) Pyrethrins.
(iii) Permethrins.
(iv) Rodenticides (bait).
(v) Repellent (DEET).
(E) The following low-level nerve agents and precursor
compounds at exposure levels below those which produce
immediately apparent incapacitating symptoms:
(i) Sarin.
(ii) Tabun.
(F) The following synthetic chemical compounds:
(i) Mustard agents at levels below those which cause
immediate blistering.
(ii) Volatile organic compounds.
(iii) Hydrazine.
(iv) Red fuming nitric acid.
(v) Solvents.
(vi) Uranium.
(G) The following ionizing radiation:
(i) Depleted uranium.
(ii) Microwave radiation.
(iii) Radio frequency radiation.
(H) The following environmental particulates and pollutants:
(i) Hydrogen sulfide.
(ii) Oil fire byproducts.
(iii) Diesel heater fumes.
(iv) Sand micro-particles.
(I) Diseases endemic to the region (including the
following):
(i) Leishmaniasis.
(ii) Sandfly fever.
(iii) Pathogenic escherechia coli.
(iv) Shigellosis.
(J) Time compressed administration of multiple live,
`attenuated', and toxoid vaccines.
(2) The consideration of agents, hazards, and medicines and vaccines
under paragraph (1) shall not preclude the Academy from identifying
other agents, hazards, or medicines or vaccines to which members of the
Armed Forces may have been exposed for purposes of any report under
subsection (i).
(3) <> Not later than six months after the date of
enactment of this Act, the Academy shall submit to the designated
congressional committees a report specifying the agents, hazards, and
medicines and vaccines considered under paragraph (1).
(e) Determinations of Associations Between Agents and Illnesses.--
(1) For each agent, hazard, or medicine or vaccine
[[Page 112 STAT. 2681-747]]
and illness identified under subsection (c), the National Academy of
Sciences shall determine, to the extent that available scientific data
permit meaningful determinations--
(A) whether a statistical association exists between
exposure to the agent, hazard, or medicine or vaccine and the
illness, taking into account the strength of the scientific
evidence and the appropriateness of the scientific methodology
used to detect the association;
(B) the increased risk of the illness among human or animal
populations exposed to the agent, hazard, or medicine or
vaccine; and
(C) whether a plausible biological mechanism or other
evidence of a causal relationship exists between exposure to the
agent, hazard, or medicine or vaccine and the illness.
(2) The Academy shall include in its reports under subsection (i) a
full discussion of the scientific evidence and reasoning that led to its
conclusions under this subsection.
(f) Review of Potential Treatment Models for Certain Illnesses.--
Under the agreement under subsection (b), the National Academy of
Sciences shall separately review, for each chronic undiagnosed illness
identified under subsection (c)(1)(B) and for any other chronic illness
that the Academy determines to warrant such review, the available
scientific data in order to identify empirically valid models of
treatment for such illnesses which employ successful treatment
modalities for populations with similar symptoms.
(g) Recommendations for Additional Scientific Studies.--(1) Under
the agreement under subsection (b), the National Academy of Sciences
shall make any recommendations that it considers appropriate for
additional scientific studies (including studies relating to treatment
models) to resolve areas of continuing scientific uncertainty relating
to the health consequences of exposure to toxic agents, environmental or
wartime hazards, or preventive medicines or vaccines associated with
Gulf War service.
(2) In making recommendations for additional studies, the Academy
shall consider the available scientific data, the value and relevance of
the information that could result from such studies, and the cost and
feasibility of carrying out such studies.
(h) Subsequent Reviews.--(1) Under the agreement under subsection
(b), the National Academy of Sciences shall conduct on a periodic and
ongoing basis additional reviews of the evidence and data relating to
its activities under this section.
(2) As part of each review under this subsection, the Academy
shall--
(A) conduct as comprehensive a review as is practicable of
the evidence referred to in subsection (c) and the data referred
to in subsections (e), (f), and (g) that became available since
the last review of such evidence and data under this section;
and
(B) make determinations under the subsections referred to in
subparagraph (A) on the basis of the results of such review and
all other reviews previously conducted for purposes of this
section.
(i) Reports.--(1) Under the agreement under subsection (b), the
National Academy of Sciences shall submit to the committees and
officials referred to in paragraph (5) periodic written reports
regarding the Academy's activities under the agreement.
[[Page 112 STAT. 2681-748]]
(2) The first report under paragraph (1) shall be submitted not
later than 18 months after the date of enactment of this Act. That
report shall include--
(A) the determinations and discussion referred to in
subsection (e);
(B) the results of the review of models of treatment under
subsection (f); and
(C) any recommendations of the Academy under subsection (g).
(3) Reports shall be submitted under this subsection at least once
every two years, as measured from the date of the report under paragraph
(2).
(4) In any report under this subsection (other than the report under
paragraph (2)), the Academy may specify an absence of meaningful
developments in the scientific or medical community with respect to the
activities of the Academy under this section during the 2-year period
ending on the date of such report.
(5) Reports under this subsection shall be submitted to the
following:
(A) The designated congressional committees.
(B) The Secretary of Veterans Affairs.
(C) The Secretary of Defense.
(j) Sunset.--This section shall cease to be effective 10 years
after the last day of the fiscal year in which the National Academy of
Sciences submits the first report under subsection (i).
(k) Alternative Contract Scientific Organization.--(1) If the
Secretary is unable within the time period set forth in subsection (b)
to enter into an agreement with the National Academy of Sciences for the
purposes of this section on terms acceptable to the Secretary, the
Secretary shall seek to enter into an agreement for purposes of this
section with another appropriate scientific organization that is not
part of the Government, operates as a not-for-profit entity, and has
expertise and objectivity comparable to that of the National Academy of
Sciences.
(2) If the Secretary enters into an agreement with another
organization under this subsection, any reference in this section and
section 1118 of title 38, United States Code (as added by section
1602(a)), to the National Academy of Sciences shall be treated as a
reference to such other organization.
SEC. 1604. <> REPEAL OF INCONSISTENT PROVISIONS
OF LAW.
In the event of the enactment, before, on, or after the date of
the enactment of this Act, of section 101 of the Veterans Programs
Enhancement Act of 1998, or any similar provision of law enacted during
the second session of the 105th Congress requiring an agreement with the
National Academy of Sciences regarding an evaluation of health
consequences of service in Southwest Asia during the Persian Gulf War,
such section 101 (or other provision of law) shall be treated as if
never enacted, and shall have no force or effect.
SEC. 1605. <> DEFINITIONS.
In this title:
(1) The term ``toxic agent, environmental or wartime hazard,
or preventive medicine or vaccine associated with Gulf War
service'' means a biological, chemical, or other toxic agent,
environmental or wartime hazard, or preventive medicine or
vaccine that is known or presumed to be associated with service
[[Page 112 STAT. 2681-749]]
in the Armed Forces in the Southwest Asia theater of operations
during the Persian Gulf War, whether such association arises as
a result of single, repeated, or sustained exposure and whether
such association arises through exposure singularly or in
combination.
(2) The term ``designated congressional committees'' means
the following:
(A) The Committees on Veterans' Affairs and Armed
Services of the Senate.
(B) The Committees on Veterans' Affairs and National
Security of the House of Representatives.
(3) The term ``Persian Gulf War'' has the meaning given that
term in section 101(33) of title 38, United States Code.
TITLE <> XVII--GOVERNMENT PAPERWORK ELIMINATION ACT
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Government Paperwork Elimination
Act''.
SEC. 1702. AUTHORITY OF OMB TO PROVIDE FOR ACQUISITION AND USE OF
ALTERNATIVE INFORMATION TECHNOLOGIES BY EXECUTIVE AGENCIES.
Section 3504(a)(1)(B)(vi) of title 44, United States Code, is
amended to read as follows:
``(vi) the acquisition and use of information
technology, including alternative information
technologies that provide for electronic
submission, maintenance, or disclosure of
information as a substitute for paper and for the
use and acceptance of electronic signatures.''.
SEC. 1703. PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES BY
EXECUTIVE AGENCIES.
(a) In General.--In order to fulfill the responsibility to
administer the functions assigned under chapter 35 of title 44, United
States Code, the provisions of the Clinger-Cohen Act of 1996 (divisions
D and E of Public Law 104-106) and the amendments made by that Act, and
the provisions of this title, the Director of the Office of Management
and Budget shall, in consultation with the National Telecommunications
and Information Administration and not later than 18 months after the
date of enactment of this Act, develop procedures for the use and
acceptance of electronic signatures by Executive agencies.
(b) Requirements for Procedures.--(1) The procedures developed
under subsection (a)--
(A) shall be compatible with standards and technology for
electronic signatures that are generally used in commerce and
industry and by State governments;
(B) may not inappropriately favor one industry or
technology;
(C) shall ensure that electronic signatures are as reliable
as is appropriate for the purpose in question and keep intact
the information submitted;
(D) shall provide for the electronic acknowledgment of
electronic forms that are successfully submitted; and
(E) shall, to the extent feasible and appropriate, require
an Executive agency that anticipates receipt by electronic
[[Page 112 STAT. 2681-750]]
means of 50,000 or more submittals of a particular form to take
all steps necessary to ensure that multiple methods of
electronic signatures are available for the submittal of such
form.
(2) The Director shall ensure the compatibility of the procedures
under paragraph (1)(A) in consultation with appropriate private bodies
and State government entities that set standards for the use and
acceptance of electronic signatures.
SEC. 1704. DEADLINE FOR IMPLEMENTATION BY EXECUTIVE AGENCIES OF
PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES.
In order to fulfill the responsibility to administer the functions
assigned under chapter 35 of title 44, United States Code, the
provisions of the Clinger-Cohen Act of 1996 (divisions D and E of Public
Law 104-106) and the amendments made by that Act, and the provisions of
this title, the Director of the Office of Management and Budget shall
ensure that, commencing not later than five years after the date of
enactment of this Act, Executive agencies provide--
(1) for the option of the electronic maintenance,
submission, or disclosure of information, when practicable as a
substitute for paper; and
(2) for the use and acceptance of electronic signatures,
when practicable.
SEC. 1705. ELECTRONIC STORAGE AND FILING OF EMPLOYMENT FORMS.
In order to fulfill the responsibility to administer the functions
assigned under chapter 35 of title 44, United States Code, the
provisions of the Clinger-Cohen Act of 1996 (divisions D and E of Public
Law 104-106) and the amendments made by that Act, and the provisions of
this title, the Director of the Office of Management and Budget shall,
not later than 18 months after the date of enactment of this Act,
develop procedures to permit private employers to store and file
electronically with Executive agencies forms containing information
pertaining to the employees of such employers.
SEC. 1706. STUDY ON USE OF ELECTRONIC SIGNATURES.
(a) Ongoing Study Required.--In order to fulfill the responsibility
to administer the functions assigned under chapter 35 of title 44,
United States Code, the provisions of the Clinger-Cohen Act of 1996
(divisions D and E of Public Law 104-106) and the amendments made by
that Act, and the provisions of this title, the Director of the Office
of Management and Budget shall, in cooperation with the National
Telecommunications and Information Administration, conduct an ongoing
study of the use of electronic signatures under this title on--
(1) paperwork reduction and electronic commerce;
(2) individual privacy; and
(3) the security and authenticity of transactions.
(b) Reports.--The Director shall submit to Congress on a periodic
basis a report describing the results of the study carried out under
subsection (a).
[[Page 112 STAT. 2681-751]]
SEC. 1707. ENFORCEABILITY AND LEGAL EFFECT OF ELECTRONIC RECORDS.
Electronic records submitted or maintained in accordance with
procedures developed under this title, or electronic signatures or other
forms of electronic authentication used in accordance with such
procedures, shall not be denied legal effect, validity, or
enforceability because such records are in electronic form.
SEC. 1708. DISCLOSURE OF INFORMATION.
Except as provided by law, information collected in the provision of
electronic signature services for communications with an executive
agency, as provided by this title, shall only be used or disclosed by
persons who obtain, collect, or maintain such information as a business
or government practice, for the purpose of facilitating such
communications, or with the prior affirmative consent of the person
about whom the information pertains.
SEC. 1709. APPLICATION WITH INTERNAL REVENUE LAWS.
No provision of this title shall apply to the Department of the
Treasury or the Internal Revenue Service to the extent that such
provision--
(1) involves the administration of the internal revenue
laws; or
(2) conflicts with any provision of the Internal Revenue
Service Restructuring and Reform Act of 1998 or the Internal
Revenue Code of 1986.
SEC. 1710. DEFINITIONS.
For purposes of this title:
(1) Electronic signature.--The term ``electronic signature''
means a method of signing an electronic message that--
(A) identifies and authenticates a particular person
as the source of the electronic message; and
(B) indicates such person's approval of the
information contained in the electronic message.
(2) Executive agency.--The term ``Executive agency'' has the
meaning given that term in section 105 of title 5, United States
Code.
DIVISION <> D--DRUG
DEMAND REDUCTION ACT
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Drug Demand
Reduction Act''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 1. Short title; table of contents.
TITLE I--TARGETED SUBSTANCE ABUSE PREVENTION AND TREATMENT PROGRAMS
Subtitle A--National Youth Anti-Drug Media Campaign
Sec. 101. Short title.
Sec. 102. Requirement <> to conduct national media
campaign.
Sec. 103. Use of funds.
Sec. 104. Reports to Congress.
Sec. 105. Authorization of appropriations.
Subtitle B--Drug-Free Prisons and Jails
Sec. 111. Short title.
[[Page 112 STAT. 2681-752]]
Sec. 112. Purpose.
Sec. 113. Program authorization.
Sec. 114. Grant application.
Sec. 115. Uses of funds.
Sec. 116. Evaluation and recommendation report to Congress.
Sec. 117. Definitions.
Sec. 118. Authorization of appropriations.
Subtitle C--Drug-Free Schools Quality Assurance
Sec. 121. Short title.
Sec. 122. Amendment to Safe and Drug-Free Schools and Communities Act.
TITLE II--STATEMENT OF NATIONAL ANTIDRUG POLICY
Subtitle A--Congressional Leadership in Community Coalitions
Sec. 201. Sense of Congress.
Subtitle B--Rejection of Legalization of Drugs
Sec. 211. Sense of Congress.
Subtitle C--Report on Streamlining Federal Prevention and Treatment
Efforts
Sec. 221. Report on streamlining Federal prevention and treatment
efforts.
TITLE <> I--TARGETED
SUBSTANCE ABUSE PREVENTION AND TREATMENT PROGRAMS
Subtitle A--National Youth Anti-Drug Media Campaign
SEC. 101. <> SHORT TITLE.
This subtitle may be cited as the ``Drug-Free Media Campaign Act of
1998''.
SEC. 102. <> REQUIREMENT TO CONDUCT NATIONAL MEDIA
CAMPAIGN.
(a) In General.--The Director of the Office of National Drug Control
Policy (in this subtitle referred to as the ``Director'') shall conduct
a national media campaign in accordance with this subtitle for the
purpose of reducing and preventing drug abuse among young people in the
United States.
(b) Local Target Requirement.--The Director shall, to the maximum
extent feasible, use amounts made available to carry out this subtitle
under section 105 for media that focuses on, or includes specific
information on, prevention or treatment resources for consumers within
specific local areas.
SEC. 103. <> USE OF FUNDS.
(a) Authorized Uses.--
(1) In general.--Amounts made available to carry out this
subtitle for the support of the national media campaign may only
be used for--
(A) the purchase of media time and space;
(B) talent reuse payments;
(C) out-of-pocket advertising production costs;
(D) testing and evaluation of advertising;
(E) evaluation of the effectiveness of the media
campaign;
(F) the negotiated fees for the winning bidder on
request for proposals issued by the Office of National
Drug Control Policy;
(G) partnerships with community, civic, and
professional groups, and government organizations
related to the media campaign; and
[[Page 112 STAT. 2681-753]]
(H) entertainment industry collaborations to fashion
antidrug messages in motion pictures, television
programing, popular music, interactive (Internet and
new) media projects and activities, public information,
news media outreach, and corporate sponsorship and
participation.
(2) Advertising.--In carrying out this subtitle, the
Director shall devote sufficient funds to the advertising
portion of the national media campaign to meet the stated reach
and frequency goals of the campaign.
(b) Prohibitions.--None of the amounts made available under section
105 may be obligated or expended--
(1) to supplant current antidrug community based coalitions;
(2) to supplant current pro bono public service time donated
by national and local broadcasting networks;
(3) for partisan political purposes; or
(4) to fund media campaigns that feature any elected
officials, persons seeking elected office, cabinet level
officials, or other Federal officials employed pursuant to
section 213 of Schedule C of title 5, Code of Federal
Regulations, unless the Director provides advance notice to the
Committees on Appropriations of the House of Representatives and
the Senate, the Committee on Government Reform and Oversight of
the House of Representatives and the Committee on the Judiciary
of the Senate.
(c) Matching Requirement.--Amounts made available under section 105
should be matched by an equal amount of non-Federal funds for the
national media campaign, or be matched with in-kind contributions to the
campaign of the same value.
SEC. 104. <> REPORTS TO CONGRESS.
The Director shall--
(1) submit to Congress on an annual basis a report on the
activities for which amounts made available under section 105
have been obligated during the preceding year, including
information for each quarter of such year, and on the specific
parameters of the national media campaign; and
(2) not later than 1 year after the date of enactment of
this Act, submit to Congress a report on the effectiveness of
the national media campaign based on measurable outcomes
provided to Congress previously.
SEC. 105. <> AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Office of National
Drug Control Policy to carry out this subtitle $195,000,000 for each of
fiscal years 1999 through 2002.
Subtitle <> B--Drug-Free Prisons and Jails
SEC. 111. SHORT TITLE.
This subtitle may be cited as the ``Drug-Free Prisons and Jails Act
of 1998''.
SEC. 112. PURPOSE.
The purpose of this subtitle is to provide for the establishment of
model programs for comprehensive treatment of substance-involved
offenders in the criminal justice system to reduce drug abuse and drug-
related crime, and reduce the costs of the criminal
[[Page 112 STAT. 2681-754]]
justice system, that can be successfully replicated by States and local
units of government through a comprehensive evaluation.
SEC. 113. PROGRAM AUTHORIZATION.
(a) Establishment.--The Director of the Bureau of Justice Assistance
shall establish a model substance abuse treatment program for substance-
involved offenders by--
(1) providing financial assistance to grant recipients
selected in accordance with section 114(b); and
(2) evaluating the success of programs conducted pursuant to
this subtitle.
(b) Grant Awards.--The Director may award not more than 5 grants to
units of local government and not more than 5 grants to States.
(c) Administrative Costs.--Not more than 5 percent of a grant award
made pursuant to this subtitle may be used for administrative costs.
SEC. 114. GRANT APPLICATION.
(a) Contents.--An application submitted by a unit of local
government or a State for a grant award under this subtitle shall
include each of the following:
(1) Strategy.--A strategy to coordinate programs and
services for substance-involved offenders provided by the unit
of local government or the State, as the case may be, developed
in consultation with representatives from all components of the
criminal justice system within the jurisdiction, including
judges, law enforcement personnel, prosecutors, corrections
personnel, probation personnel, parole personnel, substance
abuse treatment personnel, and substance abuse prevention
personnel.
(2) Certification.--A certification that--
(A) Federal funds made available under this subtitle
will not be used to supplant State or local funds, but
will be used to increase the amounts of such funds that
would, in the absence of Federal funds, be made
available for law enforcement activities; and
(B) the programs developed pursuant to this subtitle
meet all requirements of this subtitle.
(b) Review and Approval.--Subject to section 113(b), the Director
shall approve applications and make grant awards to units of local
governments and States that show the most promise for accomplishing the
purposes of this subtitle consistent with the provisions of section 115.
SEC. 115. USES OF FUNDS.
A unit of local government or State that receives a grant award
under this subtitle shall use such funds to provide comprehensive
treatment programs to inmates in prisons or jails, including not less
than 3 of the following:
(1) Tailored treatment programs to meet the special needs of
different types of substance-involved offenders.
(2) Random and frequent drug testing, including a system of
sanctions.
(3) Training and assistance for corrections officers and
personnel to assist substance-involved offenders in correctional
facilities.
[[Page 112 STAT. 2681-755]]
(4) Clinical assessment of incoming substance-involved
offenders.
(5) Availability of religious and spiritual activity and
counseling to provide an environment that encourages recovery
from substance involvement in correctional facilities.
(6) Education and vocational training.
(7) A substance-free correctional facility policy.
SEC. 116. EVALUATION AND RECOMMENDATION REPORT TO CONGRESS.
(a) Evaluation.--
<> (1) In general.--The Director shall
enter into a contract, with an evaluating agency that has
demonstrated experience in the evaluation of substance abuse
treatment, to conduct an evaluation that incorporates the
criteria described in paragraph (2).
(2) Evaluation criteria.--The Director, in consultation with
the Directors of the appropriate National Institutes of Health,
shall establish minimum criteria for evaluating each program.
Such criteria shall include--
(A) reducing substance abuse among participants;
(B) reducing recidivism among participants;
(C) cost effectiveness of providing services to
participants; and
(D) a data collection system that will produce data
comparable to that used by the Office of Applied Studies
of the Substance Abuse and Mental Health Services
Administration and the Bureau of Justice Statistics of
the Office of Justice Programs.
(b) Report.--The Director shall submit to the appropriate
committees, at the same time as the President's budget for fiscal year
2001 is submitted, a report that--
(1) describes the activities funded by grant awards under
this subtitle;
(2) includes the evaluation submitted pursuant to subsection
(a); and
(3) makes recommendations regarding revisions to the
authorization of the program, including extension, expansion,
application requirements, reduction, and termination.
SEC. 117. DEFINITIONS.
In this subtitle:
(1) Appropriate committees.--The term ``appropriate
committees'' means the Committees on the Judiciary and the
Committees on Appropriations of the House of Representatives and
the Senate.
(2) Director.--The term ``Director'' means the Director of
the Bureau of Justice Assistance.
(3) Substance-involved offender.--The term ``substance-
involved offender'' means an individual under the supervision of
a State or local criminal justice system, awaiting trial or
serving a sentence imposed by the criminal justice system, who--
(A) violated or has been arrested for violating a
drug or alcohol law;
(B) was under the influence of alcohol or an illegal
drug at the time the crime was committed;
(C) stole property to buy illegal drugs; or
[[Page 112 STAT. 2681-756]]
(D) has a history of substance abuse and addiction.
(4) Unit of local government.--The term ``unit of local
government'' means any city, county, township, town, borough,
parish, village, or other general purpose political subdivision
of a State, an Indian tribe which performs law enforcement
functions as determined by the Secretary of the Interior and any
agency of the District of Columbia government or the United
States Government performing law enforcement functions in and
for the District of Columbia, and the Trust Territory of the
Pacific Islands.
SEC. 118. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this subtitle from the Violent Crime Reduction Trust Fund as
authorized by title 31 of the Violent Crime and Control and Law
Enforcement Act of 1994 (42 U.S.C. 14211)--
(1) for fiscal year 1999, $30,000,000; and
(2) for fiscal year 2000, $20,000,000.
(b) Reservation.--The Director may reserve each fiscal year not more
than 20 percent of the funds appropriated pursuant to subsection (a) for
activities required under section 116.
Subtitle <> C--Drug-Free Schools Quality Assurance
SEC. 121. SHORT TITLE.
This subtitle may be cited as the ``Drug-Free Schools Quality
Assurance Act''.
SEC. 122. AMENDMENT TO SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT.
Subpart 3 of title IV of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7141 et seq.) is amended by adding at the end the
following:
``SEC. 4134. <> QUALITY RATING.
``(a) In General.--The chief executive officer of each State, or in
the case of a State in which the constitution or law of such State
designates another individual, entity, or agency in the State to be
responsible for education activities, such individual, entity, or
agency, is authorized and encouraged--
``(1) to establish a standard of quality for drug, alcohol,
and tobacco prevention programs implemented in public elementary
schools and secondary schools in the State in accordance with
subsection (b); and
``(2) to identify and designate, upon application by a
public elementary school or secondary school, any such school
that achieves such standard as a quality program school.
``(b) Criteria.--The standard referred to in subsection (a) shall
address, at a minimum--
``(1) a comparison of the rate of illegal use of drugs,
alcohol, and tobacco by students enrolled in the school for a
period of time to be determined by the chief executive officer
of the State;
``(2) the rate of suspensions or expulsions of students
enrolled in the school for drug, alcohol, or tobacco-related
offenses;
``(3) the effectiveness of the drug, alcohol, or tobacco
prevention program as proven by research;
[[Page 112 STAT. 2681-757]]
``(4) the involvement of parents and community members in
the design of the drug, alcohol, and tobacco prevention program;
and
``(5) the extent of review of existing community drug,
alcohol, and tobacco prevention programs before implementation
of the public school program.
``(c) Request for Quality Program School Designation.--A school that
wishes to receive a quality program school designation shall submit a
request and documentation of compliance with this section to the chief
executive officer of the State or the individual, entity, or agency
described in subsection (a), as the case may be.
``(d) Public Notification.--Not less than once a year, the chief
executive officer of each State or the individual, entity, or agency
described in subsection (a), as the case may be, shall make available to
the public a list of the names of each public school in the State that
has received a quality program school designation in accordance with
this section.''.
TITLE II--STATEMENT OF NATIONAL ANTIDRUG POLICY
Subtitle A--Congressional Leadership in Community Coalitions
SEC. 201. SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Illegal drug use is dangerous to the physical well-being
of the Nation's youth.
(2) Illegal drug use can destroy the lives of the Nation's
youth by diminishing their sense of morality and with it
everything in life that is important and worthwhile.
(3) According to recently released national surveys, drug
use among the Nation's youth remains at alarmingly high levels.
(4) National leadership is critical to conveying to the
Nation's youth the message that drug use is dangerous and wrong.
(5) National leadership can help mobilize every sector of
the community to support the implementation of comprehensive,
sustainable, and effective programs to reduce drug abuse.
(6) As of September 1, 1998, 76 Members of the House of
Representatives were establishing community-based antidrug
coalitions in their congressional districts or were actively
supporting such coalitions that already existed.
(7) The individual Members of the House of Representatives
can best help their constituents prevent drug use among the
Nation's youth by establishing community-based antidrug
coalitions in their congressional districts or by actively
supporting such coalitions that already exist.
(b) Sense of Congress.--It is the sense of Congress that the
individual Members of the House of Representatives, including the
Delegates and the Resident Commissioner, should establish community-
based antidrug coalitions in their congressional districts or should
actively support any such coalitions that have been established.
[[Page 112 STAT. 2681-758]]
Subtitle B--Rejection of Legalization of Drugs
SEC. 211. SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Illegal drug use is harmful and wrong.
(2) Illegal drug use can kill the individuals involved or
cause the individuals to hurt or kill others, and such use
strips the individuals of their moral sense.
(3) The greatest threat presented by such use is to the
youth of the United States, who are illegally using drugs in
increasingly greater numbers.
(4) The people of the United States are more concerned about
illegal drug use and crimes associated with such use than with
any other current social problem.
(5) Efforts to legalize or otherwise legitimize drug use
present a message to the youth of the United States that drug
use is acceptable.
(6) Article VI, clause 2 of the Constitution of the United
States states that ``[t]his Constitution, and the laws of the
United States which shall be made in pursuance thereof; and all
treaties made, or which shall be made, under the authority of
the United States, shall be the supreme law of the land; and
judges in every state shall be bound thereby, any thing in the
Constitution or laws of any state to the contrary
notwithstanding.''.
(7) The courts of the United States have repeatedly found
that any State law that conflicts with a Federal law or treaty
is preempted by such law or treaty.
(8) The Controlled Substances Act (21 U.S.C. 801 et seq.)
strictly regulates the use and possession of drugs.
(9) The United Nations Convention Against Illicit Traffic in
Narcotic Drugs and Psychotrophic Substances Treaty similarly
regulates the use and possession of drugs.
(10) Any attempt to authorize under State law an activity
prohibited under such Treaty or the Controlled Substances Act
would conflict with that Treaty or Act.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the several States, and the citizens of such States,
should reject the legalization of drugs through legislation,
ballot proposition, constitutional amendment, or any other
means; and
(2) each State should make efforts to be a drug-free State.
Subtitle C--Report on Streamlining Federal Prevention and Treatment
Efforts
SEC. 221. REPORT ON STREAMLINING FEDERAL <> PREVENTION AND TREATMENT EFFORTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the efforts of the Federal Government to reduce the
demand for illegal drugs in the United States are frustrated by
the fragmentation of those efforts across multiple departments
and agencies; and
(2) improvement of those efforts can best be achieved
through consolidation and coordination.
(b) Report Requirement.--
[[Page 112 STAT. 2681-759]]
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Director of the Office of National
Drug Control Policy shall prepare and submit to the appropriate
committees a report evaluating options for increasing the
efficacy of drug prevention and treatment programs and
activities by the Federal Government. Such option shall include
the merits of a consolidation of programs into a single agency,
transferring programs from 1 agency to another, and improving
coordinating mechanisms and authorities. The report shall also
include a thorough review of the activities and potential
consolidation of existing Federal drug information
clearinghouses.
(2) Recommendation and explanatory statement.--The study
submitted under paragraph (1) shall identify options that are
determined by the Director to have merit, and an explanation
which options should be implemented.
(3) Authorization of appropriations.--There is authorized to
be appropriated to the Office of National Drug Control Policy to
carry out this subsection $1,000,000 for contracting, policy
research, and related costs.
(c) Appropriate Committees Defined.--In this section, the term
``appropriate committees'' means the Committee on Appropriations, the
Committee on Commerce, and the Committee on Education and the Workforce
of the House of Representatives, and the Committee on Appropriations,
and Committee on Labor and Human Resources of the Senate.
DIVISION <> E--METHAMPHETAMINE TRAFFICKING PENALTY
ENHANCEMENT ACT OF 1998
SECTION 1. SHORT TITLE.
This division may be cited as the ``Methamphetamine Trafficking
Penalty Enhancement Act of 1998''.
SEC. 2. METHAMPHETAMINE PENALTY INCREASES.
(a) Controlled Substances Act.--Section 401(b)(1) of the Controlled
Substances Act (21 U.S.C. 841(b)(1)) is amended--
(1) in subparagraph (A)(viii)--
(A) by striking ``100 grams'' and inserting ``50
grams''; and
(B) by striking ``1 kilogram'' and inserting ``500
grams''; and
(2) in subparagraph (B)(viii)--
(A) by striking ``10 grams'' and inserting ``5
grams''; and
(B) by striking ``100 grams'' and inserting ``50
grams''.
(b) Controlled Substances Import and Export Act.--Section 1010(b) of
the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is
amended--
(1) in paragraph (1)(H)--
(A) by striking ``100 grams'' and inserting ``50
grams''; and
(B) by striking ``1 kilogram'' and inserting ``500
grams''; and
(2) in paragraph (2)(H)--
(A) by striking ``10 grams'' and inserting ``5
grams''; and
(B) by striking ``100 grams'' and inserting ``50
grams''.
[[Page 112 STAT. 2681-760]]
SEC. 3. ADDITIONAL REQUIREMENTS FOR THE USE OF FUNDS UNDER THE VIOLENT
OFFENDER INCARCERATION AND TRUTH-IN-SENTENCING GRANTS
PROGRAM.
Section 20105(b) of the Violent Crime Control and Law Enforcement
Act of 1994 <> is amended to read as follows:
``(b) Additional Requirements.--
``(1) Eligibility for grant.--To be eligible to receive a
grant under section 20103 or section 20104, a State shall--
``(A) provide assurances to the Attorney General
that the State has implemented or will implement not
later than 18 months after the date of the enactment of
this subtitle, policies that provide for the recognition
of the rights of crime victims; and
``(B) subject to the limitation of paragraph (2), no
later than September 1, 2000, consider a program of drug
testing and intervention for appropriate categories of
convicted offenders during periods of incarceration and
post-incarceration and criminal justice supervision,
with sanctions including denial or revocation of release
for positive drug tests, consistent with guidelines
issued by the Attorney General.
``(2) Use of funds.--Beginning in fiscal year 1999, not more
than 10 percent of the funds provided under section 20103 or
section 20104 of this subtitle may be applied to the cost of
offender drug testing and intervention programs during periods
of incarceration and post-incarceration criminal justice
supervision, consistent with guidelines issued by the Attorney
General. Further, such funds may be used by the States to pay
the costs of providing to the Attorney General a baseline study
on their prison drug abuse problem. Such studies shall be
consistent with guidelines issued by the Attorney General.''.
DIVISION F--NOT LEGALIZING MARIJUANA FOR MEDICINAL USE
It is the sense of the Congress that--
(1) certain drugs are listed on Schedule I of the Controlled
Substances Act if they have a high potential for abuse, lack any
currently accepted medical use in treatment, and are unsafe,
even under medical supervision;
(2) the consequences of illegal use of Schedule I drugs are
well documented, particularly with regard to physical health,
highway safety, and criminal activity;
(3) pursuant to section 401 of the Controlled Substances Act,
it is illegal to manufacture, distribute, or dispense marijuana,
heroin, LSD, and more than 100 other Schedule I drugs;
(4) pursuant to section 505 of the Federal Food, Drug and
Cosmetic Act, before any drug can be approved as a medication in
the United States, it must meet extensive scientific and medical
standards established by the Food and Drug Administration to
ensure it is safe and effective;
(5) marijuana and other Schedule I drugs have not been
approved by the Food and Drug Administration to treat any
disease or condition;
(6) the Federal Food, Drug and Cosmetic Act already prohibits
the sale of any unapproved drug, including marijuana, that
[[Page 112 STAT. 2681-761]]
has not been proven safe and effective for medical purposes and
grants the Food and Drug Administration the authority to enforce
this prohibition through seizure and other civil action, as well
as through criminal penalties;
(7) marijuana use by children in grades 8 through 12 declined
steadily from 1980 to 1992, but, from 1992 to 1996, has
dramatically increased by 253 percent among 8th graders, 151
percent among 10th graders, and 84 percent among 12th graders,
and the average age of first-time use of marijuana is now
younger than it has ever been;
(8) according to the 1997 survey by the Center on Addiction
and Substance Abuse at Columbia University, 500,000 8th graders
began using marijuana in the 6th and 7th grades;
(9) according to that same 1997 survey, youths between the
ages of 12 and 17 who use marijuana are 85 times more likely to
use cocaine than those who abstain from marijuana, and 60
percent of adolescents who use marijuana before the age of 15
will later use cocaine; and
(10) the rate of illegal drug use among youth is linked to
their perceptions of the health and safety risks of those drugs,
and the ambiguous cultural messages about marijuana use are
contributing to a growing acceptance of marijuana use among
children and teenagers;
(11) Congress continues to support the existing Federal legal
process for determining the safety and efficacy of drugs and
opposes efforts to circumvent this process by legalizing
marijuana, and other Schedule I drugs, for medicinal use without
valid scientific evidence and the approval of the Food and Drug
Administration; and
(12) not later than 90 days after the date of the enactment of
this Act--
(A) <> the Attorney General shall
submit to the Committees on the Judiciary of the House
of Representatives and the Senate a report on--
(i) the total quantity of marijuana eradicated
in the United States during the period from 1992
through 1997; and
(ii) the annual number of arrests and
prosecutions for Federal marijuana offenses during
the period described in clause (i); and
(B) <> the Commissioner of Foods and
Drugs shall submit to the Committee on Commerce of the
House of Representatives and the Committee on Labor and
Human Resources of the Senate a report on the specific
efforts underway to enforce sections 304 and 505 of the
Federal Food, Drug and Cosmetic Act with respect to
marijuana and other Schedule I drugs.
DIVISION <> G--FOREIGN AFFAIRS REFORM AND RESTRUCTURING
ACT OF 1998
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Foreign Affairs Reform and
Restructuring Act of 1998''.
[[Page 112 STAT. 2681-762]]
SEC. 1002. ORGANIZATION OF DIVISION INTO SUBDIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This division is organized into three subdivisions
as follows:
(1) Subdivision a.--Foreign Affairs Agencies Consolidation Act
of 1998.
(2) Subdivision b.--Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999.
(3) Subdivision c.--United Nations Reform Act of 1998.
(b) Table of Contents.--The table of contents for this division is
as follows:
DIVISION --FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998
Sec. 1001. Short title.
Sec. 1002. Organization of division into subdivisions; table of
contents.
Subdivision A--Consolidation of Foreign Affairs Agencies
TITLE XI--GENERAL PROVISIONS
Sec. 1101. Short title.
Sec. 1102. Purposes.
Sec. 1103. Definitions.
Sec. 1104. Report on budgetary cost savings resulting from
reorganization.
TITLE XII--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
Chapter 1--General Provisions
Sec. 1201. Effective date.
Chapter 2--Abolition and Transfer of Functions
Sec. 1211. Abolition of United States Arms Control and Disarmament
Agency.
Sec. 1212. Transfer of functions to Secretary of State.
Sec. 1213. Under Secretary for Arms Control and International Security.
Chapter 3--Conforming Amendments
Sec. 1221. References.
Sec. 1222. Repeals.
Sec. 1223. Amendments to the Arms Control and Disarmament Act.
Sec. 1224. Compensation of officers.
Sec. 1225. Additional conforming amendments.
TITLE XIII--UNITED STATES INFORMATION AGENCY
Chapter 1--General Provisions
Sec. 1301. Effective date.
Chapter 2--Abolition and Transfer of Functions
Sec. 1311. Abolition of United States Information Agency.
Sec. 1312. Transfer of functions.
Sec. 1313. Under Secretary of State for Public Diplomacy.
Sec. 1314. Abolition of Office of Inspector General of United States
Information Agency and transfer of functions.
Chapter 3--International Broadcasting
Sec. 1321. Congressional findings and declaration of purpose.
Sec. 1322. Continued existence of Broadcasting Board of Governors.
Sec. 1323. Conforming amendments to the United States International
Broadcasting Act of 1994.
Sec. 1324. Amendments to the Radio Broadcasting to Cuba Act.
Sec. 1325. Amendments to the Television Broadcasting to Cuba Act.
Sec. 1326. Transfer of broadcasting related funds, property, and
personnel.
Sec. 1327. Savings provisions.
Sec. 1328. Report on the privatization of RFE/RL, Incorporated.
Chapter 4--Conforming Amendments
Sec. 1331. References.
[[Page 112 STAT. 2681-763]]
Sec. 1332. Amendments to title 5, United States Code.
Sec. 1333. Application of certain laws.
Sec. 1334. Abolition of United States Advisory Commission on Public
Diplomacy.
Sec. 1335. Conforming amendments.
Sec. 1336. Repeals.
TITLE XIV--UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
Chapter 1--General Provisions
Sec. 1401. Effective date.
Chapter 2--Abolition and Transfer of Functions
Sec. 1411. Abolition of United States International Development
Cooperation Agency.
Sec. 1412. Transfer of functions and authorities.
Sec. 1413. Status of AID.
Chapter 3--Conforming Amendments
Sec. 1421. References.
Sec. 1422. Conforming amendments.
TITLE XV--AGENCY FOR INTERNATIONAL DEVELOPMENT
Chapter 1--General Provisions
Sec. 1501. Effective date.
Chapter 2--Reorganization and Transfer of Functions
Sec. 1511. Reorganization of Agency for International Development.
Chapter 3--Authorities of the Secretary of State
Sec. 1521. Definition of United States assistance.
Sec. 1522. Administrator of AID reporting to the Secretary of State.
Sec. 1523. Assistance programs coordination and oversight.
TITLE XVI--TRANSITION
Chapter 1--Reorganization Plan
Sec. 1601. Reorganization plan and report.
Chapter 2--Reorganization Authority
Sec. 1611. Reorganization authority.
Sec. 1612. Transfer and allocation of appropriations.
Sec. 1613. Transfer, appointment, and assignment of personnel.
Sec. 1614. Incidental transfers.
Sec. 1615. Savings provisions.
Sec. 1616. Authority of Secretary of State to facilitate transition.
Sec. 1617. Final report.
Subdivision B--Foreign Relations Authorization
TITLE XX--GENERAL PROVISIONS
Sec. 2001. Short title.
Sec. 2002. Definition of appropriate congressional committees.
TITLE XXI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE
Sec. 2101. Administration of foreign affairs.
Sec. 2102. International commissions.
Sec. 2103. Grants to The Asia Foundation.
Sec. 2104. Voluntary contributions to international organizations.
Sec. 2105. Voluntary contributions to peacekeeping operations.
Sec. 2106. Limitation on United States voluntary contributions to United
Nations Development Program.
TITLE XXII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Chapter 1--Authorities and Activities
Sec. 2201. Reimbursement of Department of State for assistance to
overseas educational facilities.
[[Page 112 STAT. 2681-764]]
Sec. 2202. Revision of Department of State rewards program.
Sec. 2203. Retention of additional defense trade controls registration
fees.
Sec. 2204. Fees for commercial services.
Sec. 2205. Pilot program for foreign affairs reimbursement.
Sec. 2206. Fee for use of diplomatic reception rooms.
Sec. 2207. Budget presentation documents.
Sec. 2208. Office of the Inspector General.
Sec. 2209. Capital Investment Fund.
Sec. 2210. Contracting for local guards services overseas.
Sec. 2211. Authority of the Foreign Claims Settlement Commission.
Sec. 2212. Expenses relating to certain international claims and
proceedings.
Sec. 2213. Grants to remedy international abductions of children.
Sec. 2214. Counterdrug and anticrime activities of the Department of
State.
Sec. 2215. Annual report on overseas surplus properties.
Sec. 2216. Human rights reports.
Sec. 2217. Reports and policy concerning diplomatic immunity.
Sec. 2218. Reaffirming United States international telecommunications
policy.
Sec. 2219. Reduction of reporting.
Chapter 2--Consular Authorities of the Department of State
Sec. 2221. Use of certain passport processing fees for enhanced passport
services.
Sec. 2222. Consular officers.
Sec. 2223. Repeal of outdated consular receipt requirements.
Sec. 2224. Elimination of duplicate Federal Register publication for
travel advisories.
Sec. 2225. Denial of visas to confiscators of American property.
Sec. 2226. Inadmissibility of any alien supporting an international
child abductor.
Chapter 3--Refugees and Migration
subchapter a--authorization of appropriations
Sec. 2231. Migration and refugee assistance.
subchapter b--authorities
Sec. 2241. United States policy regarding the involuntary return of
refugees.
Sec. 2242. United States policy with respect to the involuntary return
of persons in danger of subjection to torture.
Sec. 2243. Reprogramming of migration and refugee assistance funds.
Sec. 2244. Eligibility for refugee status.
Sec. 2245. Reports to Congress concerning Cuban emigration policies.
TITLE XXIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF
STATE PERSONNEL; THE FOREIGN SERVICE
Chapter 1--Organization of the Department of State
Sec. 2301. Coordinator for Counterterrorism.
Sec. 2302. Elimination of Deputy Assistant Secretary of State for
Burdensharing.
Sec. 2303. Personnel management.
Sec. 2304. Diplomatic security.
Sec. 2305. Number of senior official positions authorized for the
Department of State.
Sec. 2306. Nomination of Under Secretaries and Assistant Secretaries of
State.
Chapter 2--Personnel of the Department of State; the Foreign Service
Sec. 2311. Foreign Service reform.
Sec. 2312. Retirement benefits for involuntary separation.
Sec. 2313. Authority of Secretary to separate convicted felons from the
Foreign Service.
Sec. 2314. Career counseling.
Sec. 2315. Limitations on management assignments.
Sec. 2316. Availability pay for certain criminal investigators within
the Diplomatic Security Service.
Sec. 2317. Nonovertime differential pay.
Sec. 2318. Report concerning minorities and the Foreign Service.
TITLE XXIV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
Chapter 1--Authorization of Appropriations
Sec. 2401. International information activities and educational and
cultural exchange programs.
[[Page 112 STAT. 2681-765]]
Chapter 2--Authorities and Activities
Sec. 2411. Retention of interest.
Sec. 2412. Use of selected program fees.
Sec. 2413. Muskie Fellowship Program.
Sec. 2414. Working Group on United States Government-Sponsored
International Exchanges and Training.
Sec. 2415. Educational and cultural exchanges and scholarships for
Tibetans and Burmese.
Sec. 2416. Surrogate broadcasting study.
Sec. 2417. Radio broadcasting to Iran in the Farsi language.
Sec. 2418. Authority to administer summer travel and work programs.
Sec. 2419. Permanent administrative authorities regarding
appropriations.
Sec. 2420. Voice of America broadcasts.
TITLE XXV--INTERNATIONAL ORGANIZATIONS OTHER THAN UNITED NATIONS
Sec. 2501. International conferences and contingencies.
Sec. 2502. Restriction relating to United States accession to any new
international criminal tribunal.
Sec. 2503. United States membership in the Bureau of the
Interparliamentary Union.
Sec. 2504. Service in international organizations.
Sec. 2505. Reports regarding foreign travel.
TITLE XXVI--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
Sec. 2601. Authorization of appropriations.
Sec. 2602. Statutory construction.
TITLE XXVII--EUROPEAN SECURITY ACT OF 1998
Sec. 2701. Short title.
Sec. 2702. Statement of policy.
Sec. 2703. Authorities relating to NATO enlargement.
Sec. 2704. Sense of Congress with respect to the Treaty on Conventional
Armed Forces in Europe.
Sec. 2705. Restrictions and requirements relating to ballistic missile
defense.
TITLE XXVIII--OTHER FOREIGN POLICY PROVISIONS
Sec. 2801. Reports on claims by United States firms against the
Government of Saudi Arabia.
Sec. 2802. Reports on determinations under title IV of the Libertad Act.
Sec. 2803. Report on compliance with the Hague Convention on
International Child Abduction.
Sec. 2804. Sense of Congress relating to recognition of the Ecumenical
Patriarchate by the Government of Turkey.
Sec. 2805. Report on relations with Vietnam.
Sec. 2806. Reports and policy concerning human rights violations in
Laos.
Sec. 2807. Report on an alliance against narcotics trafficking in the
Western Hemisphere.
Sec. 2808. Congressional statement regarding the accession of Taiwan to
the World Trade Organization.
Sec. 2809. Programs or projects of the International Atomic Energy
Agency in Cuba.
Sec. 2810. Limitation on assistance to countries aiding Cuba nuclear
development.
Sec. 2811. International Fund for Ireland.
Sec. 2812. Support for democratic opposition in Iraq.
Sec. 2813. Development of democracy in the Republic of Serbia.
SUBDIVISION <> A--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES
TITLE XI--GENERAL PROVISIONS
SEC. 1101. <> SHORT TITLE.
This subdivision may be cited as the ``Foreign Affairs Agencies
Consolidation Act of 1998''.
SEC. 1102. <> PURPOSES.
The purposes of this subdivision are--
[[Page 112 STAT. 2681-766]]
(1) to strengthen--
(A) the coordination of United States foreign
policy; and
(B) the leading role of the Secretary of State in
the formulation and articulation of United States
foreign policy;
(2) to consolidate and reinvigorate the foreign affairs
functions of the United States within the Department of State
by--
(A) abolishing the United States Arms Control and
Disarmament Agency, the United States Information
Agency, and the United States International Development
Cooperation Agency, and transferring the functions of
these agencies to the Department of State while
preserving the special missions and skills of these
agencies;
(B) transferring certain functions of the Agency for
International Development to the Department of State;
and
(C) providing for the reorganization of the
Department of State to maximize the efficient use of
resources, which may lead to budget savings, eliminated
redundancy in functions, and improvement in the
management of the Department of State;
(3) to ensure that programs critical to the promotion of
United States national interests be maintained;
(4) to assist congressional efforts to balance the Federal
budget and reduce the Federal debt;
(5) to ensure that the United States maintains effective
representation abroad within budgetary restraints; and
(6) to encourage United States foreign affairs agencies to
maintain a high percentage of the best qualified, most competent
United States citizens serving in the United States Government.
SEC. 1103. <> DEFINITIONS.
In this subdivision:
(1) ACDA.--The term ``ACDA'' means the United States Arms
Control and Disarmament Agency.
(2) AID.--The term ``AID'' means the United States Agency
for International Development.
(3) Agency; federal agency.--The term ``agency'' or
``Federal agency'' means an Executive agency as defined in
section 105 of title 5, United States Code.
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
International Relations and the Committee on Appropriations of
the House of Representatives and the Committee on Foreign
Relations and the Committee on Appropriations of the Senate.
(5) Covered agency.--The term ``covered agency'' means any
of the following agencies: ACDA, USIA, IDCA, and AID.
(6) Department.--The term ``Department'' means the
Department of State.
(7) Function.--The term ``function'' means any duty,
obligation, power, authority, responsibility, right, privilege,
activity, or program.
(8) IDCA.--The term ``IDCA'' means the United States
International Development Cooperation Agency.
[[Page 112 STAT. 2681-767]]
(9) Office.--The term ``office'' includes any office,
administration, agency, institute, unit, organizational entity,
or component thereof.
(10) Secretary.--The term ``Secretary'' means the Secretary
of State.
(11) USIA.--The term ``USIA'' means the United States
Information Agency.
SEC. 1104. <> REPORT ON BUDGETARY COST SAVINGS
RESULTING FROM REORGANIZATION.
The Secretary of State shall submit a report, together with the
congressional presentation document for the budget of the Department of
State for each of the fiscal years 2000 and 2001, to the appropriate
congressional committees describing the total anticipated and achieved
cost savings in budget outlays and budget authority related to the
reorganization implemented under this subdivision, including cost
savings by each of the following categories:
(1) Reductions in personnel.
(2) Administrative consolidation, including procurement.
(3) Program consolidation.
(4) Consolidation of real properties and leases.
TITLE XII--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
CHAPTER 1--GENERAL PROVISIONS
SEC. 1201. <> EFFECTIVE DATE.
This title, and the amendments made by this title, shall take
effect on the earlier of--
(1) April 1, 1999; or
(2) the date of abolition of the United States Arms Control
and Disarmament Agency pursuant to the reorganization plan
described in section 1601.
CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS
SEC. 1211. <> ABOLITION OF UNITED STATES ARMS
CONTROL AND DISARMAMENT AGENCY.
The United States Arms Control and Disarmament Agency is
abolished.
SEC. 1212. <> TRANSFER OF FUNCTIONS TO SECRETARY OF
STATE.
There are transferred to the Secretary of State all functions of
the Director of the United States Arms Control and Disarmament Agency,
and all functions of the United States Arms Control and Disarmament
Agency and any office or component of such agency, under any statute,
reorganization plan, Executive order, or other provision of law, as of
the day before the effective date of this title.
SEC. 1213. UNDER SECRETARY FOR ARMS CONTROL AND INTERNATIONAL SECURITY.
Section 1(b) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2651(b)) <> is amended--
(1) by striking ``There'' and inserting the following:
``(1) In general.--There''; and
[[Page 112 STAT. 2681-768]]
(2) by adding at the end the following:
``(2) Under secretary for arms control and international
security.--There shall be in the Department of State, among the
Under Secretaries authorized by paragraph (1), an Under
Secretary for Arms Control and International Security, who shall
assist the Secretary and the Deputy Secretary in matters related
to international security policy, arms control, and
nonproliferation. Subject to the direction of the President, the
Under Secretary may attend and participate in meetings of the
National Security Council in his role as Senior Advisor to the
President and the Secretary of State on Arms Control and
Nonproliferation Matters.''.
CHAPTER 3--CONFORMING AMENDMENTS
SEC. 1221. <> REFERENCES.
Except as otherwise provided in section 1223 or 1225, any reference
in any statute, reorganization plan, Executive order, regulation,
agreement, determination, or other official document or proceeding to--
(1) the Director of the United States Arms Control and
Disarmament Agency, the Director of the Arms Control and
Disarmament Agency, or any other officer or employee of the
United States Arms Control and Disarmament Agency or the Arms
Control and Disarmament Agency shall be deemed to refer to the
Secretary of State; or
(2) the United States Arms Control and Disarmament Agency or
the Arms Control and Disarmament Agency shall be deemed to refer
to the Department of State.
SEC. 1222. REPEALS.
The following sections of the Arms Control and Disarmament Act (22
U.S.C. 2551 et seq.) are repealed: Sections 21 through 26 (22 U.S.C.
2561-2566), section 35 (22 U.S.C. 2575), section 42 (22 U.S.C. 2582),
section 43 (22 U.S.C. 2583), sections 45 through 50 (22 U.S.C. 2585-
2593), section 53 (22 U.S.C. 2593c), section 54 (22 U.S.C. 2593d), and
section 63 (22 U.S.C. 2595b).
SEC. 1223. AMENDMENTS TO THE ARMS CONTROL AND DISARMAMENT ACT.
The Arms Control and Disarmament Act (22 U.S.C. 2551 et seq.) is
amended--
(1) in section 2 (22 U.S.C. 2551)--
(A) in the first undesignated paragraph, by striking
``creating a new agency of peace to deal with'' and
inserting ``addressing'';
(B) by striking the second undesignated paragraph;
and
(C) in the third undesignated paragraph--
(i) by striking ``This organization'' and
inserting ``The Secretary of State'';
(ii) by striking ``It shall have'' and
inserting ``The Secretary shall have'';
(iii) by striking ``and the Secretary of
State'';
(iv) by inserting ``, nonproliferation,''
after ``arms control'' in paragraph (1);
(v) by striking paragraph (2);
[[Page 112 STAT. 2681-769]]
(vi) by redesignating paragraphs (3) through
(5) as paragraphs (2) through (4), respectively;
and
(vii) by striking ``, as appropriate,'' in
paragraph (3) (as redesignated);
(2) in section 3 (22 U.S.C. 2552), by striking subsection
(c);
(3) in the heading for title II, by striking
``ORGANIZATION'' and inserting ``SPECIAL REPRESENTATIVES AND
VISITING SCHOLARS'';
(4) in section 27 (22 U.S.C. 2567)--
(A) by striking the third sentence;
(B) in the fourth sentence, by striking ``, acting
through the Director''; and
(C) in the fifth sentence, by striking ``Agency''
and inserting ``Department of State'';
(5) in section 28 (22 U.S.C. 2568)--
(A) by striking ``Director'' each place it appears
and inserting ``Secretary of State'';
(B) in the second sentence--
(i) by striking ``Agency'' each place it
appears and inserting ``Department of State''; and
(ii) by striking ``Agency's'' and inserting
``Department of State's''; and
(6) in section 31 (22 U.S.C. 2571)--
(A) by inserting ``this title in'' after ``powers
in'';
(B) by striking ``Director'' each place it appears
and inserting ``Secretary of State'';
(C) by striking ``insure'' each place it appears and
inserting ``ensure'';
(D) in the second sentence, by striking ``in
accordance with procedures established under section 35
of this Act'';
(E) in the fourth sentence by striking ``The
authority'' and all that follows through
``disarmament:'' and inserting the following: ``The
authority of the Secretary under this Act with respect
to research, development, and other studies concerning
arms control, nonproliferation, and disarmament shall be
limited to participation in the following:''; and
(F) in subsection (l), by inserting ``and'' at the
end;
(7) in section 32 (22 U.S.C. 2572)--
(A) by striking ``Director'' and inserting
``Secretary of State''; and
(B) by striking ``subsection'' and inserting
``section'';
(8) in section 33(a) (22 U.S.C. 2573(a))--
(A) by striking ``the Secretary of State,''; and
(B) by striking ``Director'' and inserting
``Secretary of State'';
(9) in section 34 (22 U.S.C. 2574)--
(A) in subsection (a)--
(i) in the first sentence, by striking
``Director'' and inserting ``Secretary of State'';
(ii) in the first sentence, by striking ``and
the Secretary of State'';
(iii) in the first sentence, by inserting ``,
nonproliferation,'' after ``in the fields of arms
control'';
(iv) in the first sentence, by striking ``and
shall have primary responsibility, whenever
directed by the
[[Page 112 STAT. 2681-770]]
President, for the preparation, conduct, and
management of the United States participation in
international negotiations and implementation fora
in the field of nonproliferation'';
(v) in the second sentence, by striking
``section 27'' and inserting ``section 201''; and
(vi) in the second sentence, by striking
``the'' after ``serve as'';
(B) by striking subsection (b);
(C) by redesignating subsection (c) as subsection
(b); and
(D) in subsection (b) (as redesignated)--
(i) in the text above paragraph (1), by
striking ``Director'' and inserting ``Secretary of
State'';
(ii) by striking paragraph (1); and
(iii) by redesignating paragraphs (2) and (3)
as paragraphs (1) and (2), respectively;
(10) in section 36 (22 U.S.C. 2576)--
(A) by striking ``Director'' each place it appears
and inserting ``Secretary of State''; and
(B) by striking ``, in accordance with the
procedures established pursuant to section 35 of this
Act,'';
(11) in section 37 (22 U.S.C. 2577)--
(A) by striking ``Director'' and ``Agency'' each
place it appears and inserting ``Secretary of State'' or
``Department of State'', respectively; and
(B) by striking subsection (d);
(12) in section 38 (22 U.S.C. 2578)--
(A) by striking ``Director'' each place it appears
and inserting ``Secretary of State''; and
(B) by striking subsection (c);
(13) in section 41 (22 U.S.C. 2581)--
(A) by striking ``In the performance of his
functions, the Director'' and inserting ``In addition to
any authorities otherwise available, the Secretary of
State in the performance of functions under this Act'';
(B) by striking ``Agency'', ``Agency's'',
``Director'', and ``Director's'' each place they appear
and inserting ``Department of State'', ``Department of
State's'', ``Secretary of State'', or ``Secretary of
State's'', as appropriate;
(C) in subsection (a), by striking the sentence that
begins ``It is the intent'';
(D) in subsection (b)--
(i) by striking ``appoint officers and
employees, including attorneys, for the Agency in
accordance with the provisions of title 5, United
States Code, governing appointment in the
competitive service, and fix their compensation in
accordance with chapter 51 and with subchapter III
of chapter 53 of such title, relating to
classification and General Schedule pay rates,
except that the Director may, to the extent the
Director determines necessary to the discharge of
his responsibilities,'';
(ii) in paragraph (1), by striking
``exception'' and inserting ``subsection''; and
(iii) in paragraph (2)--
[[Page 112 STAT. 2681-771]]
(I) by striking ``exception'' and
inserting ``subsection''; and
(II) by striking ``ceiling'' and
inserting ``positions allocated to carry
out the purpose of this Act'';
(E) by striking subsection (g);
(F) by redesignating subsections (h), (i), and (j)
as subsections (g), (h), and (i), respectively;
(G) by amending subsection (f) to read as follows:
``(f) establish a scientific and policy advisory board to
advise with and make recommendations to the Secretary of State
on United States arms control, nonproliferation, and disarmament
policy and activities. A majority of the board shall be composed
of individuals who have a demonstrated knowledge and technical
expertise with respect to arms control, nonproliferation, and
disarmament matters and who have distinguished themselves in any
of the fields of physics, chemistry, mathematics, biology, or
engineering, including weapons engineering. The members of the
board may receive the compensation and reimbursement for
expenses specified for consultants by subsection (d) of this
section;''; and
(H) in subsection (h) (as redesignated), by striking
``Deputy Director'' and inserting ``Under Secretary for
Arms Control and International Security'';
(14) in section 44 (22 U.S.C. 2584)--
(A) by striking ``conflict-of-interest and'';
(B) by striking ``The members'' and all that follows
through ``(5 U.S.C. 2263), or any other'' and inserting
``Members of advisory boards and consultants may serve
as such without regard to any''; and
(C) <> by inserting at the end
the following new sentence: ``This section shall apply
only to individuals carrying out activities related to
arms control, nonproliferation, and disarmament.'';
(15) in section 51 (22 U.S.C. 2593a)--
(A) in subsection (a)--
(i) in paragraphs (1) and (3), by inserting
``, nonproliferation,'' after ``arms control''
each place it appears;
(ii) by striking ``Director, in consultation
with the Secretary of State,'' and inserting
``Secretary of State with the concurrence of the
Director of Central Intelligence and in
consultation with'';
(iii) by striking ``the Chairman of the Joint
Chiefs of Staff, and the Director of Central
Intelligence'' and inserting ``and the Chairman of
the Joint Chiefs of Staff'';
(iv) by striking paragraphs (2) and (4); and
(v) by redesignating paragraphs (3), (5), (6),
and (7) as paragraphs (2) through (5),
respectively; and
(B) by adding at the end of subsection (b) the
following: ``The portions of this report described in
paragraphs (4) and (5) of subsection (a) shall summarize
in detail, at least in classified annexes, the
information, analysis, and conclusions relevant to
possible noncompliance by other nations that are
provided by United States intelligence agencies.'';
[[Page 112 STAT. 2681-772]]
(16) in section 52 (22 U.S.C. 2593b), by striking
``Director'' and inserting ``Secretary of State'';
(17) in section 61 (22 U.S.C. 2593a)--
(A) in paragraph (1), by striking ``United States
Arms Control and Disarmament Agency'' and inserting
``Department of State'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) through (7) as
paragraphs (2) through (6), respectively;
(D) in paragraph (4) (as redesignated), by striking
``paragraph (4)'' and inserting ``paragraph (3)''; and
(E) in paragraph (6) (as redesignated), by striking
``United States Arms Control and Disarmament Agency and
the'';
(18) in section 62 (22 U.S.C. 2595a)--
(A) in subsection (c)--
(i) in the subsection heading, by striking
``Director'' and inserting ``Secretary of State'';
and
(ii) by striking ``2(d), 22, and 34(c)'' and
inserting ``102(3) and 304(b)''; and
(B) by striking ``Director'' and inserting
``Secretary of State'';
(19) in section 64 (22 U.S.C. 2595b-1)--
(A) by striking the section title and inserting
``SEC. 503. REVIEW OF CERTAIN REPROGRAMMING
NOTIFICATIONS.'';
(B) by striking subsection (a); and
(C) in subsection (b)--
(i) by striking ``(b) Review of Certain
Reprogramming Notifications.--''; and
(ii) by striking ``Foreign Affairs'' and
inserting ``International Relations'';
(20) in section 65(1) (22 U.S.C. 2595c(1)) by inserting ``of
America'' after ``United States''; and
(21) <> by redesignating sections
1, 2, 3, 27, 28, 31, 32, 33, 34, 36, 37, 38, 39, 41, 44, 51, 52,
61, 62, 64, and 65, as amended by this section, as sections 101,
102, 103, 201, 202, 301, 302, 303, 304, 305, 306, 307, 308, 401,
402, 403, 404, 501, 502, 503, and 504, respectively.
SEC. 1224. COMPENSATION OF OFFICERS.
Title 5, United States Code, is amended--
(1) in section 5313, by striking ``Director of the United
States Arms Control and Disarmament Agency.'';
(2) in section 5314, by striking ``Deputy Director of the
United States Arms Control and Disarmament Agency.'';
(3) in section 5315--
(A) by striking ``Assistant Directors, United States
Arms Control and Disarmament Agency (4).''; and
(B) by striking ``Special Representatives of the
President for arms control, nonproliferation, and
disarmament matters, United States Arms Control and
Disarmament Agency'', and inserting ``Special
Representatives of the President for arms control,
nonproliferation, and disarmament matters, Department of
State''; and
(4) in section 5316, by striking ``General Counsel of the
United States Arms Control and Disarmament Agency.''.
[[Page 112 STAT. 2681-773]]
SEC. 1225. ADDITIONAL CONFORMING AMENDMENTS.
(a) Arms Export Control Act.--The Arms Export Control Act is
amended--
(1) in section 36(b)(1)(D) (22 U.S.C. 2776(b)(1)(D)), by
striking ``Director of the Arms Control and Disarmament Agency
in consultation with the Secretary of State and the Secretary of
Defense'' and inserting ``Secretary of State in consultation
with the Secretary of Defense and the Director of Central
Intelligence'';
(2) in section 38(a)(2) (22 U.S.C. 2778(a)(2))--
(A) in the first sentence, by striking ``be made in
coordination with the Director of the United States Arms
Control and Disarmament Agency, taking into account the
Director's assessment as to'' and inserting ``take into
account''; and
(B) by striking the second sentence;
(3) in section 42(a) (22 U.S.C. 2791(a))--
(A) in paragraph (1)(C), by striking ``the
assessment of the Director of the United States Arms
Control and Disarmament Agency as to'';
(B) by striking ``(1)'' after ``(a)''; and
(C) by striking paragraph (2);
(4) in section 71(a) (22 U.S.C. 2797(a)), by striking ``,
the Director of the Arms Control and Disarmament Agency,'';
(5) in section 71(b)(1) (22 U.S.C. 2797(b)(1)), by striking
``and the Director of the United States Arms Control and
Disarmament Agency'';
(6) in section 71(b)(2) (22 U.S.C. 2797(b)(2))--
(A) by striking ``, the Secretary of Commerce, and
the Director of the United States Arms Control and
Disarmament Agency'' and inserting ``and the Secretary
of Commerce''; and
(B) by striking ``or the Director'';
(7) in section 71(c) (22 U.S.C. 2797(c)), by striking ``with
the Director of the United States Arms Control and Disarmament
Agency,''; and
(8) in section 73(d) (22 U.S.C. 2797b(d)), by striking ``,
the Secretary of Commerce, and the Director of the United States
Arms Control and Disarmament Agency'' and inserting ``and the
Secretary of Commerce''.
(b) Foreign Assistance Act.--Section 511 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321d) is amended by striking ``be made in
coordination with the Director of the United States Arms Control and
Disarmament Agency and shall take into account his opinion as to'' and
inserting ``take into account''.
(c) United States Institute of Peace Act.--
(1) Section 1706(b) of the United States Institute of Peace
Act (22 U.S.C. 4605(b)) is amended--
(A) by striking paragraph (3);
(B) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively; and
(C) in paragraph (4) (as redesignated), by striking
``Eleven'' and inserting ``Twelve''.
(2) Section 1707(d)(2) of that Act (22 U.S.C. 4606(d)(2)) is
amended by striking ``, Director of the Arms Control and
Disarmament Agency''.
[[Page 112 STAT. 2681-774]]
(d) Atomic Energy Act of 1954.--The Atomic Energy Act of 1954 is
amended--
(1) in section 57b. (42 U.S.C. 2077(b))--
(A) in the first sentence, by striking ``the Arms
Control and Disarmament Agency,''; and
(B) in the second sentence, by striking ``the
Director of the Arms Control and Disarmament Agency,'';
(2) in section 109b. (42 U.S.C. 2129(b)), <> by striking ``and the Director'';
(3) in section 111b. (42 U.S.C. 2131(b)) <> by striking ``the Arms Control and Disarmament Agency,
the Nuclear Regulatory Commission,'' and inserting ``the Nuclear
Regulatory Commission'';
(4) in section 123 (42 U.S.C. 2153)--
(A) in subsection a., in the third sentence--
(i) by striking ``and in consultation with the
Director of the Arms Control and Disarmament
Agency (`the Director')'';
(ii) by inserting ``and'' after ``Energy,'';
(iii) by striking ``Commission, and the
Director, who'' and inserting ``Commission. The
Secretary of State''; and
(iv) after ``nuclear explosive purpose.'', by
inserting the following new sentence: ``Each
Nuclear Proliferation Assessment Statement
prepared pursuant to this Act shall be accompanied
by a classified annex, prepared in consultation
with the Director of Central Intelligence,
summarizing relevant classified information.'';
(B) in subsection d., in the first proviso--
(i) by striking ``Nuclear Proliferation
Assessment Statement prepared by the Director of
the Arms Control and Disarmament Agency,'' and
inserting ``Nuclear Proliferation Assessment
Statement prepared by the Secretary of State, and
any annexes thereto,''; and
(ii) by striking ``has been'' and inserting
``have been''; and
(C) in the first undesignated paragraph following
subsection d., by striking ``the Arms Control and
Disarmament Agency,'';
(5) in section 126a.(1), <> by striking
``the Director of the Arms Control and Disarmament Agency, and
the Nuclear Regulatory Commission'' and inserting ``and the
Nuclear Regulatory Commission,'';
(6) in section 131a. (42 U.S.C. 2160(a))--
(A) in paragraph (1)--
(i) in the first sentence, by striking ``the
Director,'';
(ii) in the third sentence, by striking ``the
Director declares that he intends'' and inserting
``the Secretary of State is required''; and
(iii) in the third sentence, by striking ``the
Director's declaration'' and inserting ``the
requirement to prepare a Nuclear Proliferation
Assessment Statement'';
(B) in paragraph (2)--
(i) by striking ``Director's view'' and
inserting ``view of the Secretary of State,
Secretary of Energy, Secretary of Defense, or the
Commission''; and
[[Page 112 STAT. 2681-775]]
(ii) by striking ``he may prepare'' and
inserting ``the Secretary of State, in
consultation with such Secretary or the
Commission, shall prepare''; and
(7) in section 131c. (42 U.S.C. 2160(c))--
(A) in the first sentence, by striking ``, the
Director of the Arms Control and Disarmament Agency,'';
(B) in the sixth and seventh sentences, by striking
``Director'' each place it appears and inserting
``Secretary of State''; and
(C) in the seventh sentence, by striking
``Director's'' and inserting ``Secretary of State's''.
(e) Nuclear Non-Proliferation Act of 1978.--The Nuclear Non-
Proliferation Act of 1978 is amended--
(1) in section 4 (22 U.S.C. 3203)--
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) through (8) as
paragraphs (2) through (7), respectively;
(2) in section 102 (22 U.S.C. 3222), by striking ``, the
Secretary of State, and the Director of the Arms Control and
Disarmament Agency'' and inserting ``and the Secretary of
State'';
(3) in section 304(d) (42 U.S.C. 2156a), by striking ``the
Secretary of Defense, and the Director,'' and inserting ``and
the Secretary of Defense,'';
(4) in section 309 (42 U.S.C. 2139a)--
(A) in subsection (b), by striking ``the Department
of Commerce, and the Arms Control and Disarmament
Agency'' and inserting ``and the Department of
Commerce''; and
(B) in subsection (c), by striking ``the Arms
Control and Disarmament Agency,'';
(5) in section 406 (42 U.S.C. 2160a), by inserting ``, or
any annexes thereto,'' after ``Statement''; and
(6) in section 602 (22 U.S.C. 3282)--
(A) in subsection (c), by striking ``the Arms
Control and Disarmament Agency,''; and
(B) in subsection (e), by striking ``and the
Director''.
(f) State Department Basic Authorities Act of 1956.--Section 23(a)
of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2695(a)) is amended by striking ``the Agency for International
Development, and the Arms Control and Disarmament Agency'' and inserting
``and the Agency for International Development''.
(g) Foreign Relations Authorization Act of 1972.--Section 502 of the
Foreign Relations Authorization Act of 1972 (2 U.S.C. 194a) is amended
by striking ``the United States Arms Control and Disarmament Agency,''.
(h) Title 49.--Section 40118(d) of title 49, United States Code, is
amended by striking ``, or the Director of the Arms Control and
Disarmament Agency''.
[[Page 112 STAT. 2681-776]]
TITLE XIII--UNITED STATES INFORMATION AGENCY
CHAPTER 1--GENERAL PROVISIONS
SEC. 1301. <> EFFECTIVE DATE.
This title, and the amendments made by this title, shall take effect
on the earlier of--
(1) October 1, 1999; or
(2) the date of abolition of the United States Information
Agency pursuant to the reorganization plan described in section
1601.
CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS
SEC. 1311. <> ABOLITION OF UNITED STATES INFORMATION
AGENCY.
The United States Information Agency (other than the Broadcasting
Board of Governors and the International Broadcasting Bureau) is
abolished.
SEC. 1312. <> TRANSFER OF FUNCTIONS.
(a) In General.--There are transferred to the Secretary of State all
functions of the Director of the United States Information Agency and
all functions of the United States Information Agency and any office or
component of such agency, under any statute, reorganization plan,
Executive order, or other provision of law, as of the day before the
effective date of this title.
(b) Exception.--Subsection (a) does not apply to the Broadcasting
Board of Governors, the International Broadcasting Bureau, or any
function performed by the Board or the Bureau.
SEC. 1313. UNDER SECRETARY OF STATE FOR PUBLIC DIPLOMACY.
Section 1(b) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2651a(b)), as amended by this division, is further amended by
adding at the end the following new paragraph:
``(3) Under secretary for public diplomacy.--There shall be
in the Department of State, among the Under Secretaries
authorized by paragraph (1), an Under Secretary for Public
Diplomacy, who shall have primary responsibility to assist the
Secretary and the Deputy Secretary in the formation and
implementation of United States public diplomacy policies and
activities, including international educational and cultural
exchange programs, information, and international
broadcasting.''.
SEC. 1314. <> ABOLITION OF OFFICE OF INSPECTOR
GENERAL OF UNITED STATES INFORMATION AGENCY AND TRANSFER OF
FUNCTIONS.
(a) Abolition of Office.--The Office of Inspector General of the
United States Information Agency is abolished.
(b) Amendments to Inspector General Act of 1978.--Section 11 of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1), by striking ``the Office of Personnel
Management, the United States Information Agency'' and inserting
``or the Office of Personnel Management''; and
(2) in paragraph (2), by striking ``the United States
Information Agency,''.
(c) Executive Schedule.--Section 5315 of title 5, United States
Code, is amended by striking the following:
[[Page 112 STAT. 2681-777]]
``Inspector General, United States Information Agency.''.
(d) Amendments to Public Law 103-236.--Subsections (i) and (j) of
section 308 of the United States International Broadcasting Act of 1994
(22 U.S.C. 6207 (i) and (j)) are amended--
(1) by striking ``Inspector General of the United States
Information Agency'' each place it appears and inserting
``Inspector General of the Department of State and the Foreign
Service''; and
(2) by striking ``, the Director of the United States
Information Agency,''.
(e) Transfer of Functions.--There are transferred to the Office of
the Inspector General of the Department of State and the Foreign Service
the functions that the Office of Inspector General of the United States
Information Agency exercised before the effective date of this title
(including all related functions of the Inspector General of the United
States Information Agency).
CHAPTER 3--INTERNATIONAL BROADCASTING
SEC. 1321. <> CONGRESSIONAL FINDINGS AND DECLARATION
OF PURPOSE.
Congress finds that--
(1) it is the policy of the United States to promote the
right of freedom of opinion and expression, including the
freedom ``to seek, receive, and impart information and ideas
through any media and regardless of frontiers'', in accordance
with Article 19 of the Universal Declaration of Human Rights;
(2) open communication of information and ideas among the
peoples of the world contributes to international peace and
stability, and the promotion of such communication is in the
interests of the United States;
(3) it is in the interest of the United States to support
broadcasting to other nations consistent with the requirements
of this chapter and the United States International Broadcasting
Act of 1994; and
(4) international broadcasting is, and should remain, an
essential instrument of United States foreign policy.
SEC. 1322. CONTINUED EXISTENCE OF BROADCASTING BOARD OF GOVERNORS.
Section 304(a) of the United States International Broadcasting Act
of 1994 (22 U.S.C. 6203(a)) is amended to read as follows:
``(a) Continued Existence Within Executive Branch.--
``(1) In general.--The Broadcasting Board of Governors shall
continue to exist within the Executive branch of Government as
an entity described in section 104 of title 5, United States
Code.
``(2) Retention of existing board members.--The members of
the Broadcasting Board of Governors appointed by the President
pursuant to subsection (b)(1)(A) before the effective date of
title XIII of the Foreign Affairs Agencies Consolidation Act of
1998 and holding office as of that date may serve the remainder
of their terms of office without reappointment.
``(3) Inspector general authorities.--
``(A) In general.--The Inspector General of the
Department of State and the Foreign Service shall
exercise the same authorities with respect to the
Broadcasting
[[Page 112 STAT. 2681-778]]
Board of Governors and the International Broadcasting
Bureau as the Inspector General exercises under the
Inspector General Act of 1978 and section 209 of the
Foreign Service Act of 1980 with respect to the
Department of State.
``(B) Respect for journalistic integrity of
broadcasters.--The Inspector General shall respect the
journalistic integrity of all the broadcasters covered
by this title and may not evaluate the philosophical or
political perspectives reflected in the content of
broadcasts.''.
SEC. 1323. CONFORMING AMENDMENTS TO THE UNITED STATES INTERNATIONAL
BROADCASTING ACT OF 1994.
(a) References in Section.--Whenever in this section an amendment or
repeal is expressed as an amendment or repeal of a provision, the
reference shall be deemed to be made to the United States International
Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.).
(b) Substitution of Secretary of State.--Sections 304(b)(1)(B),
304(b) (2) and (3), 304(c), and 304(e) (22 U.S.C. 6203(b)(1)(B), 6203(b)
(2) and (3), 6203(c), and 6203(e)) are amended by striking ``Director of
the United States Information Agency'' each place it appears and
inserting ``Secretary of State''.
(c) Substitution of Acting Secretary of State.--Section 304(c) (22
U.S.C. 6203(c)) is amended by striking ``acting Director of the agency''
and inserting ``Acting Secretary of State''.
(d) Standards and Principles of International Broadcasting.--Section
303(b) (22 U.S.C. 6202(b)) is amended--
(1) in paragraph (3), by inserting ``, including editorials,
broadcast by the Voice of America, which present the views of
the United States Government'' after ``policies'';
(2) by redesignating paragraphs (4) through (9) as
paragraphs (5) through (10), respectively; and
(3) by inserting after paragraph (3) the following:
``(4) the capability to provide a surge capacity to support
United States foreign policy objectives during crises abroad;'';
(e) Authorities of the Board.--Section 305(a) (22 U.S.C. 6204(a)) is
amended--
(1) in paragraph (1)--
(A) by striking ``direct and''; and
(B) by striking ``and the Television Broadcasting to
Cuba Act'' and inserting ``, the Television Broadcasting
to Cuba Act, and Worldnet Television, except as provided
in section 306(b)'';
(2) in paragraph (4), by inserting ``, after consultation
with the Secretary of State,'' after ``annually,'';
(3) in paragraph (9)--
(A) by striking ``, through the Director of the
United States Information Agency,''; and
(B) by adding at the end the following new sentence:
``Each annual report shall place special emphasis on the
assessment described in paragraph (2).'';
(4) in paragraph (12)--
(A) by striking ``1994 and 1995'' and inserting
``1998 and 1999''; and
(B) by striking ``to the Board for International
Broadcasting for such purposes for fiscal year 1993''
and inserting
[[Page 112 STAT. 2681-779]]
``to the Board and the International Broadcasting Bureau
for such purposes for fiscal year 1997''; and
(5) by adding at the end the following new paragraphs:
``(15)(A) To procure temporary and intermittent personal
services to the same extent as is authorized by section 3109 of
title 5, United States Code, at rates not to exceed the daily
equivalent of the rate provided for positions classified above
grade GS-15 of the General Schedule under section 5108 of title
5, United States Code.
``(B) To allow those providing such services, while away
from their homes or their regular places of business, travel
expenses (including per diem in lieu of subsistence) as
authorized by section 5703 of title 5, United States Code, for
persons in the Government service employed intermittently, while
so employed.
``(16) To procure, pursuant to section 1535 of title 31,
United States Code (commonly known as the `Economy Act'), such
goods and services from other departments or agencies for the
Board and the International Broadcasting Bureau as the Board
determines are appropriate.
``(17) To utilize the provisions of titles III, IV, V, VII,
VIII, IX, and X of the United States Information and Educational
Exchange Act of 1948, and section 6 of Reorganization Plan
Number 2 of 1977, as in effect on the day before the effective
date of title XIII of the Foreign Affairs Agencies Consolidation
Act of 1998, to the extent the Board considers necessary in
carrying out the provisions and purposes of this title.
``(18) To utilize the authorities of any other statute,
reorganization plan, Executive order, regulation, agreement,
determination, or other official document or proceeding that had
been available to the Director of the United States Information
Agency, the Bureau, or the Board before the effective date of
title XIII of the Foreign Affairs Consolidation Act of 1998 for
carrying out the broadcasting activities covered by this
title.''.
(f) Delegation of Authority.--Section 305 (22 U.S.C. 6204) is
amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Delegation of Authority.--The Board may delegate to the
Director of the International Broadcasting Bureau, or any other officer
or employee of the United States, to the extent the Board determines to
be appropriate, the authorities provided in this section, except those
authorities provided in paragraph (1), (2), (3), (4), (5), (6), (9), or
(11) of subsection (a).''.
(g) Broadcasting Budgets.--Section 305(c)(1) (as redesignated) is
amended--
(1) by striking ``(1)'' before ``The Director''; and
(2) by striking ``the Director of the United States
Information Agency for the consideration of the Director as a
part of the Agency's budget submission to''.
(h) Repeal.--Section 305(c)(2) (as redesignated) is repealed.
(i) Implementation.--Section 305(d) (as redesignated) is amended to
read as follows:
[[Page 112 STAT. 2681-780]]
``(d) Professional Independence of Broadcasters.--The Secretary of
State and the Board, in carrying out their functions, shall respect the
professional independence and integrity of the International
Broadcasting Bureau, its broadcasting services, and the grantees of the
Board.''.
(j) Foreign Policy Guidance.--Section 306 (22 U.S.C. 6205) is
amended--
(1) in the section heading, by striking ``FOREIGN POLICY
GUIDANCE'' and inserting ``ROLE OF THE SECRETARY OF STATE'';
(2) by inserting ``(a) Foreign Policy Guidance.--''
immediately before ``To'';
(3) by striking ``State, acting through the Director of the
United States Information Agency,'' and inserting ``State'';
(4) by inserting before the period at the end the following:
``, as the Secretary may deem appropriate''; and
(5) by adding at the end the following:
``(b) Certain Worldnet Programming.--The Secretary of State is
authorized to use Worldnet broadcasts for the purposes of continuing
interactive dialogues with foreign media and other similar overseas
public diplomacy programs sponsored by the Department of State. The
Chairman of the Broadcasting Board of Governors shall provide access to
Worldnet for this purpose on a nonreimbursable basis.''.
(k) International Broadcasting Bureau.--Section 307 (22 U.S.C. 6206)
is amended--
(1) in subsection (a), by striking ``within the United
States Information Agency'' and inserting ``under the Board'';
(2) in subsection (b)(1), by striking ``Chairman of the
Board, in consultation with the Director of the United States
Information Agency and with the concurrence of a majority of the
Board'' and inserting ``President, by and with the advice and
consent of the Senate'';
(3) by redesignating subsection (b)(1) as subsection (b);
(4) by striking subsection (b)(2); and
(5) by adding at the end the following new subsection:
``(c) Responsibilities of the Director.--The Director shall organize
and chair a coordinating committee to examine and make recommendations
to the Board on long-term strategies for the future of international
broadcasting, including the use of new technologies, further
consolidation of broadcast services, and consolidation of currently
existing public affairs and legislative relations functions in the
various international broadcasting entities. The coordinating committee
shall include representatives of Radio Free Asia, RFE/RL, Incorporated,
the Broadcasting Board of Governors, and, as appropriate, the Office of
Cuba Broadcasting, the Voice of America, and Worldnet.''.
(l) Repeals.--The following provisions of law are repealed:
(1) Subsections (k) and (l) of section 308 (22 U.S.C. 6207
(k), (l)).
(2) Section 310 (22 U.S.C. 6209).
SEC. 1324. AMENDMENTS TO THE RADIO BROADCASTING TO CUBA ACT.
The Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.) is
amended--
[[Page 112 STAT. 2681-781]]
(1) <> by striking
``United States Information Agency'' each place it appears and
inserting ``Broadcasting Board of Governors'';
(2) <> by striking ``Agency'' each place it appears and
inserting ``Board'';
(3) by striking ``the Director of the United States
Information Agency'' each place it appears and inserting ``the
Broadcasting Board of Governors'';
(4) in section 4 (22 U.S.C. 1465b), by striking ``the Voice
of America'' and inserting ``the International Broadcasting
Bureau'';
(5) in section 5 (22 U.S.C. 1465c)--
(A) by striking ``Board'' each place it appears and
inserting ``Advisory Board''; and
(B) in subsection (a), by striking the first
sentence and inserting ``There is established within the
Office of the President the Advisory Board for Cuba
Broadcasting (in this division referred to as the
`Advisory Board').''; and
(6) <> by striking any other reference
to ``Director'' not amended by paragraph (3) each place it
appears and inserting ``Board''.
SEC. 1325. AMENDMENTS TO THE TELEVISION BROADCASTING TO CUBA ACT.
The Television Broadcasting to Cuba Act (22 U.S.C. 1465aa et seq.)
is amended--
(1) in section 243(a) (22 U.S.C. 1465bb(a)) and section 246
(22 U.S.C. 1465dd), by striking ``United States Information
Agency'' each place it appears and inserting ``Broadcasting
Board of Governors'';
(2) in section 243(c) (22 U.S.C. 1465bb(c))--
(A) in the subsection heading, by striking ``USIA'';
and
(B) by striking `` `USIA Television'' and inserting
``the `Television'';
(3) in section 244(c) (22 U.S.C. 1465cc(c)) and section 246
(22 U.S.C. 1465dd), by striking ``Agency'' each place it appears
and inserting ``Board'';
(4) in section 244 (22 U.S.C. 1465cc)--
(A) in the section heading, by striking ``OF THE
UNITED STATES INFORMATION AGENCY'';
(B) in subsection (a)--
(i) in the first sentence, by striking ``The
Director of the United States Information Agency
shall establish'' and inserting ``There is''; and
(ii) in the second sentence--
(I) by striking ``Director of the
United States Information Agency'' and
inserting ``Broadcasting Board of
Governors''; and
(II) by striking ``the Director of
the Voice of America'' and inserting
``the International Broadcasting
Bureau'';
(C) in subsection (b)--
(i) by striking ``Agency facilities'' and
inserting ``Board facilities''; and
(ii) by striking ``Information Agency'' and
inserting ``International''; and
(D) in the heading of subsection (c), by striking
``USIA''; and
[[Page 112 STAT. 2681-782]]
(5) in section 245(d) (22 U.S.C. 1465c note), by striking
``Board'' and inserting ``Advisory Board''.
SEC. 1326. <> TRANSFER OF BROADCASTING RELATED
FUNDS, PROPERTY, AND PERSONNEL.
(a) Transfer and Allocation of Property and Appropriations.--
(1) In general.--The assets, liabilities (including
contingent liabilities arising from suits continued with a
substitution or addition of parties under section 1327(d)),
contracts, property, records, and unexpended balance of
appropriations, authorizations, allocations, and other funds
employed, held, used, arising from, available to, or to be made
available in connection with the functions and offices of USIA
transferred to the Broadcasting Board of Governors by this
chapter shall be transferred to the Broadcasting Board of
Governors for appropriate allocation.
(2) Additional transfers.--In addition to the transfers made
under paragraph (1), there shall be transferred to the Chairman
of the Broadcasting Board of Governors the assets, contracts,
property, records, and unexpended balance of appropriations,
authorizations, allocations, and other funds, as determined by
the Secretary, in concurrence with the Broadcasting Board of
Governors, to support the functions transferred by this chapter.
(b) Transfer of Personnel.--Notwithstanding any other provision of
law--
(1) except as provided in subsection (c), all personnel and
positions of USIA employed or maintained to carry out the
functions transferred by this chapter to the Broadcasting Board
of Governors shall be transferred to the Broadcasting Board of
Governors at the same grade or class and the same rate of basic
pay or basic salary rate and with the same tenure held
immediately preceding transfer; and
(2) the personnel and positions of USIA, as determined by
the Secretary of State, with the concurrence of the Broadcasting
Board of Governors and the Director of USIA, to support the
functions transferred by this chapter shall be transferred to
the Broadcasting Board of Governors, including the International
Broadcasting Bureau, at the same grade or class and the same
rate of basic pay or basic salary rate and with the same tenure
held immediately preceding transfer.
(c) Transfer and Allocation of Property, Appropriations, and
Personnel Associated With Worldnet.--USIA personnel responsible for
carrying out interactive dialogs with foreign media and other similar
overseas public diplomacy programs using the Worldnet television
broadcasting system, and funds associated with such personnel, shall be
transferred to the Department of State in accordance with the provisions
of title XVI of this subdivision.
(d) Incidental Transfers.--The Director of the Office of
Management and Budget, when requested by the Broadcasting Board of
Governors, is authorized to make such incidental dispositions of
personnel, assets, liabilities, grants, contracts, property, records,
and unexpended balances of appropriations, authorizations, allocations,
and other funds held, used, arising from, available to, or to be made
available in connection with functions and offices
[[Page 112 STAT. 2681-783]]
transferred from USIA, as may be necessary to carry out the provisions
of this section.
SEC. 1327. <> SAVINGS PROVISIONS.
(a) Continuing Legal Force and Effect.--All orders, determinations,
rules, regulations, permits, agreements, grants, contracts,
certificates, licenses, registrations, privileges, and other
administrative actions--
(1) that have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions exercised by the Broadcasting Board
of Governors of the United States Information Agency on the day
before the effective date of this title, and
(2) that are in effect at the time this title takes effect,
or were final before the effective date of this title and are to
become effective on or after the effective date of this title,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Broadcasting Board of Governors, or other authorized
official, a court of competent jurisdiction, or by operation of law.
(b) Pending Proceedings.--
(1) In general.--The provisions of this chapter, or
amendments made by this chapter, shall not affect any
proceedings, including notices of proposed rulemaking, or any
application for any license, permit, certificate, or financial
assistance pending before the Broadcasting Board of Governors of
the United States Information Agency at the time this title
takes effect, with respect to functions exercised by the Board
as of the effective date of this title but such proceedings and
applications shall be continued.
(2) Orders, appeals, and payments.--Orders shall be issued
in such proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if this
chapter had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official, by a court
of competent jurisdiction, or by operation of law.
(3) Statutory construction.--Nothing in this subsection
shall be deemed to prohibit the discontinuance or modification
of any such proceeding under the same terms and conditions and
to the same extent that such proceeding could have been
discontinued or modified if this chapter had not been enacted.
(c) Nonabatement of Proceedings.--No suit, action, or other
proceeding commenced by or against any officer in the official capacity
of such individual as an officer of the Broadcasting Board of Governors,
or any commission or component thereof, shall abate by reason of the
enactment of this chapter. No cause of action by or against the
Broadcasting Board of Governors, or any commission or component thereof,
or by or against any officer thereof in the official capacity of such
officer, shall abate by reason of the enactment of this chapter.
(d) Continuation of Proceedings With Substitution of Parties.--
(1) Substitution of parties.--If, before the effective date
of this title, USIA or the Broadcasting Board of Governors,
[[Page 112 STAT. 2681-784]]
or any officer thereof in the official capacity of such officer,
is a party to a suit which is related to the functions
transferred by this chapter, then effective on such date such
suit shall be continued with the Broadcasting Board of Governors
or other appropriate official of the Board substituted or added
as a party.
(2) Liability of the board.--The Board shall participate in
suits continued under paragraph (1) where the Broadcasting Board
of Governors or other appropriate official of the Board is added
as a party and shall be liable for any judgments or remedies in
those suits or proceedings arising from the exercise of the
functions transferred by this chapter to the same extent that
USIA would have been liable if such judgment or remedy had been
rendered on the day before the abolition of USIA.
(e) Administrative Actions Relating to Promulgation of
Regulations.--Any administrative action relating to the preparation or
promulgation of a regulation by the Broadcasting Board of Governors
relating to a function exercised by the Board before the effective date
of this title may be continued by the Board with the same effect as if
this chapter had not been enacted.
(f) References.--Reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or relating to the Broadcasting Board of Governors of the United States
Information Agency with regard to functions exercised before the
effective date of this title, shall be deemed to refer to the Board.
SEC. 1328. <> REPORT ON THE PRIVATIZATION OF RFE/RL,
INCORPORATED.
Not later than March 1 of each year, the Broadcasting Board of
Governors shall submit to the appropriate congressional committees a
report on the progress of the Board and of RFE/RL, Incorporated, on any
steps taken to further the policy declared in section 312(a) of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995. The
report under this subsection shall include the following:
(1) Efforts by RFE/RL, Incorporated, to terminate individual
language services.
(2) A detailed description of steps taken with regard to
section 312(a) of that Act.
(3) An analysis of prospects for privatization over the
coming year.
(4) An assessment of the extent to which United States
Government funding may be appropriate in the year 2000 and
subsequent years for surrogate broadcasting to the countries to
which RFE/RL, Incorporated, broadcast during the year. This
assessment shall include an analysis of the environment for
independent media in those countries, noting the extent of
government control of the media, the ability of independent
journalists and news organizations to operate, relevant domestic
legislation, level of government harassment and efforts to
censor, and other indications of whether the people of such
countries enjoy freedom of expression.
[[Page 112 STAT. 2681-785]]
CHAPTER 4--CONFORMING AMENDMENTS
SEC. 1331. <> REFERENCES.
(a) In General.--Except as otherwise provided in this subdivision,
any reference in any statute, reorganization plan, Executive order,
regulation, agreement, determination, or other official document or
proceeding to--
(1) the Director of the United States Information Agency or
the Director of the International Communication Agency shall be
deemed to refer to the Secretary of State; and
(2) the United States Information Agency, USIA, or the
International Communication Agency shall be deemed to refer to
the Department of State.
(b) Continuing References to USIA or Director.--Subsection (a)
shall not apply to section 146 (a), (b), or (c) of the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4069a(f),
4069b(g), or 4069c(f)).
SEC. 1332. AMENDMENTS TO TITLE 5, UNITED STATES CODE.
Title 5, United States Code, is amended--
(1) in section 5313, by striking ``Director of the United
States Information Agency.'';
(2) in section 5315--
(A) by striking ``Deputy Director of the United
States Information Agency.''; and
(B) by striking ``Director of the International
Broadcasting Bureau, the United States Information
Agency.'' and inserting ``Director of the International
Broadcasting Bureau.''; and
(3) in section 5316--
(A) by striking ``Deputy Director, Policy and Plans,
United States Information Agency.''; and
(B) by striking ``Associate Director (Policy and
Plans), United States Information Agency.''.
SEC. 1333. <> APPLICATION OF CERTAIN LAWS.
(a) Application to Functions of Department of State.--Section 501
of Public Law 80-402 (22 U.S.C. 1461), section 202 of Public Law 95-426
(22 U.S.C. 1461-1), and section 208 of Public Law 99-93 (22 U.S.C. 1461-
1a) shall not apply to public affairs and other information
dissemination functions of the Secretary of State as carried out prior
to any transfer of functions pursuant to this subdivision.
(b) Application to Functions Transferred to Department of State.--
Section 501 of Public Law 80-402 (22 U.S.C. 1461), section 202 of Public
Law 95-426 (22 U.S.C. 1461-1), and section 208 of Public Law 99-93 (22
U.S.C. 1461-1a) shall apply only to public diplomacy programs of the
Director of the United States Information Agency as carried out prior to
any transfer of functions pursuant to this subdivision to the same
extent that such programs were covered by these provisions prior to such
transfer.
(c) Limitation on Use of Funds.--Except as provided in section 501
of Public Law 80-402 and section 208 of Public Law 99-93, funds
specifically authorized to be appropriated for such public diplomacy
programs shall not be used to influence public opinion in the United
States, and no program material prepared
[[Page 112 STAT. 2681-786]]
using such funds shall be distributed or disseminated in the United
States.
(d) Reporting Requirements.--The report submitted pursuant to
section 1601(f) of this subdivision shall include a detailed statement
of the manner in which the special mission of public diplomacy carried
out by USIA prior to the transfer of functions under this subdivision
shall be preserved within the Department of State, including the planned
duties and responsibilities of any new bureaus that will perform such
public diplomacy functions. Such report shall also include the best
available estimates of--
(1) the amounts expended by the Department of State for
public affairs programs during fiscal year 1998, and on the
personnel and support costs for such programs;
(2) the amounts expended by USIA for its public diplomacy
programs during fiscal year 1998, and on the personnel and
support costs for such programs; and
(3) the amounts, including funds to be transferred from USIA
and funds appropriated to the Department, that will be allocated
for the programs described in paragraphs (1) and (2),
respectively, during the fiscal year in which the transfer of
functions from USIA to the Department occurs.
(e) Congressional Presentation Document.--The Department of
State's Congressional Presentation Document for fiscal year 2000 and
each fiscal year thereafter shall include--
(1) the aggregated amounts that the Department will spend on
such public diplomacy programs and on costs of personnel for
such programs, and a detailed description of the goals and
purposes for which such funds shall be expended; and
(2) the amount of funds allocated to and the positions
authorized for such public diplomacy programs, including bureaus
to be created upon the transfer of functions from USIA to the
Department.
SEC. 1334. <> ABOLITION OF UNITED STATES ADVISORY
COMMISSION ON PUBLIC DIPLOMACY.
(a) Abolition.--The United States Advisory Commission on Public
Diplomacy is abolished.
(b) Repeals.--Section 604 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1469) and section 8 of
Reorganization Plan Numbered 2 of 1977 are repealed.
SEC. 1335. CONFORMING AMENDMENTS.
(a) The United States Information and Educational Exchange Act of
1948 (22 U.S.C. 1431 et seq.) is amended--
(1) in section 505 (22 U.S.C. 1464a)--
(A) by striking ``Director of the United States
Information Agency'' each place it appears and inserting
``Broadcasting Board of Governors'';
(B) by striking ``United States Information Agency''
each place it appears and inserting ``Broadcasting Board
of Governors'';
(C) in subsection (b)--
(i) by striking ``Agency's'' and all that
follows through `` `USIA-TV')'' and inserting
``television broadcasts of the United States
International Television Service''; and
[[Page 112 STAT. 2681-787]]
(ii) in paragraphs (1), (2), and (3), by
striking ``USIA-TV'' each place it appears and
inserting ``The United States International
Television Service''; and
(D) in subsections (d) and (e), by striking ``USIA-
TV'' each place it appears and inserting ``the United
States International Television Service'';
(2) in section 506(c) (22 U.S.C. 1464b(c))--
(A) by striking ``Director of the United States
Information Agency'' and inserting ``Broadcasting Board
of Governors'';
(B) by striking ``Agency'' and inserting ``Board'';
and
(C) by striking ``Director'' and inserting
``Board'';
(3) in section 705 (22 U.S.C 1477c)--
(A) by striking subsections (a) and (c); and
(B) in subsection (b)--
(i) by striking ``(b) In addition, the United
States Information Agency'' and inserting ``The
Department of State''; and
(ii) by striking ``program grants'' and
inserting ``grants for overseas public diplomacy
programs'';
(4) in section 801(7) (22 U.S.C. 1471(7))--
(A) by striking ``Agency'' and inserting ``overseas
public diplomacy''; and
(B) by inserting ``other'' after ``together with'';
and
(5) in section 812 (22 U.S.C. 1475g)--
(A) by striking ``United States Information Agency
post'' each place it appears and inserting ``overseas
public diplomacy post'';
(B) in subsection (a), by striking ``United States
Information Agency'' the first place it appears and
inserting ``Department of State'';
(C) in subsection (b), by striking ``Director of the
United States Information Agency'' and inserting
``Secretary of State''; and
(D) in the section heading, by striking ``USIA'' and
inserting ``OVERSEAS PUBLIC DIPLOMACY''.
(b) Section 212 of the Foreign Relations Authorization Act, Fiscal
Years 1992 and 1993 (22 U.S.C. 1475h) is amended--
(1) by striking ``United States Information Agency'' each
place it appears and inserting ``Department of State'';
(2) in subsection (a), by inserting ``for carrying out its
overseas public diplomacy functions'' after ``grants'';
(3) in subsection (b)--
(A) by striking ``a grant'' the first time it
appears and inserting ``an overseas public diplomacy
grant''; and
(B) in paragraph (1), by inserting ``such'' before
``a grant'' the first place it appears;
(4) in subsection (c)(1), by inserting ``overseas public
diplomacy'' before ``grants'';
(5) in subsection (c)(3), by inserting ``such'' before
``grant''; and
(6) by striking subsection (d).
(c) Section 602 of the National and Community Service Act of 1990
(22 U.S.C. 2452a) is amended--
(1) in the second sentence of subsection (a), by striking
``United States Information Agency'' and inserting ``Department
of State''; and
[[Page 112 STAT. 2681-788]]
(2) in subsection (b)--
(A) by striking ``appropriations account of the
United States Information Agency'' and inserting
``appropriate appropriations account of the Department
of State''; and
(B) by striking ``and the United States Information
Agency''.
(d) Section 305 of Public Law 97-446 (19 U.S.C. 2604) is amended in
the first sentence, by striking ``, after consultation with the Director
of the United States Information Agency,''.
(e) Section 601 of Public Law 103-227 (20 U.S.C. 5951(a)) is amended
by striking ``of the Director of the United States Information Agency
and with'' and inserting ``and''.
(f) Section 1003(b) of the Fascell Fellowship Act (22 U.S.C.
4902(b)) is amended--
(1) in the text above paragraph (1), by striking ``9
members'' and inserting ``7 members'';
(2) in paragraph (4), by striking ``Six'' and inserting
``Five'';
(3) by striking paragraph (3); and
(4) by redesignating paragraph (4) as paragraph (3).
(g) Section 803 of the Intelligence Authorization Act, Fiscal Year
1992 (50 U.S.C. 1903) is amended--
(1) in subsection (b)--
(A) by striking paragraph (6); and
(B) by redesignating paragraphs (7) and (8) as
paragraphs (6) and (7), respectively; and
(2) in subsection (c), by striking ``subsection (b)(7)'' and
inserting ``subsection (b)(6)''.
(h) Section 7 of the Federal Triangle Development Act (40 U.S.C.
1106) is amended--
(1) in subsection (c)(1)--
(A) in the text above subparagraph (A), by striking
``15 members'' and inserting ``14 members'';
(B) by striking subparagraph (F); and
(C) by redesignating subparagraphs (G) through (J)
as subparagraphs (F) through (I), respectively;
(2) in paragraphs (3) and (5) of subsection (c), by striking
``paragraph (1)(J)'' each place it appears and inserting
``paragraph (1)(I)''; and
(3) in subsection (d)(3) and subsection (e), by striking
``the Administrator and the Director of the United States
Information Agency'' each place it appears and inserting ``and
the Administrator''.
(i) Section 3 of the Woodrow Wilson Memorial Act of 1968 (Public Law
90-637; 20 U.S.C. 80f) is amended--
(1) in subsection (b)--
(A) in the text preceding paragraph (1), by striking
``19 members'' and inserting ``17 members'';
(B) by striking paragraph (7);
(C) by striking ``10'' in paragraph (10) and
inserting ``9''; and
(D) by redesignating paragraphs (8) through (10) as
paragraphs (7) through (9), respectively; and
(2) in subsection (c), by striking ``(9)'' and inserting
``(8)''.
(j) Section 624 of Public Law 89-329 (20 U.S.C. 1131c) is amended by
striking ``the United States Information Agency,''.
(k) The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is
amended--
[[Page 112 STAT. 2681-789]]
(1) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), by striking
``Director of the United States Information Agency'' and
inserting ``Broadcasting Board of Governors'';
(2) in section 210 (22 U.S.C. 3930), by striking ``United
States Information Agency'' and inserting ``Broadcasting Board
of Governors'';
(3) in section 1003(a) (22 U.S.C. 4103(a)), by striking
``United States Information Agency'' and inserting
``Broadcasting Board of Governors''; and
(4) in section 1101(c) (22 U.S.C. 4131(c)), by striking
``the United States Information Agency,'' and inserting
``Broadcasting Board of Governors,''.
(l) The State Department Authorities Act of 1956, as amended by this
division, is further amended--
(1) in section 23(a) (22 U.S.C. 2695(a)), by striking
``United States Information Agency'' and inserting
``Broadcasting Board of Governors'';
(2) in section 25(f) (22 U.S.C. 2697(f))--
(A) by striking ``Director of the United States
Information Agency'' and inserting ``Broadcasting Board
of Governors''; and
(B) by striking ``with respect to their respective
agencies'' and inserting ``with respect to the Board and
the Agency'';
(3) in section 26(b) (22 U.S.C. 2698(b)), as amended by this
division--
(A) by striking ``Director of the United States
Information Agency, the chairman of the Board for
International Broadcasting,'' and inserting
``Broadcasting Board of Governors,''; and
(B) by striking ``with respect to their respective
agencies'' and inserting ``with respect to the Board and
the Agency''; and
(4) in section 32 (22 U.S.C. 2704), as amended by this
division, by striking ``the Director of the United States
Information Agency'' and inserting ``the Broadcasting Board of
Governors''.
(m) Section 507(b)(3) of Public Law 103-317 (22 U.S.C.
2669a(b)(3)) is amended by striking ``, the United States Information
Agency,''.
(n) Section 502 of Public Law 92-352 (2 U.S.C. 194a) is amended by
striking ``the United States Information Agency,''.
(o) Section 6 of Public Law 104-288 (22 U.S.C. 2141d) is amended--
(1) in subsection (a), by striking ``Director of the United
States Information Agency,''; and
(2) in subsection (b), by striking ``the Director of the
United States Information Agency'' and inserting ``the Under
Secretary of State for Public Diplomacy''.
(p) Section 40118(d) of title 49, United States Code, is amended
by striking ``, the Director of the United States Information Agency,''.
(q) Section 155 of Public Law 102-138 <> is amended--
(1) by striking the comma before ``Department of Commerce''
and inserting ``and''; and
(2) by striking ``, and the United States Information
Agency''.
[[Page 112 STAT. 2681-790]]
(r) Section 107 of the Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 (22 U.S.C. 6037) is amended by striking
``Director of the United States Information Agency'' each place it
appears and inserting ``Director of the International Broadcasting
Bureau''.
SEC. 1336. REPEALS.
The following provisions are repealed:
(1) Sections 701 (22 U.S.C. 1476), 704 (22 U.S.C. 1477b),
807 (22 U.S.C 1475b), 808 (22 U.S.C 1475c), 811 (22 U.S.C
1475f), and 1009 (22 U.S.C. 1440) of the United States
Information and Educational Exchange Act of 1948.
(2) Section 106(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2456(c)).
(3) Section 565(e) of the Anti-Economic Discrimination Act
of 1994 (22 U.S.C. 2679c(e)).
(4) <> Section 206(b) of Public
Law 102-138.
(5) Section 2241 of Public Law 104-66.
(6) Sections 1 through 6 of Reorganization Plan Numbered 2
of 1977 (91 Stat. 636).
(7) Section 207 of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (Public Law 100-204; 22 U.S.C. 1463
note).
TITLE XIV--UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
CHAPTER 1--GENERAL PROVISIONS
SEC. 1401. <> EFFECTIVE DATE.
This title, and the amendments made by this title, shall take effect
on the earlier of--
(1) April 1, 1999; or
(2) the date of abolition of the United States International
Development Cooperation Agency pursuant to the reorganization
plan described in section 1601.
CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS
SEC. 1411. <> ABOLITION OF UNITED STATES
INTERNATIONAL DEVELOPMENT COOPERATION AGENCY.
(a) In General.--Except for the components specified in subsection
(b), the United States International Development Cooperation Agency
(including the Institute for Scientific and Technological Cooperation)
is abolished.
(b) AID and OPIC Exempted.--Subsection (a) does not apply to the
Agency for International Development or the Overseas Private Investment
Corporation.
SEC. 1412. <> TRANSFER OF FUNCTIONS AND AUTHORITIES.
(a) Allocation of Funds.--
(1) Allocation to the secretary of state.--Funds made
available under the categories of assistance deemed allocated to
the Director of the International Development Cooperation Agency
under section 1-801 of Executive Order No. 12163 (22 U.S.C. 2381
note) as of October 1, 1997, shall be allocated
[[Page 112 STAT. 2681-791]]
to the Secretary of State on and after the effective date of
this title without further action by the President.
(2) Procedures for reallocations or transfers.--The
Secretary of State may allocate or transfer as appropriate any
funds received under paragraph (1) in the same manner as
previously provided for the Director of the International
Development Cooperation Agency under section 1-802 of that
Executive Order, as in effect on October 1, 1997.
(b) With Respect to the Overseas Private Investment Corporation.--
There are transferred to the Administrator of the Agency for
International Development all functions of the Director of the United
States International Development Cooperation Agency as of the day before
the effective date of this title with respect to the Overseas Private
Investment Corporation.
(c) Other Activities.--The authorities and functions transferred to
the United States International Development Cooperation Agency or the
Director of that Agency by section 6 of Reorganization Plan Numbered 2
of 1979 shall, to the extent such authorities and functions have not
been repealed, be transferred to those agencies or heads of agencies, as
the case may be, in which those authorities and functions were vested by
statute as of the day before the effective date of such reorganization
plan.
SEC. 1413. <> STATUS OF AID.
(a) In General.--Unless abolished pursuant to the reorganization
plan submitted under section 1601, and except as provided in section
1412, there is within the Executive branch of Government the United
States Agency for International Development as an entity described in
section 104 of title 5, United States Code.
(b) Retention of Officers.--Nothing in this section shall require
the reappointment of any officer of the United States serving in the
Agency for International Development of the United States International
Development Cooperation Agency as of the day before the effective date
of this title.
CHAPTER 3--CONFORMING AMENDMENTS
SEC. 1421. <> REFERENCES.
Except as otherwise provided in this subdivision, any reference in
any statute, reorganization plan, Executive order, regulation,
agreement, determination, or other official document or proceeding to
the United States International Development Cooperation Agency (IDCA) or
to the Director or any other officer or employee of IDCA--
(1) insofar as such reference relates to any function or
authority transferred under section 1412(a), shall be deemed to
refer to the Secretary of State;
(2) insofar as such reference relates to any function or
authority transferred under section 1412(b), shall be deemed to
refer to the Administrator of the Agency for International
Development;
(3) insofar as such reference relates to any function or
authority transferred under section 1412(c), shall be deemed to
refer to the head of the agency to which such function or
authority is transferred under such section; and
(4) insofar as such reference relates to any function or
authority not transferred by this title, shall be deemed to
[[Page 112 STAT. 2681-792]]
refer to the President or such agency or agencies as may be
specified by Executive order.
SEC. 1422. CONFORMING AMENDMENTS.
<> (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''.
[[Page 112 STAT. 2681-793]]
(4) Foreign service act of 1980.--The Foreign Service Act of
1980 is amended--
(A) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), by
striking ``Director of the United States International
Development Cooperation Agency'' and inserting
``Administrator of the Agency for International
Development'';
(B) in section 210 (22 U.S.C. 3930), by striking
``United States International Development Cooperation
Agency'' and inserting ``Agency for International
Development'';
(C) in section 1003(a) (22 U.S.C. 4103(a)), by
striking ``United States International Development
Cooperation Agency'' and inserting ``Agency for
International Development''; and
(D) in section 1101(c) (22 U.S.C. 4131(c)), by
striking ``United States International Development
Cooperation Agency'' and inserting ``Agency for
International Development''.
(5) Repeal.--Section 413 of Public Law 96-53 (22 U.S.C.
3512) is repealed.
(6) Title 49.--Section 40118(d) of title 49, United States
Code, is amended by striking ``the Director of the United States
International Development Cooperation Agency'' and inserting
``or the Administrator of the Agency for International
Development''.
(7) Export administration act of 1979.--Section 2405(g) of
the Export Administration Act of 1979 (50 U.S.C. App. 2405(g))
is amended--
(A) by striking ``Director of the United States
International Development Cooperation Agency'' each
place it appears and inserting ``Administrator of the
Agency for International Development''; and
(B) in the fourth sentence, by striking ``Director''
and inserting ``Administrator''.
TITLE XV--AGENCY FOR INTERNATIONAL DEVELOPMENT
CHAPTER 1--GENERAL PROVISIONS
SEC. 1501. <> EFFECTIVE DATE.
This title, and the amendments made by this title, shall take effect
on the earlier of--
(1) April 1, 1999; or
(2) the date of reorganization of the Agency for
International Development pursuant to the reorganization plan
described in section 1601.
CHAPTER 2--REORGANIZATION AND TRANSFER OF FUNCTIONS
SEC. 1511. REORGANIZATION OF AGENCY FOR <> INTERNATIONAL DEVELOPMENT.
(a) In General.--The Agency for International Development shall be
reorganized in accordance with this subdivision and the reorganization
plan transmitted pursuant to section 1601.
(b) Functions To Be Transferred.--The reorganization of the Agency
for International Development shall provide, at a
[[Page 112 STAT. 2681-794]]
minimum, for the transfer to and consolidation with the Department of
State of the following functions of AID:
(1) The Press office.
(2) Certain administrative functions.
CHAPTER 3--AUTHORITIES OF THE SECRETARY OF STATE
SEC. 1521. <> DEFINITION OF UNITED STATES
ASSISTANCE.
In this chapter, the term ``United States assistance'' means
development and other economic assistance, including assistance made
available under the following provisions of law:
(1) Chapter 1 of part I of the Foreign Assistance Act of
1961 (relating to development assistance).
(2) Chapter 4 of part II of the Foreign Assistance Act of
1961 (relating to the economic support fund).
(3) Chapter 10 of part I of the Foreign Assistance Act of
1961 (relating to the Development Fund for Africa).
(4) Chapter 11 of part I of the Foreign Assistance Act of
1961 (relating to assistance for the independent states of the
former Soviet Union).
(5) The Support for East European Democracy Act (22 U.S.C.
5401 et seq.).
SEC. 1522. <> ADMINISTRATOR OF AID REPORTING TO THE
SECRETARY OF STATE.
The Administrator of the Agency for International Development,
appointed pursuant to section 624(a) of the Foreign Assistance Act of
1961 (22 U.S.C. 2384(a)), shall report to and be under the direct
authority and foreign policy guidance of the Secretary of State.
SEC. 1523. <> ASSISTANCE PROGRAMS COORDINATION AND
OVERSIGHT.
(a) Authority of the Secretary of State.--
(1) In general.--Under the direction of the President, the
Secretary of State shall coordinate all United States assistance
in accordance with this section, except as provided in
paragraphs (2) and (3).
(2) Export promotion activities.--Coordination of activities
relating to promotion of exports of United States goods and
services shall continue to be primarily the responsibility of
the Secretary of Commerce.
(3) International economic activities.--Coordination of
activities relating to United States participation in
international financial institutions and relating to
organization of multilateral efforts aimed at currency
stabilization, currency convertibility, debt reduction, and
comprehensive economic reform programs shall continue to be
primarily the responsibility of the Secretary of the Treasury.
(4) Authorities and powers of the secretary of state.--The
powers and authorities of the Secretary provided in this chapter
are in addition to the powers and authorities provided to the
Secretary under any other Act, including section 101(b) and
section 622(c) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151(b), 2382(c)).
(b) Coordination Activities.--Coordination activities of the
Secretary of State under subsection (a) shall include--
[[Page 112 STAT. 2681-795]]
(1) approving an overall assistance and economic cooperation
strategy;
(2) ensuring program and policy coordination among agencies
of the United States Government in carrying out the policies set
forth in the Foreign Assistance Act of 1961, the Arms Export
Control Act, and other relevant assistance Acts;
(3) pursuing coordination with other countries and
international organizations; and
(4) resolving policy, program, and funding disputes among
United States Government agencies.
(c) Statutory Construction.--Nothing in this section may be
construed to lessen the accountability of any Federal agency
administering any program, project, or activity of United States
assistance for any funds made available to the Federal agency for that
purpose.
(d) Authority To Provide Personnel of the Agency for International
Development.--The Administrator of the Agency for International
Development is authorized to detail to the Department of State on a
nonreimbursable basis such personnel employed by the Agency as the
Secretary of State may require to carry out this section.
TITLE XVI--TRANSITION
CHAPTER 1--REORGANIZATION PLAN
SEC. 1601. <> REORGANIZATION PLAN AND
REPORT.
(a) Submission of Plan and Report.--Not later than 60 days after the
date of the enactment of this Act, the President shall transmit to the
appropriate congressional committees a reorganization plan and report
regarding--
(1) the abolition of the United States Arms Control and
Disarmament Agency, the United States Information Agency, and
the United States International Development Cooperation Agency
in accordance with this subdivision;
(2) with respect to the Agency for International
Development, the consolidation and streamlining of the Agency
and the transfer of certain functions of the Agency to the
Department in accordance with section 1511;
(3) the termination of functions of each covered agency as
may be necessary to effectuate the reorganization under this
subdivision, and the termination of the affairs of each agency
abolished under this subdivision;
(4) the transfer to the Department of the functions and
personnel of each covered agency consistent with the provisions
of this subdivision; and
(5) the consolidation, reorganization, and streamlining of
the Department in connection with the transfer of such functions
and personnel in order to carry out such functions.
(b) Covered Agencies.--The agencies covered by this section are the
following:
(1) The United States Arms Control and Disarmament Agency.
(2) The United States Information Agency.
(3) The United States International Development Cooperation
Agency.
(4) The Agency for International Development.
[[Page 112 STAT. 2681-796]]
(c) Plan Elements.--The plan transmitted under subsection (a) shall
contain, consistent with this subdivision, such elements as the
President deems appropriate, including elements that--
(1) identify the functions of each covered agency that will
be transferred to the Department under the plan;
(2) specify the steps to be taken by the Secretary of State
to reorganize internally the functions of the Department,
including the consolidation of offices and functions, that will
be required under the plan in order to permit the Department to
carry out the functions transferred to it under the plan;
(3) specify the funds available to each covered agency that
will be transferred to the Department as a result of the
transfer of functions of such agency to the Department;
(4) specify the proposed allocations within the Department
of unexpended funds transferred in connection with the transfer
of functions under the plan; and
(5) specify the proposed disposition of the property,
facilities, contracts, records, and other assets and liabilities
of each covered agency in connection with the transfer of the
functions of such agency to the Department.
(d) Reorganization Plan of Agency for International Development.--In
addition to applicable provisions of subsection (c), the reorganization
plan transmitted under this section for the Agency for International
Development--
(1) may provide for the abolition of the Agency for
International Development and the transfer of all its functions
to the Department of State; or
(2) in lieu of the abolition and transfer of functions under
paragraph (1)--
(A) shall provide for the transfer to and
consolidation within the Department of the functions set
forth in section 1511; and
(B) may provide for additional consolidation,
reorganization, and streamlining of AID, including--
(i) the termination of functions and
reductions in personnel of AID;
(ii) the transfer of functions of AID, and the
personnel associated with such functions, to the
Department; and
(iii) the consolidation, reorganization, and
streamlining of the Department upon the transfer
of such functions and personnel in order to carry
out the functions transferred.
(e) Modification of Plan.--The President may, on the basis of
consultations with the appropriate congressional committees, modify or
revise any part of the plan transmitted under subsection (a) until that
part of the plan becomes effective in accordance with subsection (g).
(f) Report.--The report accompanying the reorganization plan for the
Department and the covered agencies submitted pursuant to this section
shall describe the implementation of the plan and shall include--
(1) a detailed description of--
(A) the actions necessary or planned to complete the
reorganization,
(B) the anticipated nature and substance of any
orders, directives, and other administrative and
operational actions
[[Page 112 STAT. 2681-797]]
which are expected to be required for completing or
implementing the reorganization, and
(C) any preliminary actions which have been taken in
the implementation process;
(2) the number of personnel and positions of each covered
agency (including civil service personnel, Foreign Service
personnel, and detailees) that are expected to be transferred to
the Department, separated from service with such agency, or
eliminated under the plan, and a projected schedule for such
transfers, separations, and terminations;
(3) the number of personnel and positions of the Department
(including civil service personnel, Foreign Service personnel,
and detailees) that are expected to be transferred within the
Department, separated from service with the Department, or
eliminated under the plan, and a projected schedule for such
transfers, separations, and terminations;
(4) a projected schedule for completion of the
implementation process; and
(5) recommendations, if any, for legislation necessary to
carry out changes made by this subdivision relating to personnel
and to incidental transfers.
(g) Effective Date.--
(1) In general.--The reorganization plan described in this
section, including any modifications or revisions of the plan
under subsection (e), shall become effective on the earlier of
the date for the respective covered agency specified in
paragraph (2) or the date announced by the President under
paragraph (3).
(2) Statutory effective dates.--The effective dates under
this paragraph for the reorganization plan described in this
section are the following:
(A) April 1, 1999, with respect to functions of the
Agency for International Development described in
section 1511.
(B) April 1, 1999, with respect to the abolition of
the United States Arms Control and Disarmament Agency
and the United States International Development
Cooperation Agency.
(C) October 1, 1999, with respect to the abolition
of the United States Information Agency.
<> (3) Effective date
by presidential determination.--An effective date under this
paragraph for a reorganization plan described in this section is
such date as the President shall determine to be appropriate and
announce by notice published in the Federal Register, which date
may be not earlier than 90 calendar days after the President has
transmitted the reorganization plan to the appropriate
congressional committees pursuant to subsection (a).
(4) Statutory construction.--Nothing in this subsection may
be construed to require the transfer of functions, personnel,
records, balance of appropriations, or other assets of a covered
agency on a single date.
<> (5) Supersedes existing law.--
Paragraph (1) shall apply notwithstanding section 905(b) of
title 5, United States Code.
(h) Publication.--The <> reorganization plan described in this section shall be
printed in the Federal Register after the date upon which it first
becomes effective.
[[Page 112 STAT. 2681-798]]
CHAPTER 2--REORGANIZATION AUTHORITY
SEC. 1611. <> REORGANIZATION AUTHORITY.
(a) In General.--The Secretary is authorized, subject to the
requirements of this subdivision, to allocate or reallocate any function
transferred to the Department under any title of this subdivision, and
to establish, consolidate, alter, or discontinue such organizational
entities within the Department as may be necessary or appropriate to
carry out any reorganization under this subdivision, but this subsection
does not authorize the Secretary to modify the terms of any statute that
establishes or defines the functions of any bureau, office, or officer
of the Department.
(b) Requirements and Limitations on Reorganization Plan.--The
reorganization plan transmitted under section 1601 may not have the
effect of--
(1) creating a new executive department;
(2) continuing a function beyond the period authorized by
law for its exercise or beyond the time when it would have
terminated if the reorganization had not been made;
(3) authorizing a Federal agency to exercise a function
which is not authorized by law at the time the plan is
transmitted to Congress;
(4) creating a new Federal agency which is not a component
or part of an existing executive department or independent
agency; or
(5) increasing the term of an office beyond that provided by
law for the office.
SEC. 1612. <> TRANSFER AND ALLOCATION OF
APPROPRIATIONS.
(a) In General.--Except as otherwise provided in this subdivision,
the assets, liabilities (including contingent liabilities arising from
suits continued with a substitution or addition of parties under section
1615(e)), contracts, property, records, and unexpended balance of
appropriations, authorizations, allocations, and other funds employed,
held, used, arising from, available to, or to be made available in
connection with the functions and offices, or portions thereof,
transferred by any title of this subdivision shall be transferred to the
Secretary for appropriate allocation.
(b) Limitation on Use of Transferred Funds.--Except as provided in
subsection (c), unexpended and unobligated funds transferred pursuant to
any title of this subdivision shall be used only for the purposes for
which the funds were originally authorized and appropriated.
(c) Funds To Facilitate Transition.--
(1) Congressional notification.--Funds transferred pursuant
to subsection (a) may be available for the purposes of
reorganization subject to notification of the appropriate
congressional committees in accordance with the procedures
applicable to a reprogramming of funds under section 34 of the
State Department Basic Authorities Act of 1956 (22 U.S.C. 2706).
(2) Transfer authority.--Funds in any account appropriated
to the Department of State may be transferred to another such
account for the purposes of reorganization, subject to
notification of the appropriate congressional committees in
accordance with the procedures applicable to a reprogramming of
funds under section 34 of the State Department Basic
[[Page 112 STAT. 2681-799]]
Authorities Act of 1956 (22 U.S.C. 2706). The authority in this
paragraph is in addition to any other transfer authority
available to the Secretary of State and shall expire September
30, 2000.
SEC. 1613. <> TRANSFER, APPOINTMENT, AND ASSIGNMENT
OF PERSONNEL.
(a) Transfer of Personnel From ACDA and USIA.--Except as otherwise
provided in title XIII--
(1) not later than the date of abolition of ACDA, all
personnel and positions of ACDA, and
(2) not later than the date of abolition of USIA, all
personnel and positions of USIA,
shall be transferred to the Department of State at the same grade or
class and the same rate of basic pay or basic salary rate and with the
same tenure held immediately preceding transfer.
(b) Transfer of Personnel From AID.--Except as otherwise provided in
title XIII, not later than the date of transfer of any function of AID
to the Department of State under this subdivision, all AID personnel
performing such functions and all positions associated with such
functions shall be transferred to the Department of State at the same
grade or class and the same rate of basic pay or basic salary rate and
with the same tenure held immediately preceding transfer.
(c) Assignment Authority.--The Secretary, for a period of not more
than 6 months commencing on the effective date of the transfer to the
Department of State of personnel under subsections (a) and (b), is
authorized to assign such personnel to any position or set of duties in
the Department of State regardless of the position held or duties
performed by such personnel prior to transfer, except that, by virtue of
such assignment, such personnel shall not have their grade or class or
their rate of basic pay or basic salary rate reduced, nor their tenure
changed. The Secretary shall consult with the relevant exclusive
representatives (as defined in section 1002 of the Foreign Service Act
and in section 7103 of title 5, United States Code) with regard to the
exercise of this authority. This subsection does not authorize the
Secretary to assign any individual to any position that by law requires
appointment by the President, by and with the advice and consent of the
Senate.
(d) Superseding Other Provisions of Law.--Subsections (a) through
(c) shall be exercised notwithstanding any other provision of law.
SEC. 1614. INCIDENTAL <> TRANSFERS.
The Director of the Office of Management and Budget, when
requested by the Secretary, is authorized to make such incidental
dispositions of personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds held, used, arising from,
available to, or to be made available in connection with such functions,
as may be necessary to carry out the provisions of any title of this
subdivision. The Director of the Office of Management and Budget, in
consultation with the Secretary, shall provide for the termination of
the affairs of all entities terminated by this subdivision and for such
further measures and dispositions as may be necessary to effectuate the
purposes of any title of this subdivision.
[[Page 112 STAT. 2681-800]]
SEC. 1615. <> SAVINGS PROVISIONS.
(a) Continuing Legal Force and Effect.--All orders,
determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges, and other
administrative actions--
(1) that have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions that are transferred under any
title of this subdivision; and
(2) that are in effect as of the effective date of such
title, or were final before the effective date of such title and
are to become effective on or after the effective date of such
title,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Secretary, or other authorized official, a court of
competent jurisdiction, or by operation of law.
(b) Pending Proceedings.--
(1) In general.--The provisions of any title of this
subdivision shall not affect any proceedings, including notices
of proposed rulemaking, or any application for any license,
permit, certificate, or financial assistance pending on the
effective date of any title of this subdivision before any
Federal agency, commission, or component thereof, functions of
which are transferred by any title of this subdivision. Such
proceedings and applications, to the extent that they relate to
functions so transferred, shall be continued.
(2) Orders, appeals, payments.--Orders shall be issued in
such proceedings, appeals shall be taken therefrom, and payments
shall be made pursuant to such orders, as if this subdivision
had not been enacted. Orders issued in any such proceedings
shall continue in effect until modified, terminated, superseded,
or revoked by the Secretary, by a court of competent
jurisdiction, or by operation of law.
(3) Statutory construction.--Nothing in this subdivision
shall be deemed to prohibit the discontinuance or modification
of any such proceeding under the same terms and conditions and
to the same extent that such proceeding could have been
discontinued or modified if this subdivision had not been
enacted.
(4) Regulations.--The Secretary is authorized to promulgate
regulations providing for the orderly transfer of proceedings
continued under this subsection to the Department.
(c) No Effect on Judicial or Administrative Proceedings.--Except as
provided in subsection (e) and section 1327(d)--
(1) the provisions of this subdivision shall not affect
suits commenced prior to the effective dates of the respective
titles of this subdivision; and
(2) in all such suits, proceedings shall be had, appeals
taken, and judgments rendered in the same manner and effect as
if this subdivision had not been enacted.
(d) Nonabatement of Proceedings.--No suit, action, or other
proceeding commenced by or against any officer in the official capacity
of such individual as an officer of any Federal agency, or any
commission or component thereof, functions of which are transferred by
any title of this subdivision, shall abate by reason of the enactment of
this subdivision. No cause of action by or
[[Page 112 STAT. 2681-801]]
against any Federal agency, or any commission or component thereof,
functions of which are transferred by any title of this subdivision, or
by or against any officer thereof in the official capacity of such
officer shall abate by reason of the enactment of this subdivision.
(e) Continuation of Proceeding With Substitution of Parties.--If,
before the effective date of any title of this subdivision, any Federal
agency, or officer thereof in the official capacity of such officer, is
a party to a suit, and under this subdivision any function of such
department, agency, or officer is transferred to the Secretary or any
other official of the Department, then effective on such date such suit
shall be continued with the Secretary or other appropriate official of
the Department substituted or added as a party.
(f) Reviewability of Orders and Actions Under Transferred
Functions.--Orders and actions of the Secretary in the exercise of
functions transferred under any title of this subdivision shall be
subject to judicial review to the same extent and in the same manner as
if such orders and actions had been by the Federal agency or office, or
part thereof, exercising such functions immediately preceding their
transfer. Any statutory requirements relating to notice, hearings,
action upon the record, or administrative review that apply to any
function transferred by any title of this subdivision shall apply to the
exercise of such function by the Secretary.
SEC. 1616. <> AUTHORITY OF SECRETARY OF STATE TO
FACILITATE TRANSITION.
Notwithstanding any provision of this subdivision, the Secretary of
State, with the concurrence of the head of the appropriate Federal
agency exercising functions transferred under this subdivision, may
transfer the whole or part of such functions prior to the effective
dates established in this subdivision, including the transfer of
personnel and funds associated with such functions.
SEC. 1617. <> FINAL REPORT.
Not later than January 1, 2001, the President, in consultation with
the Secretary of the Treasury and the Director of the Office of
Management and Budget, shall submit to the appropriate congressional
committees a report which provides a final accounting of the finances
and operations of the agencies abolished under this subdivision.
SUBDIVISION B--FOREIGN RELATIONS <> AUTHORIZATION
TITLE XX--GENERAL PROVISIONS
SEC. 2001. SHORT TITLE.
This subdivision may be cited as the ``Foreign Relations
Authorization Act, Fiscal Years 1998 and 1999''.
SEC. 2002. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
In this subdivision, the term ``appropriate congressional
committees'' means the Committee on International Relations of the House
of Representatives and the Committee on Foreign Relations of the Senate.
[[Page 112 STAT. 2681-802]]
TITLE XXI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE
SEC. 2101. ADMINISTRATION OF FOREIGN AFFAIRS.
The following amounts are authorized to be appropriated for the
Department of State under ``Administration of Foreign Affairs'' to carry
out the authorities, functions, duties, and responsibilities in the
conduct of the foreign affairs of the United States and for other
purposes authorized by law, including the diplomatic security program:
(1) Diplomatic and consular programs.--For ``Diplomatic and
Consular Programs'', of the Department of State $1,730,000,000
for the fiscal year 1998 and $1,644,300,000 for the fiscal year
1999.
(2) Salaries and expenses.--
(A) Authorization of appropriations.--For ``Salaries
and Expenses'', of the Department of State $363,513,000
for the fiscal year 1998 and $355,000,000 for the fiscal
year 1999.
(B) Limitations.--Of the amounts authorized to be
appropriated by subparagraph (A), $2,000,000 for fiscal
year 1998 and $2,000,000 for the fiscal year 1999 are
authorized to be appropriated only for the recruitment
of minorities for careers in the Foreign Service and
international affairs.
(3) Capital investment fund.--For ``Capital Investment
Fund'', of the Department of State $86,000,000 for the fiscal
year 1998 and $80,000,000 for the fiscal year 1999.
(4) Security and maintenance of united states missions.--For
``Security and Maintenance of United States Missions'',
$404,000,000 for the fiscal year 1998 and $403,561,000 for the
fiscal year 1999.
(5) Representation allowances.--For ``Representation
Allowances'', $4,200,000 for the fiscal year 1998 and $4,350,000
for the fiscal year 1999.
(6) Emergencies in the diplomatic and consular service.--For
``Emergencies in the Diplomatic and Consular Service'',
$5,500,000 for the fiscal year 1998 and $5,500,000 for the
fiscal year 1999.
(7) Office of the inspector general.--For ``Office of the
Inspector General'', $27,495,000 for the fiscal year 1998 and
$27,495,000 for the fiscal year 1999.
(8) Payment to the american institute in taiwan.--For
``Payment to the American Institute in Taiwan'', $14,000,000 for
the fiscal year 1998 and $14,750,000 for the fiscal year 1999.
(9) Protection of foreign missions and officials.--(A) For
``Protection of Foreign Missions and Officials'', $7,900,000 for
the fiscal year 1998 and $8,100,000 for the fiscal year 1999.
(B) Each amount appropriated pursuant to this paragraph is
authorized to remain available through September 30 of the
fiscal year following the fiscal year for which the amount
appropriated was made.
(10) Repatriation loans.--For ``Repatriation Loans'',
$1,200,000 for the fiscal year 1998 and $1,200,000 for the
fiscal year 1999, for administrative expenses.
[[Page 112 STAT. 2681-803]]
SEC. 2102. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated under
``International Commissions'' for the Department of State to carry out
the authorities, functions, duties, and responsibilities in the conduct
of the foreign affairs of the United States and for other purposes
authorized by law:
(1) International boundary and water commission, united
states and mexico.--For ``International Boundary and Water
Commission, United States and Mexico''--
(A) for ``Salaries and Expenses'' $17,490,000 for
the fiscal year 1998 and $19,551,000 for the fiscal year
1999; and
(B) for ``Construction'' $6,463,000 for the fiscal
year 1998 and $6,463,000 for the fiscal year 1999.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United States
and Canada'', $761,000 for the fiscal year 1998 and $761,000 for
the fiscal year 1999.
(3) International joint commission.--For ``International
Joint Commission'', $3,189,000 for the fiscal year 1998 and
$3,432,000 for the fiscal year 1999.
(4) International fisheries commissions.--For
``International Fisheries Commissions'', $14,549,000 for the
fiscal year 1998 and $14,549,000 for the fiscal year 1999.
SEC. 2103. GRANTS TO THE ASIA FOUNDATION.
Section 404 of The Asia Foundation Act (title IV of Public Law 98-
164) <> is amended to read as follows:
``Sec. 404. There are authorized to be appropriated to the Secretary
of State $10,000,000 for each of the fiscal years 1998 and 1999 for
grants to The Asia Foundation pursuant to this title.''.
SEC. 2104. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated for ``Voluntary Contributions to International
Organizations'', $194,500,000 for the fiscal year 1998 and $214,000,000
for the fiscal year 1999.
(b) Limitations.--
(1) World food program.--Of the amounts authorized to be
appropriated under subsection (a), $4,000,000 for the fiscal
year 1998 and $2,000,000 for the fiscal year 1999 are authorized
to be appropriated only for a United States contribution to the
World Food Program.
(2) United nations voluntary fund for victims of torture.--
Of the amount authorized to be appropriated under subsection
(a), $3,000,000 for the fiscal year 1998 and $3,000,000 for the
fiscal year 1999 are authorized to be appropriated only for a
United States contribution to the United Nations Voluntary Fund
for Victims of Torture.
(3) International program on the elimination of child
labor.--Of the amounts authorized to be appropriated under
subsection (a), $5,000,000 for the fiscal year 1998 and
$5,000,000 for the fiscal year 1999 are authorized to be
appropriated only for a United States contribution to the
[[Page 112 STAT. 2681-804]]
International Labor Organization for the activities of the
International Program on the Elimination of Child Labor.
(c) Availability of Funds.--Amounts authorized to be appropriated
under subsection (a) are authorized to remain available until expended.
SEC. 2105. VOLUNTARY CONTRIBUTIONS TO PEACEKEEPING OPERATIONS.
There are authorized to be appropriated for ``Peacekeeping
Operations'', $77,500,000 for the fiscal year 1998 and $83,000,000 for
the fiscal year 1999 for the Department of State to carry out section
551 of Public Law 87-195.
SEC. 2106. <> LIMITATION ON UNITED STATES VOLUNTARY
CONTRIBUTIONS TO UNITED NATIONS DEVELOPMENT PROGRAM.
(a) Limitation.--Of the amounts made available for fiscal years 1998
and 1999 for United States voluntary contributions to the United Nations
Development Program an amount equal to the amount the United Nations
Development Program will spend in Burma during each fiscal year shall be
withheld unless during such fiscal year the President submits to the
appropriate congressional committees the certification described in
subsection (b).
(b) Certification.--The certification referred to in subsection (a)
is a certification by the President that all programs and activities of
the United Nations Development Program (including United Nations
Development Program--Administered Funds) in Burma--
(1) are focused on eliminating human suffering and
addressing the needs of the poor;
(2) are undertaken only through international or private
voluntary organizations that have been deemed independent of the
State Law and Order Restoration Council (SLORC), after
consultation with the leadership of the National League for
Democracy and the leadership of the National Coalition
Government of the Union of Burma;
(3) provide no financial, political, or military benefit to
the SLORC; and
(4) are carried out only after consultation with the
leadership of the National League for Democracy and the
leadership of the National Coalition Government of the Union of
Burma.
TITLE XXII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
CHAPTER 1--AUTHORITIES AND ACTIVITIES
SEC. 2201. REIMBURSEMENT OF DEPARTMENT OF STATE FOR ASSISTANCE TO
OVERSEAS EDUCATIONAL FACILITIES.
Section 29 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2701) is amended by adding at the end the following:
``Notwithstanding any other provision of law, where the child of a
United States citizen employee of an agency of the United States
Government who is stationed outside the United States attends an
educational facility assisted by the Secretary of State under this
section, the head of that agency is authorized to reimburse, or credit
with advance payment, the Department of State for funds used in
providing assistance to such educational facilities, by grant or
otherwise, under this section.''.
[[Page 112 STAT. 2681-805]]
SEC. 2202. REVISION OF DEPARTMENT OF STATE REWARDS PROGRAM.
Section 36 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2708) is amended to read as follows:
``SEC. 36. <> DEPARTMENT OF STATE REWARDS PROGRAM.
``(a) Establishment.--
``(1) In general.--There is established a program for the
payment of rewards to carry out the purposes of this section.
``(2) Purpose.--The rewards program shall be designed to
assist in the prevention of acts of international terrorism,
international narcotics trafficking, and other related criminal
acts.
``(3) Implementation.--The rewards program shall be
administered by the Secretary of State, in consultation, as
appropriate, with the Attorney General.
``(b) Rewards Authorized.--In the sole discretion of the Secretary
(except as provided in subsection (c)(2)) and in consultation, as
appropriate, with the Attorney General, the Secretary may pay a reward
to any individual who furnishes information leading to--
``(1) the arrest or conviction in any country of any
individual for the commission of an act of international
terrorism against a United States person or United States
property;
``(2) the arrest or conviction in any country of any
individual conspiring or attempting to commit an act of
international terrorism against a United States person or United
States property;
``(3) the arrest or conviction in any country of any
individual for committing, primarily outside the territorial
jurisdiction of the United States, any narcotics-related offense
if that offense involves or is a significant part of conduct
that involves--
``(A) a violation of United States narcotics laws
such that the individual would be a major violator of
such laws;
``(B) the killing or kidnapping of--
``(i) any officer, employee, or contract
employee of the United States Government while
such individual is engaged in official duties, or
on account of that individual's official duties,
in connection with the enforcement of United
States narcotics laws or the implementing of
United States narcotics control objectives; or
``(ii) a member of the immediate family of any
such individual on account of that individual's
official duties, in connection with the
enforcement of United States narcotics laws or the
implementing of United States narcotics control
objectives; or
``(C) an attempt or conspiracy to commit any act
described in subparagraph (A) or (B);
``(4) the arrest or conviction in any country of any
individual aiding or abetting in the commission of an act
described in paragraph (1), (2), or (3); or
``(5) the prevention, frustration, or favorable resolution
of an act described in paragraph (1), (2), or (3).
``(c) Coordination.--
``(1) Procedures.--To ensure that the payment of rewards
pursuant to this section does not duplicate or interfere with
the payment of informants or the obtaining of evidence or
information, as authorized to the Department of Justice, the
[[Page 112 STAT. 2681-806]]
offering, administration, and payment of rewards under this
section, including procedures for--
``(A) identifying individuals, organizations, and
offenses with respect to which rewards will be offered;
``(B) the publication of rewards;
``(C) the offering of joint rewards with foreign
governments;
``(D) the receipt and analysis of data; and
``(E) the payment and approval of payment,
shall be governed by procedures developed by the Secretary of
State, in consultation with the Attorney General.
``(2) Prior approval of attorney general required.--Before
making a reward under this section in a matter over which there
is Federal criminal jurisdiction, the Secretary of State shall
obtain the concurrence of the Attorney General.
``(d) Funding.--
``(1) Authorization of appropriations.--Notwithstanding
section 102 of the Foreign Relations Authorization Act, Fiscal
Years 1986 and 1987 (Public Law 99-93; 99 Stat. 408), but
subject to paragraph (2), there are authorized to be
appropriated to the Department of State from time to time such
amounts as may be necessary to carry out this section.
``(2) Limitation.--No amount of funds may be appropriated
under paragraph (1) which, when added to the unobligated balance
of amounts previously appropriated to carry out this section,
would cause such amounts to exceed $15,000,000.
``(3) Allocation of funds.--To the maximum extent
practicable, funds made available to carry out this section
should be distributed equally for the purpose of preventing acts
of international terrorism and for the purpose of preventing
international narcotics trafficking.
``(4) Period of availability.--Amounts appropriated under
paragraph (1) shall remain available until expended.
``(e) Limitations and Certification.--
``(1) Maximum amount.--No reward paid under this section may
exceed $2,000,000.
``(2) Approval.--A reward under this section of more than
$100,000 may not be made without the approval of the Secretary.
``(3) Certification for payment.--Any reward granted under
this section shall be approved and certified for payment by the
Secretary.
``(4) Nondelegation of authority.--The authority to approve
rewards of more than $100,000 set forth in paragraph (2) may not
be delegated.
``(5) Protection measures.--If the Secretary determines that
the identity of the recipient of a reward or of the members of
the recipient's immediate family must be protected, the
Secretary may take such measures in connection with the payment
of the reward as he considers necessary to effect such
protection.
``(f) Ineligibility.--An officer or employee of any entity of
Federal, State, or local government or of a foreign government who,
while in the performance of his or her official duties, furnishes
information described in subsection (b) shall not be eligible for a
reward under this section.
``(g) Reports.--
[[Page 112 STAT. 2681-807]]
``(1) Reports on payment of rewards.--Not later than 30 days
after the payment of any reward under this section, the
Secretary shall submit a report to the appropriate congressional
committees with respect to such reward. The report, which may be
submitted in classified form if necessary, shall specify the
amount of the reward paid, to whom the reward was paid, and the
acts with respect to which the reward was paid. The report shall
also discuss the significance of the information for which the
reward was paid in dealing with those acts.
``(2) Annual reports.--Not later than 60 days after the end
of each fiscal year, the Secretary shall submit a report to the
appropriate congressional committees with respect to the
operation of the rewards program. The report shall provide
information on the total amounts expended during the fiscal year
ending in that year to carry out this section, including amounts
expended to publicize the availability of rewards.
``(h) Publication Regarding Rewards Offered by Foreign
Governments.--Notwithstanding any other provision of this section, in
the sole discretion of the Secretary, the resources of the rewards
program shall be available for the publication of rewards offered by
foreign governments regarding acts of international terrorism which do
not involve United States persons or property or a violation of the
narcotics laws of the United States.
``(i) Determinations of the Secretary.--A determination made by the
Secretary under this section shall be final and conclusive and shall not
be subject to judicial review.
``(j) Definitions.--As used in this section:
``(1) Act of international terrorism.--The term `act of
international terrorism' includes--
``(A) any act substantially contributing to the
acquisition of unsafeguarded special nuclear material
(as defined in paragraph (8) of section 830 of the
Nuclear Proliferation Prevention Act of 1994 (22 U.S.C.
3201 note)) or any nuclear explosive device (as defined
in paragraph (4) of that section) by an individual,
group, or non-nuclear-weapon state (as defined in
paragraph (5) of that section); and
``(B) any act, as determined by the Secretary, which
materially supports the conduct of international
terrorism, including the counterfeiting of United States
currency or the illegal use of other monetary
instruments by an individual, group, or country
supporting international terrorism as determined for
purposes of section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App.
2405(j)(1)(A)).
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
``(3) Member of the immediate family.--The term `member of
the immediate family', with respect to an individual, includes--
``(A) a spouse, parent, brother, sister, or child of
the individual;
``(B) a person with respect to whom the individual
stands in loco parentis; and
[[Page 112 STAT. 2681-808]]
``(C) any person not covered by subparagraph (A) or
(B) who is living in the individual's household and is
related to the individual by blood or marriage.
``(4) Rewards program.--The term `rewards program' means the
program established in subsection (a)(1).
``(5) United states narcotics laws.--The term `United States
narcotics laws' means the laws of the United States for the
prevention and control of illicit trafficking in controlled
substances (as such term is defined in section 102(6) of the
Controlled Substances Act (21 U.S.C. 802(6))).
``(6) United states person.--The term `United States person'
means--
``(A) a citizen or national of the United States;
and
``(B) an alien lawfully present in the United
States.''.
SEC. 2203. RETENTION OF ADDITIONAL DEFENSE TRADE CONTROLS REGISTRATION
FEES.
Section 45(a) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2717(a)) is amended--
(1) at the end of paragraph (1), by striking ``and'';
(2) in paragraph (2)--
(A) by striking ``functions'' and inserting
``functions, including compliance and enforcement
activities,''; and
(B) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(3) the enhancement of defense trade export compliance and
enforcement activities, including compliance audits of United
States and foreign parties, the conduct of administrative
proceedings, monitoring of end-uses in cases of direct
commercial arms sales or other transfers, and cooperation in
proceedings for enforcement of criminal laws related to defense
trade export controls.''.
SEC. 2204. FEES FOR COMMERCIAL SERVICES.
Section 52(b) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2724(b)) is amended by adding at the end the following:
``Funds deposited under this subsection shall remain available for
obligation through September 30 of the fiscal year following the fiscal
year in which the funds were deposited.''.
SEC. 2205. PILOT PROGRAM FOR FOREIGN AFFAIRS REIMBURSEMENT.
(a) Foreign Affairs Reimbursement.--
(1) In general.--Section 701 of the Foreign Service Act of
1980 (22 U.S.C. 4021) is amended--
(A) by redesignating subsection (d)(4) as subsection
(g); and
(B) by inserting after subsection (d) the following
new subsections:
``(e)(1) The Secretary may provide appropriate training or related
services, except foreign language training, through the institution to
any United States person (or any employee or family member thereof) that
is engaged in business abroad.
``(2) The Secretary may provide job-related training or related
services, including foreign language training, through the institution
to a United States person under contract to provide services to the
United States Government or to any employee thereof that is performing
such services.
[[Page 112 STAT. 2681-809]]
``(3) Training under this subsection may be provided only to the
extent that space is available and only on a reimbursable or advance-of-
funds basis. Reimbursements and advances shall be credited to the
currently available applicable appropriation account.
``(4) Training and related services under this subsection is
authorized only to the extent that it will not interfere with the
institution's primary mission of training employees of the Department
and of other agencies in the field of foreign relations.
``(5) In this subsection, the term `United States person' means--
``(A) any individual who is a citizen or national of the
United States; or
``(B) any corporation, company, partnership, association, or
other legal entity that is 50 percent or more beneficially owned
by citizens or nationals of the United States.
``(f)(1) The Secretary is authorized to provide, on a reimbursable
basis, training programs to Members of Congress or the Judiciary.
``(2) Employees of the legislative branch and employees of the
judicial branch may participate, on a reimbursable basis, in training
programs offered by the institution.
``(3) Reimbursements collected under this subsection shall be
credited to the currently available applicable appropriation account.
``(4) Training under this subsection is authorized only to the
extent that it will not interfere with the institution's primary mission
of training employees of the Department and of other agencies in the
field of foreign relations.''.
<> (2) Effective date.--The
amendments made by paragraph (1) shall take effect on October 1,
1998.
(3) Termination of pilot program.--Effective October 1,
2002, section 701 of the Foreign Service Act of 1980 (22 U.S.C.
4021), as amended by this subsection, is further amended--
(A) by striking subsections (e) and (f); and
(B) by redesignating subsection (g) as paragraph (4)
of subsection (d).
(b) Fees for Use of National Foreign Affairs Training Center.--Title
I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a
et seq.) is amended by adding at the end the following new section:
``SEC. 53. FEES FOR USE OF THE NATIONAL FOREIGN <> AFFAIRS TRAINING CENTER.
``The Secretary is authorized to charge a fee for use of the
National Foreign Affairs Training Center of the Department of State.
Amounts collected under this section (including reimbursements and
surcharges) shall be deposited as an offsetting collection to any
Department of State appropriation to recover the costs of such use and
shall remain available for obligation until expended.''.
<> (c) Reporting on Pilot Program.--Two
years after the date of enactment of this Act, the Secretary of State
shall submit a report to the appropriate congressional committees
containing--
(1) the number of persons who have taken advantage of the
pilot program established under subsections (e) and (f) of
section 701 of the Foreign Service Act of 1980 and section 53 of
the State Department Basic Authorities Act of 1956, as added by
this section;
(2) the business or government affiliation of such persons;
(3) the amount of fees collected; and
[[Page 112 STAT. 2681-810]]
(4) the impact of the program on the primary mission of the
National Foreign Affairs Training Center.
SEC. 2206. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.), as amended by this division, is further amended
by adding at the end the following new section:
``SEC. 54. <> FEE FOR USE OF DIPLOMATIC RECEPTION
ROOMS.
``The Secretary is authorized to charge a fee for use of the
diplomatic reception rooms of the Department of State. Amounts collected
under this section (including reimbursements and surcharges) shall be
deposited as an offsetting collection to any Department of State
appropriation to recover the costs of such use and shall remain
available for obligation until expended.''.
SEC. 2207. ACCOUNTING OF COLLECTIONS IN BUDGET PRESENTATION DOCUMENTS.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.), as amended by this division, is further amended
by adding at the end the following new section:
``SEC. 55. <> ACCOUNTING OF COLLECTIONS IN BUDGET
PRESENTATION DOCUMENTS.
``The Secretary shall include in the annual Congressional
Presentation Document and the Budget in Brief a detailed accounting of
the total collections received by the Department of State from all
sources, including fee collections. Reporting on total collections shall
also cover collections from the preceding fiscal year and the projected
expenditures from all collections accounts.''.
SEC. 2208. OFFICE OF THE INSPECTOR GENERAL.
(a) Procedures.--Section 209(c) of the Foreign Service Act of 1980
(22 U.S.C. 3929(c)) is amended by adding at the end the following:
``(4) The Inspector General shall develop and provide to
employees--
``(A) information detailing their rights to counsel;
and
``(B) guidelines describing in general terms the
policies and procedures of the Office of Inspector
General with respect to individuals under investigation
other than matters exempt from disclosure under other
provisions of law.''.
(b) Notice.--Section 209(e) of the Foreign Service Act of 1980 (22
U.S.C. 3929(e)) is amended by adding at the end the following new
paragraph:
``(3) The Inspector General shall ensure that only officials from
the Office of the Inspector General may participate in formal interviews
or other formal meetings with the individual who is the subject of an
investigation, other than an intelligence-related or sensitive
undercover investigation, or except in those situations when the
Inspector General has a reasonable basis to believe that such notice
would cause tampering with witnesses, destroying evidence, or
endangering the lives of individuals, unless that individual receives
prior adequate notice regarding participation by officials of any other
agency, including the Department of Justice, in such interviews or
meetings.''.
(c) Report.--
[[Page 112 STAT. 2681-811]]
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Inspector General of the Department
of State and the Foreign Service shall submit a report to the
appropriate congressional committees which includes the
following:
(A) Detailed descriptions of the internal guidance
developed or used by the Office of the Inspector General
with respect to public disclosure of any information
related to an ongoing investigation of any officer or
employee of the Department of State, the United States
Information Agency, or the United States Arms Control
and Disarmament Agency.
(B) Detailed descriptions of those instances for the
year ending December 31, 1997, in which any disclosure
of information to the public by an employee of the
Office of Inspector General about an ongoing
investigation occurred, including details on the
recipient of the information, the date of the
disclosure, and the internal clearance process for the
disclosure.
(2) Statutory construction.--Disclosure of information to
the public under this section shall not be construed to include
information shared with Congress by an employee of the Office of
the Inspector General.
SEC. 2209. CAPITAL INVESTMENT FUND.
Section 135 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (22 U.S.C. 2684a) is amended--
(1) in subsection (a), by inserting ``and enhancement''
after ``procurement'';
(2) in subsection (c), by striking ``are authorized to'' and
inserting ``shall'';
(3) in subsection (d), by striking ``for expenditure to
procure capital equipment and information technology'' and
inserting ``for purposes of subsection (a)''; and
(4) by amending subsection (e) to read as follows:
``(e) Reprogramming Procedures.--Funds credited to the Capital
Investment Fund shall not be available for obligation or expenditure
except in compliance with the procedures applicable to reprogramming
notifications under section 34 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2706).''.
SEC. 2210. CONTRACTING FOR LOCAL GUARDS SERVICES OVERSEAS.
Section 136(c) of the Foreign Relations Authorization Act, Fiscal
Years 1990 and 1991 (22 U.S.C. 4864(c)) is amended--
(1) by amending paragraph (3) to read as follows:
``(3) in evaluating proposals for such contracts, award
contracts to the technically acceptable firm offering the lowest
evaluated price, except that proposals of United States persons
and qualified United States joint venture persons (as defined in
subsection (d)) shall be evaluated by reducing the bid price by
10 percent;'';
(2) by inserting ``and'' at the end of paragraph (5);
(3) by striking ``; and'' at the end of paragraph (6) and
inserting a period; and
(4) by striking paragraph (7).
[[Page 112 STAT. 2681-812]]
SEC. 2211. AUTHORITY OF THE FOREIGN CLAIMS SETTLEMENT COMMISSION.
Section 4(a) of the International Claims Settlement Act of 1949 (22
U.S.C. 1623(a)) is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively;
(2) in the first sentence, by striking ``(a) The'' and all
that follows through the period and inserting the following:
``(a)(1) The Commission shall have jurisdiction to receive, examine,
adjudicate, and render a final decision with respect to any claim of the
Government of the United States or of any national of the United
States--
``(A) included within the terms of the Yugoslav Claims
Agreement of 1948;
``(B) included within the terms of any claims agreement
concluded on or after March 10, 1954, between the Government of
the United States and a foreign government (exclusive of
governments against which the United States declared the
existence of a state of war during World War II) similarly
providing for the settlement and discharge of claims of the
Government of the United States and of nationals of the United
States against a foreign government, arising out of the
nationalization or other taking of property, by the agreement of
the Government of the United States to accept from that
government a sum in en bloc settlement thereof; or
``(C) included in a category of claims against a foreign
government which is referred to the Commission by the Secretary
of State.''; and
(3) by redesignating the second sentence as paragraph (2).
SEC. 2212. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS AND
PROCEEDINGS.
(a) Recovery of Certain Expenses.--The Department of State
Appropriation Act of 1937 (22 U.S.C. 2661) is amended in the fifth
undesignated paragraph under the heading entitled ``international
fisheries commission'' by inserting ``(including such expenses as
salaries and other personnel expenses)'' after ``extraordinary
expenses''.
(b) Procurement of Services.--Section 38(c) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2710(c)) is amended in the
first sentence by inserting ``personal and'' before ``other support
services''.
SEC. 2213. GRANTS TO REMEDY INTERNATIONAL ABDUCTIONS OF CHILDREN.
Section 7 of the International Child Abduction Remedies Act (42
U.S.C. 11606; Public Law 100-300) is amended by adding at the end the
following new subsection:
``(e) Grant Authority.--The United States Central Authority is
authorized to make grants to, or enter into contracts or agreements
with, any individual, corporation, other Federal, State, or local
agency, or private entity or organization in the United States for
purposes of accomplishing its responsibilities under the Convention and
this Act.''.
SEC. 2214. COUNTERDRUG AND ANTICRIME ACTIVITIES OF <> THE DEPARTMENT OF STATE.
(a) Counterdrug and Law Enforcement Strategy.--
[[Page 112 STAT. 2681-813]]
(1) Requirement.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State shall establish,
implement, and submit to Congress a comprehensive, long-term
strategy to carry out the counterdrug responsibilities of the
Department of State in a manner consistent with the National
Drug Control Strategy. The strategy shall involve all elements
of the Department in the United States and abroad.
(2) Objectives.--In establishing the strategy, the Secretary
shall--
(A) coordinate with the Office of National Drug
Control Policy in the development of clear, specific,
and measurable counterdrug objectives for the Department
that support the goals and objectives of the National
Drug Control Strategy;
(B) develop specific and, to the maximum extent
practicable, quantifiable measures of performance
relating to the objectives, including annual and long-
term measures of performance, for purposes of assessing
the success of the Department in meeting the objectives;
(C) assign responsibilities for meeting the
objectives to appropriate elements of the Department;
(D) develop an operational structure within the
Department that minimizes impediments to meeting the
objectives;
(E) ensure that every United States ambassador or
chief of mission is fully briefed on the strategy, and
works to achieve the objectives; and
(F) ensure that--
(i) all budgetary requests and transfers of
equipment (including the financing of foreign
military sales and the transfer of excess defense
articles) relating to international counterdrug
efforts conforms with the objectives; and
(ii) the recommendations of the Department
regarding certification determinations made by the
President on March 1 as to the counterdrug
cooperation, or adequate steps on its own, of each
major illicit drug producing and drug trafficking
country to achieve full compliance with the goals
and objectives established by the United Nations
Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances also conform to
meet such objectives.
(3) Reports.--Not later than February 15 of each year
subsequent to the submission of the strategy described in
paragraph (1), the Secretary shall submit to Congress an update
of the strategy. The update shall include--
(A) an outline of the proposed activities with
respect to the strategy during the succeeding year,
including the manner in which such activities will meet
the objectives set forth in paragraph (2); and
(B) detailed information on how certification
determinations described in paragraph (2)(F) made the
previous year affected achievement of the objectives set
forth in paragraph (2) for the previous calendar year.
(4) Limitation on delegation.--The Secretary shall designate
an official in the Department who reports directly to
[[Page 112 STAT. 2681-814]]
the Secretary to oversee the implementation of the strategy
throughout the Department.
(b) Information on International Criminals.--
(1) Information system.--The Secretary shall, in
consultation with the heads of appropriate United States law
enforcement agencies, including the Attorney General and the
Secretary of the Treasury, take appropriate actions to establish
an information system or improve existing information systems
containing comprehensive information on serious crimes committed
by foreign nationals. The information system shall be available
to United States embassies and missions abroad for use in
consideration of applications for visas for entry into the
United States.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report on the actions
taken under paragraph (1).
(c) Overseas Coordination of Counterdrug and Anticrime Programs,
Policy, and Assistance.--
(1) Strengthening coordination.--The responsibilities of
every diplomatic mission of the United States shall include the
strengthening of cooperation between and among the United States
and foreign governmental entities and multilateral entities with
respect to activities relating to international narcotics and
crime.
(2) Designation of officers.--
(A) In general.--Consistent with existing memoranda
of understanding between the Department of State and
other departments and agencies of the United States,
including the Department of Justice, the chief of
mission of every diplomatic mission of the United States
shall designate an officer or officers within the
mission to carry out the responsibility of the mission
under paragraph (1), including the coordination of
counterdrug, law enforcement, rule of law, and
administration of justice programs, policy, and
assistance. Such officer or officers shall report to the
chief of mission, or the designee of the chief of
mission, on a regular basis regarding activities
undertaken in carrying out such responsibility.
(B) Reports.--The chief of mission of every
diplomatic mission of the United States shall submit to
the Secretary on a regular basis a report on the actions
undertaken by the mission to carry out such
responsibility.
(3) Report to congress.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Foreign Relations of the Senate and the Committee
on International Relations of the House of Representatives a
report on the status of any proposals for action or on action
undertaken to improve staffing and personnel management at
diplomatic missions of the United States in order to carry out
the responsibility set forth in paragraph (1).
SEC. 2215. <> ANNUAL REPORT ON OVERSEAS SURPLUS
PROPERTIES.
The Foreign Service Buildings Act, 1926 (22 U.S.C. 292 et seq.) is
amended by adding at the end the following new section:
[[Page 112 STAT. 2681-815]]
``Sec. 12. <> Not later than March 1 of each
year, the Secretary of State shall submit to Congress a report listing
overseas United States surplus properties that are administered under
this Act and that have been identified for sale.''.
SEC. 2216. HUMAN RIGHTS REPORTS.
Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(d)) is amended--
(1) by striking ``January 31'' and inserting ``February
25'';
(2) by redesignating paragraphs (3), (4), (5), and (6) as
paragraphs (4), (5), (6), and (7), respectively; and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) the status of child labor practices in each country,
including--
``(A) whether such country has adopted policies to
protect children from exploitation in the workplace,
including a prohibition of forced and bonded labor and
policies regarding acceptable working conditions; and
``(B) the extent to which each country enforces such
policies, including the adequacy of the resources and
oversight dedicated to such policies;''.
SEC. 2217. REPORTS AND POLICY CONCERNING DIPLOMATIC IMMUNITY.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.), as amended by this division, is further amended
by adding at the end the following new section:
``SEC. 56. <> CRIMES COMMITTED BY DIPLOMATS.
``(a) Annual Report Concerning Diplomatic Immunity.--
``(1) Report to congress.--180 days after the date of
enactment, and annually thereafter, the Secretary of State shall
prepare and submit to the Congress, a report concerning
diplomatic immunity entitled ``Report on Cases Involving
Diplomatic Immunity''.
``(2) Content of report.--In addition to such other
information as the Secretary of State may consider appropriate,
the report under paragraph (1) shall include the following:
``(A) The number of persons residing in the United
States who enjoy full immunity from the criminal
jurisdiction of the United States under laws extending
diplomatic privileges and immunities.
``(B) Each case involving an alien described in
subparagraph (A) in which an appropriate authority of a
State, a political subdivision of a State, or the United
States reported to the Department of State that the
authority had reasonable cause to believe the alien
committed a serious criminal offense within the United
States, and any additional information provided to the
Secretary relating to other serious criminal offenses
that any such authority had reasonable cause to believe
the alien committed before the period covered by the
report. The Secretary may omit from such report any
matter the provision of which the Secretary reasonably
believes would compromise a criminal investigation or
prosecution or which would directly compromise law
enforcement or intelligence sources or methods.
[[Page 112 STAT. 2681-816]]
``(C) Each case described in subparagraph (B) in
which the Secretary of State has certified that a person
enjoys full immunity from the criminal jurisdiction of
the United States under laws extending diplomatic
privileges and immunities.
``(D) The number of United States citizens who are
residing in a receiving state and who enjoy full
immunity from the criminal jurisdiction of such state
under laws extending diplomatic privileges and
immunities.
``(E) Each case involving a United States citizen
under subparagraph (D) in which the United States has
been requested by the government of a receiving state to
waive the immunity from criminal jurisdiction of the
United States citizen.
``(F) Whether the Secretary has made the
notifications referred to in subsection (c) during the
period covered by the report.
``(3) Serious criminal offense defined.--For the purposes of
this section, the term `serious criminal offense' means--
``(A) any felony under Federal, State, or local law;
``(B) any Federal, State, or local offense
punishable by a term of imprisonment of more than 1
year;
``(C) any crime of violence as defined for purposes
of section 16 of title 18, United States Code; or
``(D)(i) driving under the influence of alcohol or
drugs;
``(ii) reckless driving; or
``(iii) driving while intoxicated.
``(b) United States Policy Concerning Reform of Diplomatic
Immunity.--It is the sense of the Congress that the Secretary of State
should explore, in appropriate fora, whether states should enter into
agreements and adopt legislation--
``(1) to provide jurisdiction in the sending state to
prosecute crimes committed in the receiving state by persons
entitled to immunity from criminal jurisdiction under laws
extending diplomatic privileges and immunities; and
``(2) to provide that where there is probable cause to
believe that an individual who is entitled to immunity from the
criminal jurisdiction of the receiving state under laws
extending diplomatic privileges and immunities committed a
serious crime, the sending state will waive such immunity or the
sending state will prosecute such individual.
``(c) Notification of Diplomatic Corps.--The Secretary should
periodically notify each foreign mission of United States policies
relating to criminal offenses committed by individuals with immunity
from the criminal jurisdiction of the United States under laws extending
diplomatic privileges and immunities.''.
SEC. 2218. <> REAFFIRMING UNITED STATES
INTERNATIONAL TELECOMMUNICATIONS POLICY.
(a) Procurement Policy.--It is the policy of the United States to
foster and support procurement of goods and services from private,
commercial companies.
(b) Implementation.--In order to achieve the policy set forth in
subsection (a), the Diplomatic Telecommunications Service Program Office
(DTS-PO) shall--
(1) utilize full and open competition, to the maximum extent
practicable, in the procurement of telecommunications
[[Page 112 STAT. 2681-817]]
services, including satellite space segment, for the Department
of State and each other Federal entity represented at United
States diplomatic missions and consular posts overseas;
(2) make every effort to ensure and promote the
participation in the competition for such procurement of
commercial private sector providers of satellite space segment
who have no ownership or other connection with an
intergovernmental satellite organization; and
(3) implement the competitive procedures required by
paragraphs (1) and (2) at the prime contracting level and, to
the maximum extent practicable, the subcontracting level.
SEC. 2219. REDUCTION OF REPORTING.
(a) Repeals.--The following provisions of law are repealed:
(1) Model foreign language competence posts.--The second
sentence of section 161(c) of the Foreign Relations
Authorization Act, Fiscal Year 1990 and 1991 (22 U.S.C. 4171
note).
(2) Actions of the government of haiti.--Section 705(c) of
the International Security and Development Cooperation Act of
1985 (Public Law 99-83).
<> (3) Training facility for the
foreign service institute.--Section 123(e)(2) of the Foreign
Relations Authorization Act, Fiscal Years 1986 and 1987 (Public
Law 99-93).
(4) Military assistance for haiti.--Section 203(c) of the
Special Foreign Assistance Act of 1986 (Public Law 99-529).
(5) International sugar agreement, 1977.--Section 5 of the
Act entitled ``An Act providing for the implementation of the
International Sugar Agreement, 1977, and for other purposes''
(Public Law 96-236; 7 U.S.C. 3605 and 3606).
(6) Audience survey of worldnet program.--Section 209 (c)
and (d) of the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (Public Law 100-204).
(7) Research on the near and middle east.--Section 228(b) of
the Foreign Relations Authorization Act, Fiscal Years 1992 and
1993 (Public Law 102-138; 22 U.S.C. 2452 note).
(b) Progress Toward Regional Nonproliferation.--Section 620F(c) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2376(c); relating to
periodic reports on progress toward regional nonproliferation) is
amended by striking ``Not later than April 1, 1993 and every six months
thereafter,'' and inserting ``Not later than April 1 of each year,''.
(c) Report on Participation by United States Military Personnel
Abroad in United States Elections.--Section 101(b)(6) of the Uniformed
and Overseas Citizens Absentee Voting Act of 1986 (42 U.S.C.
1973ff(b)(6)) is amended by striking ``of voter participation'' and
inserting ``of uniformed services voter participation, a general
assessment of overseas nonmilitary participation,''.
[[Page 112 STAT. 2681-818]]
CHAPTER 2--CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE
SEC. 2221. USE OF CERTAIN PASSPORT PROCESSING FEES FOR ENHANCED PASSPORT
SERVICES.
For each of the fiscal years 1998 and 1999, of the fees collected
for expedited passport processing and deposited to an offsetting
collection pursuant to title V of the Department of State and Related
Agencies Appropriations Act for Fiscal Year 1995 (Public Law 103-317; 22
U.S.C. 214 note), 30 percent shall be available only for enhancing
passport services for United States citizens, improving the integrity
and efficiency of the passport issuance process, improving the secure
nature of the United States passport, investigating passport fraud, and
deterring entry into the United States by terrorists, drug traffickers,
or other criminals.
SEC. 2222. CONSULAR OFFICERS.
(a) Persons Authorized To Issue Reports of Births Abroad.--Section
33 of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2705) is amended in paragraph (2) by adding at the end the following:
``For purposes of this paragraph, the term `consular officer' includes
any United States citizen employee of the Department of State who is
designated by the Secretary of State to adjudicate nationality abroad
pursuant to such regulations as the Secretary may prescribe.''.
(b) Provisions Applicable to Consular Officers.--Section 1689 of the
Revised Statutes (22 U.S.C. 4191) is amended by inserting ``and to such
other United States citizen employees of the Department of State as may
be designated by the Secretary of State pursuant to such regulations as
the Secretary may prescribe'' after ``such officers''.
(c) Persons Authorized To Authenticate Foreign Documents.--
(1) Designated united states citizens performing notarial
acts.--Section 1750 of the Revised Statutes, as amended (22
U.S.C. 4221) is further amended by inserting after the first
sentence: ``At any post, port, or place where there is no
consular officer, the Secretary of State may authorize any other
officer or employee of the United States Government who is a
United States citizen serving overseas, including any contract
employee of the United States Government, to perform such acts,
and any such contractor so authorized shall not be considered to
be a consular officer.''.
(2) Definition of consular officers.--Section 3492(c) of
title 18, United States Code, is amended by adding at the end
the following: ``For purposes of this section and sections 3493
through 3496 of this title, the term `consular officers'
includes any United States citizen who is designated to perform
notarial functions pursuant to section 1750 of the Revised
Statutes, as amended (22 U.S.C. 4221).''.
(d) Persons Authorized To Administer Oaths.--Section 115 of title
35, United States Code, is amended by adding at the end the following:
``For purposes of this section, a consular officer shall include any
United States citizen serving overseas, authorized to perform notarial
functions pursuant to section 1750 of the Revised Statutes, as amended
(22 U.S.C. 4221).''.
[[Page 112 STAT. 2681-819]]
(e) Definition of Consular Officer.--Section 101(a)(9) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(9)) is amended by--
(1) inserting ``or employee'' after ``officer'' the second
place it appears; and
(2) inserting before the period at the end of the sentence
``or, when used in title III, for the purpose of adjudicating
nationality''.
(f) Training for Employees Performing Consular Functions.--Section
704 of the Foreign Service Act of 1980 (22 U.S.C. 4024) is amended by
adding at the end the following new subsection:
``(d)(1) Before a United States citizen employee (other than a
diplomatic or consular officer of the United States) may be designated
by the Secretary of State, pursuant to regulation, to perform a consular
function abroad, the United States citizen employee shall--
``(A) be required to complete successfully a program of
training essentially equivalent to the training that a consular
officer who is a member of the Foreign Service would receive for
purposes of performing such function; and
``(B) be certified by an appropriate official of the
Department of State to be qualified by knowledge and experience
to perform such function.
``(2) As used in this subsection, the term `consular function'
includes the issuance of visas, the performance of notarial and other
legalization functions, the adjudication of passport applications, the
adjudication of nationality, and the issuance of citizenship
documentation.''.
SEC. 2223. REPEAL OF OUTDATED CONSULAR RECEIPT REQUIREMENTS.
Sections 1726, 1727, and 1728 of the Revised Statutes of the United
States (22 U.S.C. 4212, 4213, and 4214), as amended (relating to
accounting for consular fees) are repealed.
SEC. 2224. ELIMINATION OF DUPLICATE FEDERAL REGISTER PUBLICATION FOR
TRAVEL ADVISORIES.
(a) Foreign Airports.--Section 44908(a) of title 49, United States
Code, is amended--
(1) by inserting ``and'' at the end of paragraph (1);
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(b) Foreign Ports.--Section 908(a) of the International Maritime and
Port Security Act of 1986 (46 U.S.C. App. 1804(a)) is amended by
striking the second sentence, relating to Federal Register publication
by the Secretary of State.
SEC. 2225. DENIAL OF VISAS TO CONFISCATORS OF <> AMERICAN PROPERTY.
(a) Denial of Visas.--Except as otherwise provided in section 401 of
the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996
(Public Law 104-114), and subject to subsection (b), the Secretary of
State may deny the issuance of a visa to any alien who--
(1) through the abuse of position, including a governmental
or political party position, converts or has converted for
personal gain real property that has been confiscated or
expropriated,
[[Page 112 STAT. 2681-820]]
a claim to which is owned by a national of the United States, or
who is complicit in such a conversion; or
(2) induces any of the actions or omissions described in
paragraph (1) by any person.
(b) Exceptions.--Subsection (a) shall not apply to--
(1) any country established by international mandate through
the United Nations; or
(2) any territory recognized by the United States Government
to be in dispute.
(c) Reporting Requirement.--Not later than 6 months after the date
of enactment of this Act, and every 12 months thereafter, the Secretary
of State shall submit to the Speaker of the House of Representatives and
to the chairman of the Committee on Foreign Relations of the Senate a
report, including--
(1) a list of aliens who have been denied a visa under this
subsection; and
(2) a list of aliens who could have been denied a visa under
subsection (a) but were issued a visa and an explanation as to
why each such visa was issued.
SEC. 2226. INADMISSIBILITY OF ANY ALIEN SUPPORTING AN INTERNATIONAL
CHILD ABDUCTOR.
(a) Amendment of Immigration and Nationality Act.--Section
212(a)(10)(C) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(10)(C)) is amended by striking clause (ii) and inserting the
following:
``(ii) Aliens supporting abductors and
relatives of abductors.--Any alien who--
``(I) is known by the Secretary of
State to have intentionally assisted an
alien in the conduct described in clause
(i),
``(II) is known by the Secretary of
State to be intentionally providing
material support or safe haven to an
alien described in clause (i), or
``(III) is a spouse (other than the
spouse who is the parent of the abducted
child), child (other than the abducted
child), parent, sibling, or agent of an
alien described in clause (i), if such
person has been designated by the
Secretary of State at the Secretary's
sole and unreviewable discretion, is
inadmissible until the child described
in clause (i) is surrendered to the
person granted custody by the order
described in that clause, and such
person and child are permitted to return
to the United States or such person's
place of residence.
``(iii) Exceptions.--Clauses (i) and (ii)
shall not apply--
``(I) to a government official of
the United States who is acting within
the scope of his or her official duties;
``(II) to a government official of
any foreign government if the official
has been designated by the Secretary of
State at the Secretary's sole and
unreviewable discretion; or
``(III) so long as the child is
located in a foreign state that is a
party to the Convention on the
[[Page 112 STAT. 2681-821]]
Civil Aspects of International Child
Abduction, done at The Hague on October
25, 1980.''.
<> (b) Effective Date.--The amendment
made by subsection (a) shall apply to aliens seeking admission to the
United States on or after the date of enactment of this Act.
CHAPTER 3--REFUGEES AND MIGRATION
Subchapter A--Authorization of Appropriations
SEC. 2231. MIGRATION AND REFUGEE ASSISTANCE.
(a) Migration and Refugee Assistance.--
(1) Authorization of appropriations.--There are authorized
to be appropriated for ``Migration and Refugee Assistance'' for
authorized activities, $650,000,000 for the fiscal year 1998 and
$704,500,000 for the fiscal year 1999.
(2) Limitations.--
(A) Limitation regarding tibetan refugees in india
and nepal.--Of the amounts authorized to be appropriated
in paragraph (1), not more than $2,000,000 for the
fiscal year 1998 and $2,000,000 for the fiscal year 1999
are authorized to be available only for humanitarian
assistance, including food, medicine, clothing, and
medical and vocational training, to Tibetan refugees in
India and Nepal who have fled Chinese-occupied Tibet.
(B) Refugees resettling in israel.--Of the amounts
authorized to be appropriated in paragraph (1),
$80,000,000 for the fiscal year 1998 and $80,000,000 for
the fiscal year 1999 are authorized to be available for
assistance for refugees resettling in Israel from other
countries.
(C) Humanitarian assistance for displaced burmese.--
Of the amounts authorized to be appropriated in
paragraph (1), $1,500,000 for the fiscal year 1998 and
$1,500,000 for the fiscal year 1999 for humanitarian
assistance are authorized to be available, including
food, medicine, clothing, and medical and vocational
training, to persons displaced as a result of civil
conflict in Burma, including persons still within Burma.
(b) Availability of Funds.--Funds appropriated pursuant to this
section are authorized to remain available until expended.
Subchapter B--Authorities
SEC. 2241. <> UNITED STATES POLICY REGARDING
THE INVOLUNTARY RETURN OF REFUGEES.
(a) In General.--None of the funds made available by this
subdivision shall be available to effect the involuntary return by the
United States of any person to a country in which the person has a well-
founded fear of persecution on account of race, religion, nationality,
membership in a particular social group, or political opinion, except on
grounds recognized as precluding protection as a refugee under the
United Nations Convention Relating to the Status of Refugees of July 28,
1951, and the Protocol Relating to the Status of Refugees of January 31,
1967, subject to the reservations contained in the United States Senate
Resolution of Ratification.
[[Page 112 STAT. 2681-822]]
(b) Migration and Refugee Assistance.--None of the funds made
available by section 2231 of this division or by section 2(c) of the
Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) shall
be available to effect the involuntary return of any person to any
country unless the Secretary of State first notifies the appropriate
congressional committees, except that in the case of an emergency
involving a threat to human life the Secretary of State shall notify the
appropriate congressional committees as soon as practicable.
(c) Involuntary Return Defined.--As used in this section, the term
``to effect the involuntary return'' means to require, by means of
physical force or circumstances amounting to a threat thereof, a person
to return to a country against the person's will, regardless of whether
the person is physically present in the United States and regardless of
whether the United States acts directly or through an agent.
SEC. 2242. <> UNITED STATES POLICY WITH RESPECT
TO THE INVOLUNTARY RETURN OF PERSONS IN DANGER OF SUBJECTION
TO TORTURE.
(a) Policy.--It shall be the policy of the United States not to
expel, extradite, or otherwise effect the involuntary return of any
person to a country in which there are substantial grounds for believing
the person would be in danger of being subjected to torture, regardless
of whether the person is physically present in the United States.
(b) Regulations.--Not later than 120 days after the date of
enactment of this Act, the heads of the appropriate agencies shall
prescribe regulations to implement the obligations of the United States
under Article 3 of the United Nations Convention Against Torture and
Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment,
subject to any reservations, understandings, declarations, and provisos
contained in the United States Senate resolution of ratification of the
Convention.
(c) Exclusion of Certain Aliens.--To the maximum extent consistent
with the obligations of the United States under the Convention, subject
to any reservations, understandings, declarations, and provisos
contained in the United States Senate resolution of ratification of the
Convention, the regulations described in subsection (b) shall exclude
from the protection of such regulations aliens described in section
241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C.
1231(b)(3)(B)).
(d) Review and Construction.--Notwithstanding any other provision
of law, and except as provided in the regulations described in
subsection (b), no court shall have jurisdiction to review the
regulations adopted to implement this section, and nothing in this
section shall be construed as providing any court jurisdiction to
consider or review claims raised under the Convention or this section,
or any other determination made with respect to the application of the
policy set forth in subsection (a), except as part of the review of a
final order of removal pursuant to section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252).
(e) Authority To Detain.--Nothing in this section shall be
construed as limiting the authority of the Attorney General to detain
any person under any provision of law, including, but not limited to,
any provision of the Immigration and Nationality Act.
(f) Definitions.--
[[Page 112 STAT. 2681-823]]
(1) Convention defined.--In this section, the term
``Convention'' means the United Nations Convention Against
Torture and Other Forms of Cruel, Inhuman or Degrading Treatment
or Punishment, done at New York on December 10, 1984.
(2) Same terms as in the convention.--Except as otherwise
provided, the terms used in this section have the meanings given
those terms in the Convention, subject to any reservations,
understandings, declarations, and provisos contained in the
United States Senate resolution of ratification of the
Convention.
SEC. 2243. REPROGRAMMING OF MIGRATION AND REFUGEE ASSISTANCE FUNDS.
Section 34 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2706) is amended--
(1) in subsection (a)--
(A) by striking ``Foreign Affairs'' and inserting
``International Relations and the Committee on
Appropriations''; and
(B) by inserting ``and the Committee on
Appropriations'' after ``Foreign Relations''; and
(2) by adding at the end the following new subsection:
``(c) The Secretary of State may waive the notification requirement
of subsection (a), if the Secretary determines that failure to do so
would pose a substantial risk to human health or welfare. In the case of
any waiver under this subsection, notification to the Committee on
Foreign Relations and the Committee on Appropriations of the Senate and
the Committee on International Relations and the Committee on
Appropriations of the House of Representatives shall be provided as soon
as practicable, but not later than 3 days after taking the action to
which the notification requirement was applicable, and shall contain an
explanation of the emergency circumstances.''.
SEC. 2244. ELIGIBILITY FOR REFUGEE STATUS.
Section 584 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997 (Public Law 104-208; 110 Stat. 3009-
171) is amended--
(1) in subsection (a)--
(A) by striking ``For purposes'' and inserting
``Notwithstanding any other provision of law, for
purposes''; and
(B) by striking ``fiscal year 1997'' and inserting
``fiscal years 1997, 1998, and 1999''; and
(2) by amending subsection (b) to read as follows:
``(b) Aliens Covered.--
``(1) In general.-- An alien described in this subsection is
an alien who--
``(A) is the son or daughter of a qualified
national;
``(B) is 21 years of age or older; and
``(C) was unmarried as of the date of acceptance of
the alien's parent for resettlement under the Orderly
Departure Program.
``(2) Qualified national.--For purposes of paragraph (1),
the term `qualified national' means a national of Vietnam who--
``(A)(i) was formerly interned in a reeducation camp
in Vietnam by the Government of the Socialist Republic
of Vietnam; or
[[Page 112 STAT. 2681-824]]
``(ii) is the widow or widower of an individual
described in clause (i); and
``(B)(i) qualified for refugee processing under the
reeducation camp internees subprogram of the Orderly
Departure Program; and
``(ii) on or after April 1, 1995, is or has been
accepted--
``(I) for resettlement as a refugee; or
``(II) for admission as an immigrant under the
Orderly Departure Program.''.
SEC. 2245. REPORTS TO CONGRESS CONCERNING CUBAN EMIGRATION POLICIES.
Beginning not later than 6 months after the date of enactment of
this Act, and every 6 months thereafter, the Secretary of State shall
supplement the monthly report to Congress entitled ``Update on
Monitoring of Cuban Migrant Returnees'' with additional information
concerning the methods employed by the Government of Cuba to enforce the
United States-Cuba agreement of September 1994 and the treatment by the
Government of Cuba of persons who have returned to Cuba pursuant to the
United States-Cuba agreement of May 1995.
TITLE XXIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF
STATE PERSONNEL; THE FOREIGN SERVICE
CHAPTER 1--ORGANIZATION OF THE DEPARTMENT OF STATE
SEC. 2301. COORDINATOR FOR COUNTERTERRORISM.
(a) Establishment.--Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding at the
end the following new subsection:
``(f) Coordinator for Counterterrorism.--
`` <> (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).
[[Page 112 STAT. 2681-825]]
SEC. 2302. ELIMINATION OF DEPUTY ASSISTANT SECRETARY OF STATE FOR
BURDENSHARING.
Section 161 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (22 U.S.C. 2651a note) is amended by striking subsection
(f).
SEC. 2303. PERSONNEL MANAGEMENT.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a), as amended by this division, is further amended by adding
at the end the following new subsection:
``(g) Qualifications of Officer Having Primary Responsibility for
Personnel Management.--The officer of the Department of State with
primary responsibility for assisting the Secretary of State with respect
to matters relating to personnel in the Department of State, or that
officer's principal deputy, shall have substantial professional
qualifications in the field of human resource policy and management.''.
SEC. 2304. DIPLOMATIC SECURITY.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a), as amended by this division, is further amended by adding
at the end the following new subsection:
``(h) Qualifications of Officer Having Primary Responsibility for
Diplomatic Security.--The officer of the Department of State with
primary responsibility for assisting the Secretary of State with respect
to diplomatic security, or that officer's principal deputy, shall have
substantial professional qualifications in the fields of (1) management,
and (2) Federal law enforcement, intelligence, or security.''.
SEC. 2305. NUMBER OF SENIOR OFFICIAL POSITIONS AUTHORIZED FOR THE
DEPARTMENT OF STATE.
(a) Under Secretaries.--
(1) In general.--Section 1(b) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(b)) is amended by
striking ``5'' and inserting ``6''.
(2) Conforming amendment to title 5.--Section 5314 of title
5, United States Code, is amended by striking ``Under
Secretaries of State (5)'' and inserting ``Under Secretaries of
State (6)''.
(b) Assistant Secretaries.--
(1) In general.--Section 1(c)(1) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) is amended
by striking ``20'' and inserting ``24''.
(2) Conforming amendment to title 5.--Section 5315 of title
5, United States Code, is amended by striking ``Assistant
Secretaries of State (20)'' and inserting ``Assistant
Secretaries of State (24)''.
(c) Deputy Assistant Secretaries.--Section 1 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a), as amended by this
division, is further amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), (g), and (h) as
subsections (d), (e), (f), and (g), respectively.
[[Page 112 STAT. 2681-826]]
SEC. 2306. <> NOMINATION OF UNDER SECRETARIES AND
ASSISTANT SECRETARIES OF STATE.
(a) Under Secretaries of State.--Section 1(b) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)), as
amended by this division, is further amended by adding at the end the
following new paragraph:
``(4) Nomination of Under Secretaries.--Whenever the
President submits to the Senate a nomination of an individual
for appointment to a position in the Department of State that is
described in paragraph (1), the President shall designate the
particular Under Secretary position in the Department of State
that the individual shall have.''.
(b) Assistant Secretaries of State.--Section 1(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)), as
amended by this division, is further amended by adding at the end the
following new paragraph:
``(3) Nomination of Assistant Secretaries.--Whenever the
President submits to the Senate a nomination of an individual
for appointment to a position in the Department of State that is
described in paragraph (1), the President shall designate the
regional or functional bureau or bureaus of the Department of
State with respect to which the individual shall have
responsibility.''.
CHAPTER 2--PERSONNEL OF THE DEPARTMENT OF STATE; THE FOREIGN SERVICE
SEC. 2311. FOREIGN SERVICE REFORM.
(a) Performance Pay.--Section 405 of the Foreign Service Act of 1980
(22 U.S.C. 3965) is amended--
(1) in subsection (a), by striking ``Members'' and inserting
``Subject to subsection (e), members''; and
(2) by adding at the end the following new subsection:
``(e) Notwithstanding any other provision of law, the Secretary of
State may provide for recognition of the meritorious or distinguished
service of any member of the Foreign Service described in subsection (a)
(including any member of the Senior Foreign Service) by means other than
an award of performance pay in lieu of making such an award under this
section.''.
(b) Expedited Separation Out.--
<> (1) Separation of lowest ranked
foreign service members.--Not later than 90 days after the date
of enactment of this Act, the Secretary of State shall develop
and implement procedures to identify, and recommend for
separation, any member of the Foreign Service ranked by
promotion boards of the Department of State in the bottom 5
percent of his or her class for 2 or more of the 5 years
preceding the date of enactment of this Act (in this subsection
referred to as the ``years of lowest ranking'') if the rating
official for such member was not the same individual for any two
of the years of lowest ranking.
(2) Special internal reviews.--In any case where the member
was evaluated by the same rating official in any 2 of the years
of lowest ranking, an internal review of the member's file shall
be conducted to determine whether the member should be
considered for action leading to separation.
[[Page 112 STAT. 2681-827]]
(3) Procedures.--The Secretary of State shall develop
procedures for the internal reviews required under paragraph
(2).
SEC. 2312. RETIREMENT BENEFITS FOR INVOLUNTARY SEPARATION.
(a) Benefits.--Section 609 of the Foreign Service Act of 1980 (22
U.S.C. 4009) is amended--
(1) in subsection (a)(2)(A), by inserting ``or any other
applicable provision of chapter 84 of title 5, United States
Code,'' after ``section 811'';
(2) in subsection (a), by inserting ``or section 855, as
appropriate'' after ``section 806''; and
(3) in subsection (b)(2)--
(A) by striking ``(2)'' and inserting ``(2)(A) for
those participants in the Foreign Service Retirement and
Disability System,''; and
(B) by inserting before the period at the end ``;
and (B) for those participants in the Foreign Service
Pension System, benefits as provided in section 851'';
and
(4) in subsection (b) in the matter following paragraph (2),
by inserting ``(for participants in the Foreign Service
Retirement and Disability System) or age 62 (for participants in
the Foreign Service Pension System)'' after ``age 60''.
(b) Entitlement to Annuity.--Section 855(b) of the Foreign Service
Act of 1980 (22 U.S.C. 4071d(b)) is amended--
(1) in paragraph (1)--
(A) by inserting ``611,'' after ``608,'';
(B) by inserting ``or for participants in the
Foreign Service Pension System,'' after ``for
participants in the Foreign Service Retirement and
Disability System''; and
(C) by striking ``Service shall'' and inserting
``Service, shall''; and
(2) in paragraph (3), by striking ``or 610'' and inserting
``610, or 611''.
<> (c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date of
the enactment of this Act.
<> (2) Exceptions.--The amendments
made by paragraphs (2) and (3) of subsection (a) and paragraphs
(1)(A) and (2) of subsection (b) shall apply with respect to any
actions taken under section 611 of the Foreign Service Act of
1980 on or after January 1, 1996.
SEC. 2313. AUTHORITY OF SECRETARY TO SEPARATE CONVICTED FELONS FROM THE
FOREIGN SERVICE.
Section 610(a)(2) of the Foreign Service Act of 1980 (22 U.S.C.
4010(a)(2)) is amended in the first sentence by striking ``A member''
and inserting ``Except in the case of an individual who has been
convicted of a crime for which a sentence of imprisonment of more than 1
year may be imposed, a member''.
SEC. 2314. CAREER COUNSELING.
(a) In General.--Section 706(a) of the Foreign Service Act of 1980
(22 U.S.C. 4026(a)) is amended by adding at the end the following new
sentence: ``Career counseling and related services provided pursuant to
this Act shall not be construed to permit an assignment that consists
primarily of paid time to conduct
[[Page 112 STAT. 2681-828]]
a job search and without other substantive duties for more than one
month.''.
(b) Effective Date.--The <> amendment made
by subsection (a) shall be effective 180 days after the date of the
enactment of this Act.
SEC. 2315. LIMITATIONS ON MANAGEMENT ASSIGNMENTS.
Section 1017(e)(2) of the Foreign Service Act of 1980 (22 U.S.C.
4117(e)(2)) is amended to read as follows:
``(2) For the purposes of paragraph (1)(A)(ii) and paragraph
(1)(B), the term `management official' does not include--
``(A) any chief of mission;
``(B) any principal officer or deputy principal
officer;
``(C) any administrative or personnel officer
abroad; or
``(D) any individual described in section 1002(12)
(B), (C), or (D) who is not involved in the
administration of this chapter or in the formulation of
the personnel policies and programs of the
Department.''.
SEC. 2316. AVAILABILITY PAY FOR CERTAIN CRIMINAL INVESTIGATORS WITHIN
THE DIPLOMATIC SECURITY SERVICE.
(a) In General.--Section 5545a of title 5, United States Code, is
amended by adding at the end the following:
``(k)(1) For purposes of this section, the term `criminal
investigator' includes a special agent occupying a position under title
II of Public Law 99-399 if such special agent--
``(A) meets the definition of such term under paragraph (2)
of subsection (a) (applied disregarding the parenthetical matter
before subparagraph (A) thereof); and
``(B) such special agent satisfies the requirements of
subsection (d) without taking into account any hours described
in paragraph (2)(B) thereof.
``(2) In applying subsection (h) with respect to a special agent
under this subsection--
``(A) any reference in such subsection to `basic pay' shall
be considered to include amounts designated as `salary';
``(B) paragraph (2)(A) of such subsection shall be
considered to include (in addition to the provisions of law
specified therein) sections 609(b)(1), 805, 806, and 856 of the
Foreign Service Act of 1980; and
``(C) paragraph (2)(B) of such subsection shall be applied
by substituting for `Office of Personnel Management' the
following: `Office of Personnel Management or the Secretary of
State (to the extent that matters exclusively within the
jurisdiction of the Secretary are concerned)'.''.
(b) Implementation.--Not later than the date on which the amendments
made by this section take effect, each special agent of the Diplomatic
Security Service who satisfies the requirements of subsection (k)(1) of
section 5545a of title 5, United States Code, as amended by this
section, and the appropriate supervisory officer, to be designated by
the Secretary of State, shall make an initial certification to the
Secretary of State that the special agent is expected to meet the
requirements of subsection (d) of such section 5545a. The Secretary of
State may prescribe procedures necessary to administer this subsection.
(c) Technical and Conforming Amendments.--(1) Paragraph (2) of
section 5545a(a) of title 5, United States Code, is amended
[[Page 112 STAT. 2681-829]]
(in the matter before subparagraph (A)) by striking ``Public Law 99-
399)'' and inserting ``Public Law 99-399, subject to subsection (k))''.
(2) Section 5542(e) of such title is amended by striking ``title 18,
United States Code,'' and inserting ``title 18 or section 37(a)(3) of
the State Department Basic Authorities Act of 1956,''.
<> (d) Effective Date.--The amendments made
by this section shall take effect on the first day of the first
applicable pay period--
(1) which begins on or after the 90th day following the date
of the enactment of this Act; and
(2) on which date all regulations necessary to carry out
such amendments are (in the judgment of the Director of the
Office of Personnel Management and the Secretary of State) in
effect.
SEC. 2317. NONOVERTIME DIFFERENTIAL PAY.
Title 5 of the United States Code is amended--
(1) in section 5544(a), by inserting after the fourth
sentence the following new sentence: ``For employees serving
outside the United States in areas where Sunday is a routine
workday and another day of the week is officially recognized as
the day of rest and worship, the Secretary of State may
designate the officially recognized day of rest and worship as
the day with respect to which the preceding sentence shall apply
instead of Sunday.''; and
(2) at the end of section 5546(a), by adding the following
new sentence: ``For employees serving outside the United States
in areas where Sunday is a routine workday and another day of
the week is officially recognized as the day of rest and
worship, the Secretary of State may designate the officially
recognized day of rest and worship as the day with respect to
which the preceding sentence shall apply instead of Sunday.''.
SEC. 2318. <