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


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


[[Page 112 STAT. 2681]]

      

      
*Public Law 105-277
105th Congress

                                 An Act


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

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

             DIVISION A--OMNIBUS CONSOLIDATED APPROPRIATIONS

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

 <<NOTE: Agriculture, Rural Development, Food and Drug Administration, 
     and Related Agencies Appropriations Act, 1999.>> AN ACT Making 
    appropriations for Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies programs for the fiscal year ending 
September 30, 1999, and for other purposes.

                                 TITLE I

                          AGRICULTURAL PROGRAMS

                  Production, Processing, and Marketing

                         Office of the Secretary

                     (including transfers of funds)

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

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

112 STAT. 2681-

112 STAT. 2681-

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

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

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

[[Page 112 STAT. 2681-1]]

                          Executive Operations

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

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

                  Office of Budget and Program Analysis

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

                 Office of the Chief Information Officer

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

                  Office of the Chief Financial Officer

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

          Office of the Assistant Secretary for Administration

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

        Agriculture Buildings and Facilities and Rental Payments

    For payment of space rental and related costs pursuant to Public Law 
92-313, including authorities pursuant to the 1984 delegation of 
authority from the Administrator of General Services

[[Page 112 STAT. 2681-2]]

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

                       Hazardous Waste Management

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

                       Departmental Administration

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

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

[[Page 112 STAT. 2681-3]]

      Office of the Assistant Secretary for Congressional Relations

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

                        Office of Communications

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

                     Office of the Inspector General

    For necessary expenses of the Office of the Inspector General, 
including employment pursuant to the second sentence of section 706(a) 
of the Organic Act of 1944 (7 U.S.C. 2225), and the Inspector General 
Act of 1978, $65,128,000, including such sums as may be necessary for 
contracting and other arrangements with public agencies and private 
persons pursuant to section 6(a)(9) of the Inspector General Act of 
1978, including a sum not to exceed $50,000 for employment under 5 
U.S.C. 3109; and including a sum not to exceed $100,000 for certain 
confidential operational expenses, including the payment of informants, 
to be expended under the direction of the Inspector General pursuant to 
Public Law 95-452 and section 1337 <<NOTE: 7 USC 2270a.>> of Public Law 
97-98: Provided, That for fiscal year 1999 and thereafter, funds 
transferred to the Office of the Inspector General through forfeiture 
proceedings or from the Department of Justice Assets Forfeiture Fund or 
the Department of the Treasury Forfeiture Fund, as a participating 
agency, as an equitable share from the forfeiture of property in 
investigations in which the Office of the Inspector General 
participates, or through the granting of a Petition for Remission or 
Mitigation, shall be deposited to the credit of this account for law 
enforcement activities authorized under the Inspector General Act of 
1978, to remain available until expended.

                      Office of the General Counsel

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

[[Page 112 STAT. 2681-4]]

   Office of the Under Secretary for Research, Education and Economics

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

                        Economic Research Service

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

                National Agricultural Statistics Service

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

                      Agricultural Research Service

    For necessary expenses to enable the Agricultural Research Service 
to perform agricultural research and demonstration relating to 
production, utilization, marketing, and distribution (not otherwise 
provided for); home economics or nutrition and consumer use including 
the acquisition, preservation, and dissemination of agricultural 
information; and for acquisition of lands by donation, exchange, or 
purchase at a nominal cost not to exceed $100, and for land exchanges 
where the lands exchanged shall be of equal value or shall be equalized 
by a payment of money to the grantor which shall not exceed 25 percentof 
the total value of the land or interests transferred out of Federal 
ownership, $785,518,000: Provided, That appropriations hereunder shall 
be available for temporary employment pursuant to the second sentence of 
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to 
exceed $115,000 shall be available for employment under 5 U.S.C. 3109: 
<<NOTE: 7 USC 2254.>> Provided further, That appropriations hereunder 
shall be available for the

[[Page 112 STAT. 2681-5]]

operation and maintenance of aircraft and the purchase of not to exceed 
one for replacement only: Provided further, That appropriations 
hereunder shall be available pursuant to 7 U.S.C. 2250 for the 
construction, alteration, and repair of buildings and improvements, but 
unless otherwise provided, the cost of constructing any one building 
shall not exceed $250,000, except for headhouses or greenhouses which 
shall each be limited to $1,000,000, and except for ten buildings to be 
constructed or improved at a cost not to exceed $500,000 each, and the 
cost of altering any one building during the fiscal year shall not 
exceed 10 percent of the current replacement value of the building or 
$250,000, whichever is greater: Provided further, That the limitations 
on alterations contained in this Act shall not apply to modernization or 
replacement of existing facilities at Beltsville, Maryland: Provided 
further, That appropriations hereunder shall be available for granting 
easements at the Beltsville Agricultural Research Center, including an 
easement to the University of Maryland to construct the Transgenic 
Animal Facility which upon completion shall be accepted by the Secretary 
as a gift: Provided further, That the foregoing limitations shall not 
apply to replacement of buildings needed to carry out the Act of April 
24, 1948 (21 U.S.C. 113a): Provided further, That funds may be received 
from any State, other political subdivision, organization, or individual 
for the purpose of establishing or operating any research facility or 
research project of the Agricultural Research Service, as authorized by 
law.

    None of the funds in the foregoing paragraph shall be available to 
carry out research related to the production, processing or marketing of 
tobacco or tobacco products.
    In fiscal year 1999, the agency is authorized to charge fees, 
commensurate with the fair market value, for any permit, easement, 
lease, or other special use authorization for the occupancy or use of 
land and facilities (including land and facilities at the Beltsville 
Agricultural Research Center) issued by the agency, as authorized by 
law, and such fees shall be credited to this account and shall remain 
available until expended for authorized purposes.

                        buildings and facilities

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

      Cooperative State Research, Education, and Extension Service

    For payments to agricultural experiment stations, for cooperative 
forestry and other research, for facilities, and for other expenses, 
including $180,545,000 to carry into effect the provisions of the Hatch 
Act (7 U.S.C. 361a-i); $21,932,000 for grants for cooperative forestry 
research (16 U.S.C. 582a-a7); $29,676,000 for

[[Page 112 STAT. 2681-6]]

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

               Native American Institutions Endowment Fund

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

                          Extension Activities

    Payments to States, the District of Columbia, Puerto Rico, Guam, the 
Virgin Islands, Micronesia, Northern Marianas, and American Samoa: For 
payments for cooperative extension work under the Smith-Lever Act, to be 
distributed under sections 3(b) and 3(c) of said Act, and under section 
208(c) of Public Law 93-471, for retirement and employees' compensation 
costs for extension agents and for costs of penalty mail for cooperative 
extension agents and State extension directors, $276,548,000; payments 
for extension work at the 1994 Institutions under the Smith-Lever Act (7 
U.S.C. 343(b)(3)),
$2,060,000; payments for the nutrition and family education program for 
low-income areas under section 3(d) of the Act, $58,695,000; payments 
for the pest management program under section 3(d) of the Act, 
$10,783,000; payments for the farm safety program under section 3(d) of 
the Act, $3,000,000; payments for the pesticide impact assessment 
program under section 3(d) of the Act, $3,214,000; payments to upgrade 
research, extension, and

[[Page 112 STAT. 2681-7]]

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

 Office of the Assistant Secretary for Marketing and Regulatory Programs

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

               Animal and Plant Health Inspection Service

    For expenses, not otherwise provided for, including those pursuant 
to the Act of February 28, 1947 (21 U.S.C. 114b-c), necessary to 
prevent, control, and eradicate pests and plant and animal diseases; to 
carry out inspection, quarantine, and regulatory activities; to 
discharge the authorities of the Secretary of Agriculture under the Act 
of March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426-426b); and to protect the 
environment, as authorized by law, $425,803,000, of which $4,105,000 
shall be available for the control of outbreaks of insects, plant 
diseases, animal diseases and for control of pest animals and birds to 
the extent necessary to meet emergency conditions:  Provided,  That  no  
funds  shall  be  used  to  formulate  or

[[Page 112 STAT. 2681-8]]

administer a brucellosis eradication program for the current fiscal year 
that does not require minimum matching by the States of at least 40 
percent: Provided further, That this appropriation shall be available 
for field employment pursuant to the second sentence of section 706(a) 
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000 
shall be available for employment under 5 U.S.C. 3109: Provided further, 
That this appropriation shall be available for the operation and 
maintenance of aircraft and the purchase of not to exceed four, of which 
two shall be for replacement only: Provided further, That, in addition, 
in emergencies which <<NOTE: 21 USC 129.>>  threaten any segment of the 
agricultural production industry of this country, the Secretary may 
transfer from other appropriations or funds available to the agencies or 
corporations of the Department such sums as may be deemed necessary, to 
be available only in such emergencies for the arrest and eradication of 
contagious or infectious disease or pests of animals, poultry, or 
plants, and for expenses in accordance with the Act of February 28, 
1947, and section 102 of the Act of September 21, 1944, and any 
unexpended balances of funds transferred for such emergency purposes in 
the next preceding fiscal year shall be merged with such transferred 
amounts: Provided further, That appropriations hereunder shall be 
available pursuant to law (7 U.S.C. 2250) for the repair and alteration 
of leased buildings and improvements, but unless otherwise provided the 
cost of altering any one building during the fiscal year shall not 
exceed 10 percent of the current replacement value of the building.

    In fiscal year 1999, the agency is authorized to collect fees to 
cover the total costs of providing technical assistance, goods, or 
services requested by States, other political subdivisions, domestic and 
international organizations, foreign governments, or individuals, 
provided that such fees are structured such that any entity's liability 
for such fees is reasonably based on the technical assistance, goods, or 
services provided to the entity by the agency, and such fees shall be 
credited to this account, to remain available until expended, without 
further appropriation, for providing such assistance, goods, or 
services.
     Of the total amount available under this heading in fiscal year 
1999, $88,000,000 shall be derived from user fees deposited in the 
Agricultural Quarantine Inspection User Fee Account.

                        buildings and facilities

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

                     Agricultural Marketing Service

    For necessary expenses to carry on services related to consumer 
protection, agricultural marketing and distribution, transportation, and 
regulatory programs, as authorized by law, and for administration and 
coordination of payments to States, including field employment pursuant 
to the second sentence of section 706(a) of the Organic Act of 1944 (7 
U.S.C. 2225) and not to exceed $90,000

[[Page 112 STAT. 2681-9]]

for employment under 5 U.S.C. 3109, $48,831,000, including funds for the 
wholesale market development program for the design and development of 
wholesale and farmer market facilities for the major metropolitan areas 
of the country: Provided, That this appropriation shall be available 
pursuant to law (7 U.S.C. 2250) for the alteration and repair of 
buildings and improvements, but the cost of altering any one building 
during the fiscal year shall not exceed 10 percent of the current 
replacement value of the building.
    Fees may be collected for the cost of standardization activities, as 
       established by regulation pursuant to law (31 U.S.C. 9701).

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

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

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

         Grain Inspection, Packers and Stockyards Administration

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

[[Page 112 STAT. 2681-10]]

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

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

                   Food Safety and Inspection Service

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

Office of the Under Secretary for Farm and Foreign Agricultural Services

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

                           Farm Service Agency

    For necessary expenses for carrying out the administration and 
implementation of programs administered by the Farm Service Agency, 
$714,499,000: Provided, That the Secretary is authorized to use the 
services, facilities, and authorities (but not the funds) of the 
Commodity Credit Corporation to make program payments for all programs 
administered by the Agency: Provided further, That other funds made 
available to the Agency for authorized activities may be advanced to and 
merged with this account: Provided further, That these funds shall be 
available for employment

[[Page 112 STAT. 2681-11]]

pursuant to the second sentence of section 706(a) of the Organic Act of 
1944 (7 U.S.C. 2225), and not to exceed $1,000,000 shall be available 
                   for employment under 5 U.S.C. 3109.

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

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

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

[[Page 112 STAT. 2681-12]]

unsubsidized guaranteed loans and $17,480,000 shall be for subsidized 
guaranteed loans; Indian tribe land acquisition loans as authorized by 
25 U.S.C. 488, $153,000; for emergency insured loans, $5,900,000 to meet 
the needs resulting from natural disasters; and for boll weevil 
eradication program loans as authorized by 7 U.S.C. 1989, $1,440,000.

    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $219,861,000, of which $209,861,000 
shall be transferred to and merged with the appropriation for ``Farm 
Service Agency, Salaries and Expenses''.

                         Risk Management Agency

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

                              CORPORATIONS

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

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

                    Commodity Credit Corporation Fund

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

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

[[Page 112 STAT. 2681-13]]

                                TITLE II

                          CONSERVATION PROGRAMS

   Office of the Under Secretary for Natural Resources and Environment

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

                 Natural Resources Conservation Service

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

[[Page 112 STAT. 2681-14]]

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

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

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

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

[[Page 112 STAT. 2681-15]]

                                TITLE III

            RURAL ECONOMIC AND COMMUNITY DEVELOPMENT PROGRAMS

           Office of the Under Secretary for Rural Development

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

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

                          Rural Housing Service

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by title V of the Housing Act of 1949, to 
be available from funds in the rural housing insurance fund, as follows: 
$3,965,313,000 for loans to section 502 borrowers, as determined by the 
Secretary, of which $3,000,000,000 shall be

[[Page 112 STAT. 2681-16]]

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

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

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

    For grants and contracts pursuant to section 523(b)(1)(A) of the 
Housing Act of 1949 (42 U.S.C. 1490c), $26,000,000, to remain available 
until expended (7 U.S.C. 2209b): Provided, That of the total amount 
appropriated, $1,000,000 shall be for empowerment zones and enterprise 
communities, as authorized by Public Law

[[Page 112 STAT. 2681-17]]

103-66: Provided further, That if such funds are not obligated for 
empowerment zones and enterprise communities by June 30, 1999, they 
  shall remain available for other authorized purposes under this head.

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

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

                   Rural Business-Cooperative Service

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

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

[[Page 112 STAT. 2681-18]]

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

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

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

  Alternative Agricultural Research and Commercialization Corporation 
                             Revolving Fund

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

                         Rural Utilities Service

    Insured loans pursuant to the authority of section 305 of the Rural 
Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5 
percent rural electrification loans, $71,500,000; 5

[[Page 112 STAT. 2681-19]]

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

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

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

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

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

[[Page 112 STAT. 2681-20]]

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

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

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

                       Food and Nutrition Service

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

    For necessary expenses to carry out the special supplemental 
nutrition program as authorized by section 17 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1786), $3,924,000,000, to remain available through 
September 30, 2000: Provided, That none of the funds made available 
under this heading shall be used for studies and evaluations: Provided 
further, That of the total amount available, the Secretary shall 
obligate $10,000,000 for the farmers' market nutrition program within 45 
days of the enactment of this Act, and an additional $5,000,000 for the 
farmers' market nutrition program from any funds not needed to maintain 
current caseload levels: Provided further, That none of the funds in 
this Act shall be available to pay administrative expenses of WIC 
clinics except those that have an announced policy of prohibiting 
smoking within the space used to carry out the program: Provided 
further, That none of the funds provided in this account shall be 
available for the purchase of infant formula except in accordance with 
the cost containment and competitive bidding requirements specified in 
section 17 of the Child Nutrition Act of 1966: Provided further, That 
State agencies required to procure infant formula using a competitive 
bidding system may use funds appropriated by this Act to

[[Page 112 STAT. 2681-21]]

purchase infant formula under a cost containment contract entered into 
after September 30, 1996, only if the contract was awarded to the bidder 
offering the lowest net price, as defined by section 17(b)(20) of the 
Child Nutrition Act of 1966, unless the State agency demonstrates to the 
satisfaction of the Secretary that the weighted average retail price for 
different brands of infant formula in the State does not vary by more 
                             than 5 percent.

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

                      commodity assistance program

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

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

                       food program administration

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

[[Page 112 STAT. 2681-22]]

                                 TITLE V

                 FOREIGN ASSISTANCE AND RELATED PROGRAMS

         Foreign Agricultural Service and General Sales Manager

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

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

[[Page 112 STAT. 2681-23]]

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

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

                                TITLE VI

            RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

    For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for payment of 
space rental and related costs pursuant to Public Law 92-313 for 
programs and activities of the Food and Drug Administration which are 
included in this Act; for rental of special purpose space in the 
District of Columbia or elsewhere; and for miscellaneous and emergency 
expenses of enforcement activities, authorized and approved by the 
Secretary and to be accounted for solely on the Secretary's certificate, 
not to exceed $25,000; $1,103,140,000, of which not to exceed 
$132,273,000 in fees pursuant to section 736 of the Federal Food, Drug, 
and Cosmetic Act may be credited to this appropriation and remain 
available until expended: Provided, That fees derived from applications 
received during fiscal year 1999 shall be subject to the fiscal year 
1999 limitation: Provided further, That none of these funds shall be 
used to develop, establish, or operate any program of user fees 
authorized by 31 U.S.C. 9701: Provided further, That of the total amount 
appropriated: (1) $231,580,000 shall be for the Center for Food Safety 
and Applied Nutrition and related field activities in the Office of 
Regulatory Affairs, of which, and notwithstanding section 409(h)(5)(A) 
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), an 
amount of $500,000 shall be made available for the development of 
systems, regulations, and pilot programs, if any, that would be required 
to permit full implementation, consistent with section 409(h)(5) of that 
Act, in fiscal year 2000 of the food contact substance notification 
program under section 409(h) of such Act; (2) $291,981,000 shall be for 
the Center for Drug Evaluation and Research and related field activities 
in the Officeof Regulatory Affairs; (3) $125,095,000 shall be for the 
Center for Biologics Evaluation and Research and for related field 
activities in the Office

[[Page 112 STAT. 2681-24]]

of Regulatory Affairs; (4) $41,973,000 shall be for the Center for 
Veterinary Medicine and for related field activities in the Office of 
Regulatory Affairs; (5) $145,736,000 shall be for the Center for Devices 
and Radiological Health and for related field activities in the Office 
of Regulatory Affairs; (6) $31,579,000 shall be for the National Center 
for Toxicological Research; (7) $34,000,000 shall be for the Office of 
Tobacco; (8) $25,855,000 shall be for Rent and Related activities, other 
than the amounts paid to the General Services Administration; (9) 
$88,294,000 shall be for payments to the General Services Administration 
for rent and related costs; and (10) $87,047,000 shall be for other 
activities, including the Office of the Commissioner, the Office of 
Policy, the Office of External Affairs, the Office of Operations, the 
Office of Management and Systems, and central services for these 
offices: Provided further, That funds may be transferred from one 
specified activity to another with the prior approval of the Committee 
on Appropriations of both Houses of Congress.

    In addition, fees pursuant to section 354 of the Public Health 
Service Act may be credited to this account, to remain available until 
expended.
    In addition, fees pursuant to section 801 of the Federal Food, Drug, 
and Cosmetic Act may be credited to this account, to remain available 
                             until expended.

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

                       DEPARTMENT OF THE TREASURY

                      Financial Management Service

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

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

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

[[Page 112 STAT. 2681-25]]

Commission sponsored educational events and symposia to cover the 
Commission's costs of providing those events and symposia, and 
notwithstanding 31 U.S.C. 3302, said fees shall be credited to this 
account, to be available without further appropriation.

                       Farm Credit Administration

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

                      TITLE VII--GENERAL PROVISIONS

    Sec. 701. Within the unit limit of cost fixed by law, appropriations 
and authorizations made for the Department of Agriculture for the fiscal 
year 1999 under this Act shall be available for the purchase, in 
addition to those specifically provided for, of not to exceed 440 
passenger motor vehicles, of which 437 shall be for replacement only, 
and for the hire of such vehicles.
    Sec. 702. Funds in this Act available to the Department of 
Agriculture shall be available for uniforms or allowances therefor as 
authorized by law (5 U.S.C. 5901-5902).
    Sec.  <<NOTE: 7 USC 1623a.>> 703. Not less than $1,500,000 of the 
appropriations of the Department of Agriculture in this Act for research 
and service work authorized by the Acts of August 14, 1946, and July 28, 
1954 (7 U.S.C. 427 and 1621-1629), and by chapter 63 of title 31, United 
States Code, shall be available for contracting in accordance with said 
Acts and chapter.

    Sec. 704. The cumulative total of transfers to the Working Capital 
Fund for the purpose of accumulating growth capital for data services 
and National Finance Center operations shall not exceed $2,000,000: 
Provided, That no funds in this Act appropriated to an agency of the 
Department shall be transferred to the Working Capital Fund without the 
approval of the agency administrator.
    Sec. <<NOTE: 7 USC 2209b.>> 705. New obligational authority provided 
for the following appropriation items in this Act shall remain available 
until expended (7 U.S.C. 2209b): Animal and Plant Health Inspection 
Service, the contingency fund to meet emergency conditions, fruit fly 
program, integrated systems acquisition project, and up to $2,000,000 
for costs associated with collocating regional offices; Farm Service 
Agency, salaries and expenses funds made available to county committees; 
and Foreign Agricultural Service, middle-income country training 
program.

    New obligational authority for the boll weevil program; up to 10 
percent of the screwworm program of the Animal and Plant Health 
Inspection Service; Food Safety and Inspection Service, field automation 
and information management project; funds appropriated for rental 
payments; funds for the Native American Institutions Endowment Fund in 
the Cooperative State Research, 
Education, and Extension Service; and funds for the competitive research 
grants (7 U.S.C. 450i(b)), shall remain available until expended.

[[Page 112 STAT. 2681-26]]

    Sec. 706. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 707. Not to exceed $50,000 of the appropriations available to 
the Department of Agriculture in this Act shall be available to provide 
appropriate orientation and language training pursuant to Public Law 94-
449.
    Sec. 708. No funds appropriated by this Act may be used to pay 
negotiated indirect cost rates on cooperative agreements or similar 
arrangements between the United States Department of Agriculture and 
nonprofit institutions in excess of 10 percent of the total direct cost 
of the agreement when the purpose of such cooperative arrangements is to 
carry out programs of mutual interest between the two parties. This does 
not preclude appropriate payment of indirect costs on grants and 
contracts with such institutions when such indirect costs are computed 
on a similar basis for all agencies for which appropriations are 
provided in this Act.
     <<NOTE: 7 USC 612c note.>> Sec. 709. Notwithstanding any other 
provision of this Act, commodities acquired by the Department in 
connection with Commodity Credit Corporation and section 32 price 
support operations may be used, as authorized by law (15 U.S.C. 714c and 
7 U.S.C. 612c), to provide commodities to individuals in cases of 
hardship as determined by the Secretary of Agriculture.

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

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

[[Page 112 STAT. 2681-27]]

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

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

[[Page 112 STAT. 2681-28]]

    Sec. 723. None of the funds made available to the Department of 
Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the Office 
of the Chief Information Officer, without the approval of the Chief 
Information Officer and the concurrence of the Executive Information 
Technology Investment Review Board: Provided, That notwithstanding any 
other provision of law, none of the funds appropriated or otherwise made 
available by this Act may be transferred to the Office of the Chief 
Information Officer without the prior approval of the Committee on 
Appropriations of both Houses of Congress.
    Sec. 724. (a) None of the funds provided by this Act, or provided by 
previous Appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 1999, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a reprogramming 
of funds which: (1) creates new programs; (2) eliminates a program, 
project, or activity; (3) increases funds or personnel by any means for 
any project or activity for which funds have been denied or restricted; 
(4) relocates an office or employees; (5) reorganizes offices, programs, 
or activities; or (6) contracts out or privatizes any functions or 
activities presently performed by Federal employees; unless the 
Committee on Appropriations of both Houses of Congress are notified 
fifteen days in advance of such reprogramming of funds.
    (b) None of the funds provided by this Act, or provided by previous 
Appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in fiscal year 1999, or provided 
from any accounts in the Treasury of the United States derived by the 
collection of fees available to the agencies funded by this Act, shall 
be available for obligation or expenditure for activities, programs, or 
projects through a reprogramming of funds in excess of $500,000 or 10 
percent, whichever is less, that: (1) augments existing programs, 
projects, or activities; (2) reduces by 10 percent funding for any 
existing program, project, or activity, or numbers of personnel by 10 
percent as approved by Congress; or (3) results from any general savings 
from a reduction in personnel which would result in a change in existing 
programs, activities, or projects as approved by Congress; unless the 
Committee on Appropriations of both Houses of Congress are notified 
fifteen days in advance of such reprogramming of funds.
    Sec. 725. None of the funds appropriated or otherwise made available 
by this Act or any other Act may be used to pay the salaries and 
expenses of personnel to carry out section 793 of Public Law 104-127, 
with the exception of funds made available under that section on January 
1, 1997.
    Sec. 726. None of the funds appropriated or otherwise made available 
by this Act shall be used to pay the salaries and expenses of personnel 
who carry out an environmental quality incentives program authorized by 
sections 334-341 of Public Law 104-127 in excess of $174,000,000.
    Sec. 727. None of the funds appropriated or otherwise available to 
the Department of Agriculture may be used to administer the provision of 
contract payments to a producer under the Agricultural Market Transition 
Act (7 U.S.C. 7201 et seq.) for contract acreage

[[Page 112 STAT. 2681-29]]

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

    Sec. 730. None of the funds appropriated or otherwise made available 
by this Act shall be used to pay the salaries and expenses of personnel 
to enroll in excess of 120,000 acres in the fiscal year 1999 wetlands 
reserve program as authorized by 16 U.S.C. 3837.
    Sec. 731. None of the funds appropriated or otherwise made available 
by this Act shall be used to pay the salaries and expenses of personnel 
to carry out the emergency food assistance program authorized by section 
27(a) of the Food Stamp Act if such program exceeds $90,000,000.
    Sec. 732. None of the funds appropriated or otherwise made available 
by this or any other Act shall be used to pay the salaries and expenses 
of personnel to carry out the provisions of section 401 of Public Law 
105-185.
    Sec. 733. Notwithstanding any other provision of law, the City of 
Big Spring, Texas shall be eligible to participate in rural housing 
programs administered by the Rural Housing Service.
    Sec. 734. Notwithstanding any other provision of law, the 
Municipality of Carolina, Puerto Rico shall be eligible for grants and 
loans administered by the Rural Utilities Service.
    Sec. 735. Notwithstanding section 381A of the Consolidated Farm and 
Rural Development Act (7 U.S.C. 2009), the definitions of rural areas 
for certain business programs administered by the Rural Business-
Cooperative Service and the community facilities programs administered 
by the Rural Housing Service shall be those provided for in statute and 
regulations prior to the enactment of Public Law 104-127.
    Sec. 736. None of the funds appropriated or otherwise made available 
by this Act shall be used to carry out any commodity purchase program 
that would prohibit eligibility or participation by farmer-owned 
cooperatives.

[[Page 112 STAT. 2681-30]]

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

    Sec. 739. Whenever the Secretary of Agriculture announces the basic 
formula price for milk for purposes of Federal milk marketing orders 
issued under section 8c of the Agricultural Adjustment Act (7 U.S.C. 
608c), reenacted with amendments by the Agricultural Marketing Agreement 
Act of 1937, the Secretary shall include in the announcement an 
estimate, stated on a per hundredweight basis, of the costs incurred by 
milk producers, including transportation and marketing costs, to produce 
milk in the different regions of the United States.
    Sec. 740. None of the funds appropriated or otherwise made available 
by this Act shall be used to pay the salaries and expenses of personnel 
to carry out a conservation farm option program, as authorized by 
section 335 of Public Law 104-127.
     <<NOTE: 7 USC 2279 note.>> Sec. 741. Waiver of Statute of 
Limitations. (a) To the extent permitted by the Constitution, any civil 
action to obtain relief with respect to the discrimination alleged in an 
eligible complaint, if commenced not later than 2 years after the date 
of the enactment of this Act, shall not be barred by any statute of 
limitations.

    (b) The complainant may, in lieu of filing a civil action, seek a 
determination on the merits of the eligible complaint by the Department 
of Agriculture if such complaint was filed not later than 2 years after 
the date of enactment of this Act. The Department of Agriculture shall--
            (1) provide the complainant an opportunity for a hearing on 
        the record before making that determination;
            (2) award the complainant such relief as would be afforded 
        under the applicable statute from which the eligible complaint 
        arose notwithstanding any statute of limitations; and

[[Page 112 STAT. 2681-31]]

            (3) to the maximum extent practicable within 180 days after 
        the date a determination of an eligible complaint is sought 
        under this subsection conduct an investigation, issue a written 
        determination and propose a resolution in accordance with this 
        subsection.

    (c) Notwithstanding subsections (a) and (b), if an eligible claim is 
denied administratively, the claimant shall have at least 180 days to 
commence a cause of action in a Federal court of competent jurisdiction 
seeking a review of such denial.
    (d) The United States Court of Federal Claims and the United States 
District Court shall have exclusive original jurisdiction over--
            (1) any cause of action arising out of a complaint with 
        respect to which this section waives the statute of limitations; 
        and
            (2) any civil action for judicial review of a determination 
        in an administrative proceeding in the Department of Agriculture 
        under this section.

    (e) As used in this section, the term ``eligible complaint'' means a 
nonemployment related complaint that was filed with the Department of 
Agriculture before July 1, 1997 and alleges discrimination at any time 
during the period beginning on January 1, 1981 and ending December 31, 
1996--
            (1) in violation of the Equal Credit Opportunity Act (15 
        U.S.C. 1691 et seq.) in administering--
                    (A) a farm ownership, farm operating, or emergency 
                loan funded from the Agricultural Credit Insurance 
                Program Account; or
                    (B) a housing program established under title V of 
                the Housing Act of 1949; or
            (2) in the administration of a commodity program or a 
        disaster assistance program.

    (f) This section shall apply in fiscal year 1999 and thereafter.
    (g) The standard of review for judicial review of an agency action 
with respect to an eligible complaint is de novo review. Chapter 5 of 
title 5 of the United States Code shall apply with respect to an agency 
action under this section with respect to an eligible complaint, without 
regard to section 554(a)(1) of that title.

     <<NOTE: 7 USC 2279d.>> Sec. 742. In any claim brought under the 
Rehabilitation Act of 1973 and filed with the Secretary of Agriculture 
after January 1994 resulting in a finding that a farmer was subjected to 
discrimination under any farm loan program or activity conducted by the 
United States Department of Agriculture in violation of section 504 of 
the Rehabilitation Act of 1973 (29 U.S.C. 794), the Secretary of 
Agriculture shall be liable for compensatory damages. Such liability 
shall apply to any administrative action brought before the date of 
enactment of this Act, but only if the action is brought within the 
applicable statute of limitations and the complainant sought or seeks 
compensatory damages while the action is pending.

    Sec. 743. Public Law 102-237, Title X, Section 1013(a) and (b) (7 
U.S.C. 426 note) is amended by striking ``, to the extent practicable,'' 
in each instance in which it appears.
    Sec. 744. Funds made available for conservation operations by this 
or any other Act, including prior-year balances, shall be available for 
financial assistance and technical assistance for the purpose of 
constructing the Franklin County Lake Project,

[[Page 112 STAT. 2681-32]]

Mississippi, in the amounts earmarked in appropriations report language.
    Sec. 745. Section 306D of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1926d) is amended by inserting ``25 percent 
in'' in lieu of ``equal'' in subsection (b), and by inserting 
``$20,000,000'' in lieu of ``$15,000,000'' in subsection (d).
    Sec. 746. None of the funds made available to the Food and Drug 
Administration by this Act shall be used to close or relocate, or to 
plan to close or relocate, the Food and Drug Administration Division of 
Drug Analysis in St. Louis, Missouri.
     <<NOTE: 7 USC 1622 note.>> Sec. 747. None of the funds made 
available by this Act or any other Act for any fiscal year may be used 
to carry out section 302(h) of the Agricultural Marketing Act of 1946 (7 
U.S.C. 1622(h)) unless the Secretary of Agriculture inspects and 
certifies agricultural processing equipment, and imposes a fee for the 
inspection and certification, in a manner that is similar to the 
inspection and certification of agricultural products under that 
section, as determined by the Secretary: Provided, That this provision 
shall not affect the authority of the Secretary to carry out the Federal 
Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products 
Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products Inspection 
Act (21 U.S.C. 1031 et seq.).

     <<NOTE: 7 USC 1508 note.>> Sec. 748. Notwithstanding the provisions 
of section 508(b)(5)(A) of the Federal Crop Insurance Act (7 U.S.C. 
1508(b)(5)(A)), for the 1999 reinsurance and subsequent reinsurance 
years, no producer shall pay more than $50 per crop per county as an 
administrative fee for catastrophic risk protection under section 
508(b)(5)(A) of the Act.

    Sec. 749. That notwithstanding section 4703(d)(1) of title 5, United 
States Code, the personnel management demonstration project established 
in the Department of Agriculture, as described at 55 FR 9062 and amended 
at 61 FR 9507 and 61 FR 49178, shall be continued indefinitely and 
become effective upon enactment of this Act.
     <<NOTE: 7 USC 1762 note.>> Sec. 750. Strike the last sentence under 
the heading of Title IV--International Programs, Foreign Agricultural 
Service of Public Law 100-202 (101 STAT. 1329 et seq.) and insert in 
lieu thereof the following: ``On or after August 1, 1998 such 
individuals employed by contract to perform such services shall not, by 
virtue of such employment, be considered to be employees of the United 
States Government for purposes of any law administered by the Office of 
Personnel Management. Such individuals may be considered employees 
within the meaning of the Federal Employee Compensation Act, 5 U.S.C. 
8101 et seq.''.

    Sec. 751. Section 1237D(c)(1) of subchapter C of the Food Security 
Act of 1985 <<NOTE: 16 USC 3837d.>> is amended by inserting after 
``perpetual'' the following ``or 30-year''.

    Sec. 752. <<NOTE: 16 USC 3837.>> Section 1237(b)(2) of subchapter C 
of the Food Security Act of 1985 is amended by adding the following:
                    ``(C) For purposes of subparagraph (A), to the 
                maximum extent practicable should be interpreted to mean 
                that acceptance of wetlands reserve program bids may be 
                in proportion to landowner interest expressed in program 
                options.''.

    Sec. 753. (a) Section 3(d)(3) of the Forest and Rangeland Renewable 
Resources Research Act of 1978 (16 U.S.C. 1642(d)(3)) (as amended by 
section 253(b) of the Agricultural Research,

[[Page 112 STAT. 2681-33]]

Extension, and Education Reform Act of 1998) is amended by striking 
``The Secretary'' and inserting ``At the request of the Governor of the 
State of Maine, New Hampshire, New York, or Vermont, the Secretary''.
    (b) Section 7(e)(2) of the Honey Research, Promotion, and Consumer 
Information Act (7 U.S.C. 4606(e)(2)) (as amended by section 605(f)(3) 
of the Agricultural Research, Extension, and Education Reform Act of 
1998) is amended by striking ``$0.0075'' each place it appears and 
inserting ``$0.01''.
    (c)(1) Section 793(c)(2)(B) of the Federal Agriculture Improvement 
and Reform Act of 1996 (7 U.S.C. 2204f(c)(2)(B)) is amended--
            (A) in clause (iii), by striking ``or'' at the end;
            (B) in clause (iv), by striking the period at the end and 
        inserting ``; or''; and
            (C) by adding at the end the following:
                          ``(v) a State agricultural experiment 
                      station.''.

    (2) Section 401(d) of the Agricultural Research, Extension, and 
Education Reform Act of 1998 (7 U.S.C. 7621(d)) is amended--
            (A) in paragraph (3), by striking ``or'' at the end;
            (B) in paragraph (4), by striking the period at the end and 
        inserting ``; or''; and
            (C) by adding at the end the following:
            ``(5) a State agricultural experiment station.''.

    (d) Section 3(d) of the Hatch Act of 1887 (7 U.S.C. 361c(d)) is 
amended--
            (1) in paragraph (1), by striking ``No'' and inserting 
        ``Except as provided in paragraph (4), no''; and
            (2) by adding at the end the following:
            ``(4) Territories.--In lieu of the matching funds 
        requirement of paragraph (1), the Commonwealth of Puerto Rico, 
        the Virgin Islands, and Guam shall be subject to the same 
        matching funds requirements as those applicable to an eligible 
        institution under section 1449 of the National Agricultural 
        Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 
        3222d).''.

    (e) Section 3(e) of the Smith-Lever Act (7 U.S.C. 343(e)) is 
amended--
            (1) in paragraph (1), by inserting ``paragraph (4) and'' 
        after ``provided in''; and
            (2) by adding at the end the following:
            ``(4) Territories.--In lieu of the matching funds 
        requirement of paragraph (1), the Commonwealth of Puerto Rico, 
        the Virgin Islands, and Guam shall be subject to the same 
        matching funds requirements as those applicable to an eligible 
        institution under section 1449 of the National Agricultural 
        Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 
        3222d).''.

     <<NOTE: Effective date. 7 USC 343 note.>> (f) The amendments made 
by this section shall take effect on the date of enactment of the 
Agricultural Research, Extension, and Education Reform Act of 1998.

    Sec. 754. None of the funds appropriated by this Act or any other 
Act shall be used to pay the salaries and expenses of personnel who 
prepare or submit appropriations language as part of the President's 
Budget submission to the Congress of the United States for programs 
under the jurisdiction of the Appropriations Subcommittees on 
Agriculture, Rural Development, and Related Agencies that assumes 
revenues or reflects a reduction from the previous

[[Page 112 STAT. 2681-34]]

year due to user fees proposals that have not been enacted into law 
prior to the submission of the Budget unless such Budget submission 
identifies which additional spending reductions should occur in the 
event the users fees proposals are not enacted prior to the date of the 
convening of a committee of conference for the fiscal year 2000 
appropriations Act.
    Sec. 755. (a) Section 203(h) of the Agricultural Marketing Act of 
1946 (7 U.S.C. 1622(h)) is amended by adding at the end the following: 
``Shell eggs packed under the voluntary grading program of the 
Department of Agriculture shall not have been shipped for sale previous 
to being packed under the program, as determined under a regulation 
promulgated by the Secretary.''.
    (b) Not later than 90 days after the date of enactment of this Act, 
the Secretary of Agriculture, and the Secretary of Health and Human 
Services, shall submit a joint status report to the Committees on 
Appropriations of the House of Representatives and the Senate that 
describes actions taken by the Secretary of Agriculture and the 
Secretary of Health and Human Services--
            (1) to enhance the safety of shell eggs and egg products;
            (2) to prohibit the grading, under the voluntary grading 
        program of the Department of Agriculture, of shell eggs 
        previously shipped for sale; and
            (3) to assess the feasibility and desirability of applying 
        to all shell eggs the prohibition on repackaging to enhance food 
        safety, consumer information, and consumer awareness.

    Sec. 756. Expenses for computer-related activities of the Department 
of Agriculture funded through the Commodity Credit Corporation pursuant 
to section 161(b)(1)(A) of Public Law 104-127 in fiscal year 1999 shall 
not exceed $65,000,000: Provided, That section 4(g) of the Commodity 
Credit Corporation Charter Act is amended <<NOTE: 15 USC 714b.>>  by 
striking $193,000,000 and inserting $188,000,000.

    Sec. 757. (a) The Secretary of Agriculture may use funds for tree 
assistance made available under Public Law 105-174, to carry out a tree 
assistance program to owners of trees that were lost or destroyed as a 
result of a disaster or emergency that was declared by the President or 
the Secretary of Agriculture during the period beginning May 1, 1998, 
and ending August 1, 1998, regardless of whether the damage resulted in 
loss or destruction after August 1, 1998.
    (b) Subject to subsection (c), the Secretary shall carry out the 
program, to the maximum extent practicable, in accordance with the terms 
and conditions of the tree assistance program established under part 783 
of title 7, Code of Federal Regulations.

    (c) A person shall be presumed eligible for assistance under the 
program if the person demonstrates to the Secretary that trees owned by 
the person were lost or destroyed by May 31, 1999, as a direct result of 
fire blight infestation that was caused by a disaster or emergency 
described in subsection (a).
    Sec. 758. None of the funds appropriated or otherwise made available 
by this Act shall be used to establish an Office of Community Food 
Security or any similar office within the United States Department of 
Agriculture without the prior approval of the Committee on 
Appropriations of both Houses of Congress.
    Sec. 759. Notwithstanding any other provision of law, the city of 
Vineland, New Jersey, shall be eligible for programs

[[Page 112 STAT. 2681-35]]

administered by the Rural Housing Service and the Rural Business-
Cooperative Service.
    Sec. 760. (a)(1) For purposes of this section, the term 
``Commission'' means the Commodity Futures Trading Commission.
    (2) For purposes of this section, the term ``qualifying hybrid 
instrument or swap agreement'' means a hybrid instrument or swap 
agreement that--
            (A) was entered into before the start of the restraint 
        period or is entered into during the restraint period; and
            (B) is exempt under part 34 or part 35 of title 17, Code of 
        Federal Regulations (as in effect on January 1, 1998), qualifies 
        for the safe harbor contained in the Policy Statement of the 
        Commission regarding swap agreements published in the Federal 
        Register on July 21, 1989 (54 Fed. Reg. 30694), or qualifies for 
        the exclusion set forth in the Statutory Interpretation of the 
        Commission concerning certain hybrid instruments published in 
        the Federal Register on April 11, 1990 (55 Fed. Reg. 13582).

    (3) For purposes of this section, the term ``restraint period'' 
means the period--
            (A) beginning on the date of the enactment of this Act; and
            (B) ending on March 30, 1999, or the first date on which 
        legislation is enacted that authorizes appropriations for the 
        Commission for a fiscal year after fiscal year 2000, whichever 
        occurs first.

    (b) During the restraint period, the Commission may not propose or 
issue any rule or regulation, or issue any interpretation or policy 
statement, that restricts or regulates activity in a qualifying hybrid 
instrument or swap agreement.
    (c) Notwithstanding subsection (b), during the restraint period, the 
Commission may--
            (1) act on a petition for exemptive relief under section 
        4(c) of the Commodity Exchange Act (7 U.S.C. 6(c));
            (2) enter such cease and desist orders and take such 
        enforcement action, including the imposition of sanctions, as 
        the Commission considers necessary to enforce any provision of 
        the Commodity Exchange Act (7 U.S.C. 1 et seq.) or title 17, 
        Code of Federal Regulations, in connection with a qualifying 
        hybrid instrument or swap agreement, to the extent such 
        provision is otherwise applicable to that qualifying hybrid 
        instrument or swap agreement or a transaction involving that 
        qualifying hybrid instrument or swap agreement;
            (3) take such action as the Commission considers appropriate 
        with regard to agricultural trade options; and
            (4) take such action as the Commission considers appropriate 
        to respond to a market emergency.

    (d)(1) The legal status of contracts involving a qualifying hybrid 
instrument or swap agreement shall not differ from the legal status 
afforded such contracts during the period--
            (A) beginning on--
                    (i) in the case of swap agreements, July 21, 1989, 
                which was the date on which the Commission adopted a 
                Policy Statement regarding swap agreements (54 Fed. Reg. 
                30694); and
                    (ii) in the case of hybrid instruments, April 11, 
                1990, which was the date that the Statutory 
                Interpretation of

[[Page 112 STAT. 2681-36]]

                the Commission concerning hybrid instruments was 
                published in the Federal Register; and
            (B) ending on January 1, 1998.

    (2) Neither the comment letter of the Commission submitted on 
February 26, 1998, to the Securities and Exchange Commission regarding 
the proposal known as ``Broker-Dealer Lite'', nor the Concept Release of 
the Commission regarding over-the-counter derivatives published in the 
Federal Register on May 12, 1998 (63 Fed. Reg. 26114), shall alter or 
affect the legal status of a qualifying hybrid instrument or swap 
agreement under the Commodity Exchange Act (7 U.S.C. 1 et seq.).
    (e) Nothing in this section shall be construed as reflecting or 
implying a determination that a qualifying hybrid instrument or swap 
agreement, or a transaction involving a qualifying hybrid instrument or 
swap agreement, is subject to the Commodity Exchange Act (7 U.S.C. 1 et 
seq.).
    Sec. 761. None of the funds appropriated or otherwise made available 
by this or any other Act may be used to carry out provision of section 
612 of Public Law 105-185.
    Sec. 762. Section 136 of the Agricultural Market Transition Act (7 
U.S.C. 7236) is amended by striking ``1.25 cents'' each place it appears 
in subsections (a) and (b) and inserting ``3 cents''.
    Sec. 763. In implementing section 1124 of subtitle C of title XI of 
this Act, the Secretary of Agriculture shall:
    (a) provide $18,000,000 to the states for distribution of emergency 
aid to individuals with family incomes below the federal poverty level 
who have been adversely affected utilizing Federal Emergency Management 
Agency guidelines;
    (b) transfer to the Secretary of Commerce for obligation and 
expenditure (1) $15,000,000 for programs pursuant to title IX of Public 
Law 91-304, as amended, of which six percent may be available for 
administrative costs; (2) $5,000,000 for the Trade Adjustment Assistance 
program as provided by the Trade Act of 1974, as amended; and (3) 
$7,000,000 for disaster research and prevention pursuant to section 
402(d) of Public Law 94-265; and

    (c) transfer to the Administrator of the Small Business 
Administration for obligation and expenditure, $5,000,000 for the cost 
of direct loans authorized by section 7(b) of the Small Business Act, as 
amended, for eligible small businesses.
     <<NOTE: 42 USC 7671c.>> Sec. 764. (a) Section 604 of the Clean Air 
Act is amended by inserting at the end the following:
    ``(h) Methyl Bromide.--Notwithstanding subsection (d) and section 
604(b), the Administrator shall not terminate production of methyl 
bromide prior to January 1, 2005. The Administrator shall promulgate 
rules for reductions in, and terminate the production, importation, and 
consumption of, methyl bromide under a schedule that is in accordance 
with, but not more stringent than, the phaseout schedule of the Montreal 
Protocol Treaty as in effect on the date of the enactment of this 
subsection.''.

    (b) Section 604(d) of the Clean Air Act is amended by inserting at 
the end the following:
            ``(5) Sanitation and food protection.--To the extent 
        consistent with the Montreal Protocol's quarantine and 
        preshipment provisions, the Administrator shall exempt the 
        production, importation, and consumption of methyl bromide to 
        fumigate commodities entering or leaving the United States or 
        any State (or political subdivision thereof) for purposes of

[[Page 112 STAT. 2681-37]]

        compliance with Animal and Plant Health Inspection Service 
        requirements or with any international, Federal, State, or local 
        sanitation or food protection standard.
            ``(6) Critical uses.--To the extent consistent with the 
        Montreal Protocol, the Administrator, after notice and the 
        opportunity for public comment, and after consultation with 
        other departments or instrumentalities of the Federal Government 
        having regulatory authority related to methyl bromide, including 
        the Secretary of Agriculture, may exempt the production, 
        importation, and consumption of methyl bromide for critical 
        uses.''.

     <<NOTE: 42 USC 7671c.>> (c) Section 604(e) of the Clean Air Act is 
amended by inserting at the end the following:
            ``(3) Methyl bromide.--Notwithstanding the phaseout and 
        termination of production of methyl bromide pursuant to section 
        604(h), the Administrator may, consistent with the Montreal 
        Protocol, authorize the production of limited quantities of 
        methyl bromide, solely for use in developing countries that are 
        Parties to the Copenhagen Amendments to the Montreal 
        Protocol.''.

     <<NOTE: 16 USC 590h note.>> Sec. 765. Notwithstanding any other 
provision of law, permanent employees of county committees employed on 
or after October 1, 1998, pursuant to 8(b) of the Soil Conservation and 
Domestic Allotment Act (16 U.S.C. 590h(b)) shall be considered as having 
Federal Civil Service status only for the purpose of applying for the 
United States Department of Agriculture Civil Service vacancies.

    Sec. 766. For grants for the rural empowerment zone and enterprise 
communities programs, an additional $15,000,000 is hereby appropriated, 
to remain available until expended, of which $10,000,000 is for grants 
for entities designated under section 1391(g) of the Internal Revenue 
Code of 1986 for the Secretary of Agriculture to carry out a second 
round of the empowerment zone program in rural areas; and of which 
$5,000,000 is for grants for rural enterprise communities for the 
Secretary of Agriculture to designate not more than 20 additional rural 
enterprise communities provided that such communities meet the 
designation and eligibility requirements of part I of subchapter U of 
chapter 1 of the Internal Revenue Code of 1986: Provided, That the 
designation of rural enterprise communities pursuant to this section 
shall be solely for the purpose of this section and not for tax 
treatment under the Internal Revenue Code: Provided further, That these 
funds are in addition to any other funds made available for empowerment 
zones and enterprise communities.

                     TITLE VIII--AGRICULTURAL CREDIT

    Sec. 801. Section 373 of the Consolidated Farm and Rural Development 
Act (7 U.S.C. 2008h) is amended by striking subsection (b) and inserting 
the following:
    ``(b) Prohibition of Loans for Borrowers That Have Received Debt 
Forgiveness.--
            ``(1) Prohibitions.--Except as provided in paragraph (2)--
                    ``(A) the Secretary may not make a loan under this 
                title to a borrower that has received debt forgiveness 
                on a loan made or guaranteed under this title; and

[[Page 112 STAT. 2681-38]]

                    ``(B) the Secretary may not guarantee a loan under 
                this title to a borrower that has received--
                          ``(i) debt forgiveness after April 4, 1996, on 
                      a loan made or guaranteed under this title; or
                          ``(ii) received debt forgiveness on more than 
                      3 occasions on or before April 4, 1996.
            ``(2) Exceptions.--
                    ``(A) In general.--The Secretary may make a direct 
                or guaranteed farm operating loan for paying annual farm 
                or ranch operating expenses of a borrower who--
                          ``(i) was restructured with a write-down under 
                      section 353; or
                          ``(ii) is current on payments under a 
                      confirmed reorganization plan under chapters 11, 
                      12, or 13 of Title 11 of the United States Code.
                    ``(B) Emergency loans.--The Secretary may make an 
                emergency loan under section 321 to a borrower that--
                          ``(i) on or before April 4, 1996, received not 
                      more than 1 debt forgiveness on a loan made or 
                      guaranteed under this title; and
                          ``(ii) after April 4, 1996, has not received 
                      debt forgiveness on a loan made or guaranteed 
                      under this title.''.

    Sec. 802. Section 324(d) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1964(d)) is amended--
            (1) by striking ``(d) All loans'' and inserting the 
        following:

    ``(d) Repayment.--
            ``(1) In general.-- All loans''; and
            (2) by adding at the end the following:
            ``(2) No basis for denial of loan.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary shall not deny a loan under this subtitle to a 
                borrower by reason of the fact that the borrower lacks a 
                particular amount of collateral for the loan if the 
                Secretary is reasonably certain that the borrower will 
                be able to repay the loan.
                    ``(B) Refusal to pledge available collateral.--The 
                Secretary may deny or cancel a loan under this subtitle 
                if a borrower refuses to pledge available collateral on 
                request by the Secretary.''.

    Sec. 803. (a) Section 508(n) of the Federal Crop Insurance Act (7 
U.S.C. 1508(n)) is amended--
            (1) by striking ``If'' and inserting the following:
                    ``(1) In general.--Except as provided in paragraph 
                (2), if''; and
            (2) by adding at the end the following:
                    ``(2) Exception.--Paragraph (1) shall not apply to 
                emergency loans under subtitle C of the Consolidated 
                Farm and Rural Development Act (7 U.S.C. 1961 et 
                seq.).''.

    (b) Section 196(i)(3) of the Agricultural Market Transition Act (7 
U.S.C. 7333(i)(3)) is amended--
            (1) by striking ``If'' and inserting the following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), if''; and
            (2) by adding at the end the following:

[[Page 112 STAT. 2681-39]]

                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to emergency loans under subtitle C of the Consolidated 
                Farm and Rural Development Act (7 U.S.C. 1961 et 
                seq.).''.

    Sec. 804. Section 302 of the Consolidated Farm and Rural Development 
Act (7 U.S.C. 1922) is amended by adding at the end the following:
            ``(D) Notice.--Beginning with fiscal year 2000 not later 
        than 12 months before a borrower will become ineligible for 
        direct loans under this subtitle by reason of this paragraph, 
        the Secretary shall notify the borrower of such impending 
        ineligibility.''.

    Sec. 805. The Consolidated Farm and Rural Development Act (7 U.S.C. 
1921 et seq.) is amended--
            (1) in section 302(a)(2) (7 U.S.C. 1922(a)(2)), by inserting 
        ``for direct loans only,'' before ``have either'';
            (2) in section 311(a)(2) (7 U.S.C. 1941(a)(2)), by inserting 
        ``for direct loans only,'' before ``have either''; and
            (3) in section 359 (7 U.S.C. 2006a)--
                    (A) in subsection (a), by striking ``and 
                guaranteed''; and
                    (B) in subsection (c), by striking ``or guaranteed'' 
                each place it appears.

    Sec. 806. (a) Section 305 of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1925) is amended--
            (1) by striking ``Sec. 305. The Secretary'' and inserting 
        the following:

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

    ``(a) In General.--The Secretary'';
            (2) by striking ``$300,000'' and inserting ``$700,000 
        (increased, beginning with fiscal year 2000, by the inflation 
        percentage applicable to the fiscal year in which the loan is 
        guaranteed and reduced by the amount of any unpaid indebtedness 
        of the borrower on loans under subtitle B that are guaranteed by 
        the Secretary)'';
            (3) by striking ``In determining'' and inserting the 
        following:

    ``(b) Determination of Value.--In determining''; and
            (4) by adding at the end the following:

    ``(c) Inflation Percentage.--For purposes of this section, the 
inflation percentage applicable to a fiscal year is the percentage (if 
any) by which--
            ``(1) the average of the Prices Paid By Farmers Index (as 
        compiled by the National Agricultural Statistics Service of the 
        Department of Agriculture) for the 12-month period ending on 
        August 31 of the immediately preceding fiscal year; exceeds
            ``(2) the average of such index (as so defined) for the 12-
        month period ending on August 31, 1996.''.

    (b) Section 313 of the Consolidated Farm and Rural Development Act 
(7 U.S.C. 1943) is amended--
            (1) by striking ``Sec. 313. The Secretary'' and inserting 
        the following:

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

    ``(a) In General.--The Secretary'';
            (2) by striking ``this subtitle (1) that would cause'' and 
        inserting ``this subtitle--
                    ``(1) that would cause'';

[[Page 112 STAT. 2681-40]]

            (3) by striking ``$400,000; or (2) for the purchasing'' and 
        inserting ``$700,000 (increased, beginning with fiscal year 
        2000, by the inflation percentage applicable to the fiscal year 
        in which the loan is guaranteed and reduced by the unpaid 
        indebtedness of the borrower on loans under the sections 
        specified in section 305 that are guaranteed by the Secretary); 
        or
                    ``(2) for the purchasing''; and
            (4) by adding at the end the following:

    ``(b) Inflation Percentage.--For purposes of this section, the 
inflation percentage applicable to a fiscal year is the percentage (if 
any) by which--
            ``(1) the average of the Prices Paid By Farmers Index (as 
        compiled by the National Agricultural Statistics Service of the 
        Department of Agriculture) for the 12-month period ending on 
        August 31 of the immediately preceding fiscal year; exceeds
            ``(2) the average of such index (as so defined) for the 12-
        month period ending on August 31, 1996.''.

    Sec. 807. Section 353(e) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2001(e)) is amended by adding at the end the 
following:
            ``(6) Notice of recapture.--Beginning with fiscal year 2000 
        not later than 12 months before the end of the term of a shared 
        appreciation arrangement, the Secretary shall notify the 
        borrower involved of the provisions of the arrangement.''.

    Sec. 808. Section 353(c)(3)(C) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2001(c)(3)(C)) is amended by striking ``110 
percent'' and inserting ``100 percent''.

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

    Sec. 901. Short Title. This title may be cited as the ``India-
Pakistan Relief Act of 1998''.
     <<NOTE: 22 USC 2799aa-1 note.>> Sec. 902. Waiver Authority. (a) 
Authority.--The President may waive for a period not to exceed one year 
upon enactment of this Act with respect to India or Pakistan the 
application of any sanction or prohibition (or portion thereof) 
contained in section 101 or 102 of the Arms Export Control Act, section 
620E(e) of the Foreign Assistance Act of 1961, or section 2(b)(4) of the 
Export Import Bank Act of 1945.

    (b) Exception.--The authority provided in subsection (a) shall not 
apply to any restriction in section 102(b)(2) (B), (C), or (G) of the 
Arms Export Control Act.
    (c) Availability of Amounts.--Amounts made available by this section 
are designated by the Congress as an emergency requirement pursuant to 
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended: Provided, That such amounts shall be 
available only to the extent that an official budget request that 
includes designation of the entire amount of the request as an emergency 
requirement as defined in the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, is transmitted by the President to the 
Congress.
     <<NOTE: 22 USC 2799aa-1 note.>> Sec. 903. Consultation. Prior to 
each exercise of the authority provided in section 902, the President 
shall consult with the appropriate congressional committees.

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

[[Page 112 STAT. 2681-41]]

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

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

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

SEC. 1001. GENERAL.

    Title II of the Federal Crop Insurance Reform and Department of 
Agriculture Reorganization Act of 1994 (7 U.S.C. 6901 et seq.) is 
amended--
             <<NOTE: 7 USC 6918.>> (1) in section 218(a)--
                    (A) in paragraph (1) by adding ``and'' at the end;
                    (B) in paragraph (2) by striking ``; and'' and 
                inserting a period; and
                    (C) by striking paragraph (3);
            (2) by redesignating subtitle I as subtitle J;
            (3) by inserting after subtitle H the following:

             ``Subtitle I--Marketing and Regulatory Programs

<<NOTE: 7 USC 7005.>> ``SEC. 285. UNDER SECRETARY OF AGRICULTURE FOR 
            MARKETING AND REGULATORY PROGRAMS.

    ``(a) Authorization.--The Secretary is authorized to establish in 
the Department the position of Under Secretary of Agriculture for 
Marketing and Regulatory Programs.

    ``(b) Confirmation Required.--If the Secretary establishes the 
position of Under Secretary of Agriculture for Marketing and Regulatory 
Programs authorized under subsection (a), the Under Secretary shall be 
appointed by the President, by and with the advice and consent of the 
Senate.
    ``(c) Functions of Under Secretary.--
            ``(1) Principal functions.--Upon establishment, the 
        Secretary shall delegate to the Under Secretary of Agriculture 
        for Marketing and Regulatory Programs those functions and duties 
        under the jurisdiction of the Department that are related to 
        agricultural marketing, animal and plant health inspection, 
        grain inspection, and packers and stockyards.
            ``(2) Additional functions.--The Under Secretary of 
        Agriculture for Marketing and Regulatory Programs shall perform 
        such other functions and duties as may be required by law or 
        prescribed by the Secretary.

    ``(d) Succession.--Any official who is serving as Assistant 
Secretary of Agriculture for Marketing and Regulatory Programs on the 
date of the enactment of this section and who was appointed by the 
President, by and with the advice and consent of the Senate, shall not 
be required to be reappointed under subsection (b) to the successor 
position authorized under subsection (a) if the Secretary establishes 
the position, and the official occupies the new position, within 180 
days after the date of enactment of this section

[[Page 112 STAT. 2681-42]]

(or such later date set by the Secretary if litigation delays rapid 
succession).
    ``(e) Executive Schedule.--Section 5314 of title 5, United States 
Code, is amended by inserting after the item relating to the Under 
Secretary of Agriculture for Food Safety (as added by section 261(c)) 
the following:
    `Under Secretary of Agriculture for Marketing and Regulatory 
Programs.'.''; and
             <<NOTE: 7 USC 7014.>> (4) in section 296(b)--
                    (A) in paragraph (2), by striking ``or'';
                    (B) in paragraph (3), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(4) the authority of the Secretary to establish in the 
        Department the position of Under Secretary of Agriculture for 
        Marketing and Regulatory Programs under section 285.''.

SEC. 1002. PAY INCREASE PROHIBITED.

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

SEC. 1003. CONFORMING AMENDMENT.

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

             TITLE XI--EMERGENCY AND MARKET LOSS ASSISTANCE

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

<<NOTE: 7 USC 1421 note.>> SEC. 1101. GENERAL PROVISIONS.

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

[[Page 112 STAT. 2681-43]]

                    (D) crop insurance indemnities provided for the 1998 
                crop under the Federal Crop Insurance Act (7 U.S.C. 1501 
                et seq.); and
                    (E) emergency loans made available for the 1998 crop 
                under subtitle C of the Consolidated Farm and Rural 
                Development Act (7 U.S.C. 1961 et seq.).

<<NOTE: 7 USC 1421 note.>> SEC. 1102. CROP LOSS ASSISTANCE.

    (a) In General.--The Secretary shall administer a program under 
which emergency financial assistance is made available to producers on a 
farm who have incurred losses associated with crops due to disasters (as 
determined by the Secretary).
    (b) Losses Incurred for 1998 Crop.--Subject to section 1132, the 
Secretary shall use not more than $1,500,000,000 to make available 
assistance to producers on a farm who have incurred losses in the 1998 
crop due to disasters.
    (c) Multiyear Losses.--Subject to section 1132, the Secretary shall 
use not more than $875,000,000 to make available assistance to producers 
on a farm who have incurred multiyear losses (as defined by the 
Secretary) in the 1998 and preceding crops of a commodity due to 
disasters (including, but not limited to, diseases such as scab).
    (d) Relationship Between Assistance.--The Secretary shall make 
assistance available to producers on a farm under either subsection (b) 
or (c).
    (e) Qualifying Losses.--Assistance under this section may be made 
for losses associated with crops that are due to, as determined by the 
Secretary--
            (1) quantity losses;
            (2) quality (including, but not limited to, aflatoxin) 
        losses; or
            (3) severe economic losses due to damaging weather or 
        related condition.

    (f) Crops Covered.--Assistance under this section shall be 
applicable to losses for all crops (including losses of trees from which 
a crop is harvested), as determined by the Secretary, due to disasters.

    (g) Crop Insurance.--
            (1) Administration.--In carrying out this section, the 
        Secretary shall not discriminate against or penalize producers 
        on a farm who have purchased crop insurance under the Federal 
        Crop Insurance Act (7 U.S.C. 1501 et seq.).
            (2) Encouraging future crop insurance participation.--
        Subject to section 1132, the Secretary, acting through the 
        Federal Crop Insurance Corporation, may use the funds made 
        available under subsections (b) and (c), and only those funds, 
        to provide premium refunds or other assistance to purchasers of 
        crop insurance for their 1998 insured crops, or their preceding 
        (including 1998) insured crops.
            (3) Producers who have not purchased crop insurance for 1998 
        crop.--As a condition of receiving assistance under this 
        section, producers on a farm who have not purchased crop 
        insurance for the 1998 crop under that Act shall agree by 
        contract to purchase crop insurance for the 1999 and 2000 crops 
        produced by the producers.
            (4) Liquidated damages.--

[[Page 112 STAT. 2681-44]]

                    (A) In general.--The contract under paragraph (3) 
                shall provide for liquidated damages to be paid by the 
                producers due to the failure of the producers to 
                purchase crop insurance as provided in paragraph (3).
                    (B) Notice of damages.--The amount of the liquidated 
                damages shall be established by the Secretary and 
                specified in the contract agreed to by the producers.
            (5) Funding for crop insurance purchase requirement.--
        Subject to section 1132, such sums as may be necessary, to 
        remain available until expended, shall be available to the 
        Federal Crop Insurance Corporation to cover costs incurred by 
        the Corporation as a result of the crop insurance purchase 
        requirement of paragraph (3). Funds made available under 
        subsections (b) and (c) may not be used to cover such costs.

<<NOTE: 7 USC 1421 note.>> SEC. 1103. EMERGENCY LIVESTOCK FEED 
            ASSISTANCE.

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

                   Subtitle B--Market Loss Assistance

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

    (a) In General.--Subject to section 1132 and except as provided in 
subsection (d), the Secretary shall use not more than $3,057,000,000 for 
assistance to owners
and producers on a farm who are eligible for final payments for fiscal 
year 1998 under a production flexibility contract for the farm under the 
Agricultural Market Transition Act (7 U.S.C. 7201 et seq.) to partially 
compensate the owners and producers for the loss of markets for the 1998 
crop of a commodity.

    (b) Amount.--Except as provided in subsection (d), the amount of 
assistance made available to owners and producers on a farm under this 
section shall be proportional to the amount of the contract payment 
received by the owners and producers for fiscal year 1998 under a 
production flexibility contract for the farm under the Agricultural 
Market Transition Act.
    (c) Time for Payment.--The assistance made available under this 
section for an eligible owner or producer shall be made as soon as 
practicable after the date of enactment of this Act.
    (d) Of the total amount provided under subsection (a), $200,000,000 
shall be available to provide assistance to dairy producers in a manner 
determined by the Secretary: Provided, That no payments made under this 
section shall affect any decision with respect to rulemaking activities 
described under section 143 of Public Law 104-127.

                      Subtitle C--Other Assistance

<<NOTE: 7 USC 1421 note.>> SEC. 1121. INDEMNITY PAYMENTS FOR COTTON 
            PRODUCERS.

    (a) Federal Contribution.--Subject to subsection (b), the Secretary 
of Agriculture shall pay $5,000,000 to the State of Georgia to help fund 
an indemnity fund, to be established and managed by that State, to 
compensate cotton producers in that State for losses incurred in 1998 or 
1999 from the loss of properly stored, harvested cotton as the result of 
the bankruptcy of a warehouseman or other party in possession of 
warehouse receipts evidencing title

[[Page 112 STAT. 2681-45]]

to the commodity, an improper conversion or transfer of the cotton, or 
such other potential hazards as determined appropriate by the State.
    (b) Conditions on Payment to State.--The Secretary of Agriculture 
shall make the payment to the State of Georgia under subsection (a) only 
if the State also contributes $5,000,000 to the indemnity fund and 
agrees to expend all amounts in the indemnity fund by not later than 
January 1, 2000, to provide compensation to cotton producers as provided 
in such subsection. If the State of Georgia fails to make its 
contribution of $5,000,000 to the indemnity fund by July 1, 1999, the 
funds that would otherwise be paid to the State shall be available to 
the Secretary for the purpose of providing partial compensation to 
cotton producers as provided in such subsection.
    (c) Reporting Requirements.--Upon the establishment of the indemnity 
fund, and not later than October 1, 1999, the State of Georgia shall 
submit a report to the Secretary of Agriculture and the Congress 
describing the State's efforts to use the indemnity fund to provide 
compensation to injured cotton producers.

<<NOTE: 7 USC 1421 note.>> SEC. 1122. HONEY RECOURSE LOANS.

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

<<NOTE: 7 USC 1421 note.>> SEC. 1123. NONINSURED CROP ASSISTANCE TO 
            RAISIN PRODUCERS.

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

SEC. 1124. EMERGENCY <<NOTE: 7 USC 1421 note.>>  ASSISTANCE.

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

SEC. 1125. FOOD FOR PROGRESS.

    The Food for Progress Act of 1985 (7 U.S.C. 1736o) is
amended--

[[Page 112 STAT. 2681-46]]

            (1) in subsection (f)(3), by inserting after ``$30,000,000'' 
        the following: ``(or, in the case of fiscal year 1999, 
        $35,000,000)'';
            (2) in subsection (l)(1), by inserting after ``$10,000,000'' 
        the following: ``(or, in the case of fiscal year 1999, 
        $12,000,000)'';
            (3) by redesignating subsection (n) as subsection (o); and
            (4) by inserting after subsection (m) the following:

    ``(n) During fiscal year 1999, to the maximum extent practicable, 
the Secretary shall utilize Private Voluntary Organizations to carry out 
this section.''.

<<NOTE: 7 USC 1421 note.>> SEC. 1126. TEMPORARY EXPANSION OF RECOURSE 
            LOAN AUTHORITY.

    Section 137 of the Agricultural Market Transition Act (7 U.S.C. 
7237) is amended--
            (1) in the section heading, by inserting ``AND OTHER 
        FIBERS'' before the period at the end;
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting after subsection (b) the following:

    ``(c) Recourse Loans Available for Mohair.--
            ``(1) Recourse loans available.--Notwithstanding any other 
        provision of law, during fiscal year 1999, the Secretary shall 
        make available recourse loans, as determined by the Secretary, 
        to producers of mohair produced during or before that fiscal 
        year.
            ``(2) Loan rate.--The loan rate for a loan under paragraph 
        (1) shall be equal to $2.00 per pound.
            ``(3) Term of loan.--A loan under paragraph (1) shall have a 
        term of 1 year beginning on the first day of the first month 
        after the month in which the loan is made.
            ``(4) Waiver of interest.--Notwithstanding subsection (d), 
        the Secretary shall not charge interest on a loan made under 
        paragraph (1).''.

<<NOTE: 7 USC 1421 note.>> SEC. 1127. PILOT PROGRAMS.

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

<<NOTE: 7 USC 229a.>> ``SEC. 416. MANDATORY DOMESTIC REPORTING PILOT 
            INVESTIGATION.

    ``(1) In General.--The Secretary of Agriculture shall conduct a 
twelve month pilot investigation, beginning upon the date of 
implementation of such pilot, under which the Secretary shall require 
any person or class of persons engaged in the business of buying, 
selling, or marketing domestic or imported cattle for immediate 
slaughter and fresh muscle cuts of beef, or domestic or imported sheep 
and fresh or frozen muscle cuts of lamb, to report to the Secretary, in 
the least intrusive manner possible, information relating to prices for 
the procurement of these items.
    ``(2) Application.--This section shall only apply to a person that 
is engaged in the business of buying, selling, or marketing a 
significant share of the national market, as determined by the 
Secretary, of the total volume of domestic or imported cattle for 
immediate slaughter and fresh muscle cuts of beef, or domestic or 
imported sheep and fresh or frozen muscle cuts of lamb, bought, sold, or 
marketed in the United States.
    ``(3) Report.--Not later than six months after the conclusion of the 
mandatory domestic reporting pilot investigation, the Secretary of 
Agriculture shall submit a report to the Committee on Agriculture of the 
House of Representatives and the Committee

[[Page 112 STAT. 2681-47]]

on Agriculture, Nutrition, and Forestry of the Senate on the 
effectiveness of the pilot investigation. No information collected under 
the pilot investigation may be disclosed until the report is 
submitted.''.
    (b) Export Market Reporting Pilot Investigation.--
            (1) In general.--The Secretary shall implement a twelve 
        month pilot investigation, beginning on the date of 
        implementation, of a streamlined electronic system for 
        collecting export data, in the least intrusive manner possible, 
        for fresh or frozen muscle cuts of meat food products, and 
        develop a data-reporting program to disseminate summary 
        information in a timely manner, not to exceed two weeks after 
        issuance.
            (2) Report.--Not later than six months after the conclusion 
        of the mandatory export reporting pilot investigation, the 
        Secretary of Agriculture shall submit a report to the Committee 
        on Agriculture of the House of Representatives and the Committee 
        on Agriculture, Nutrition, and Forestry of the Senate on the 
        effectiveness of the pilot investigation.

    (c) Funding.--An amount of $250,000 is hereby appropriated to carry 
out this section of the Act.

                       Subtitle D--Administration

<<NOTE: 7 USC 1421 note.>> SEC. 1131. COMMODITY CREDIT CORPORATION.

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

<<NOTE: 7 USC 1421 note.>> SEC. 1132. EMERGENCY REQUIREMENT.

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

<<NOTE: 7 USC 1421 note.>> SEC. 1133. REGULATIONS.

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

    (b) Congressional Review of Agency Rulemaking.--In carrying out this 
section, the Secretary shall use the authority provided under section 
808 of title 5, United States Code.

[[Page 112 STAT. 2681-48]]

                          TITLE XII--BIODIESEL

SEC. 1201. BIODIESEL FUEL USE CREDITS.

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

<<NOTE: 42 USC 13220.>> ``SEC. 312. BIODIESEL FUEL USE CREDITS.

    ``(a) Allocation of Credits.--
            ``(1) In general.--The Secretary shall allocate one credit 
        under this section to a fleet or covered person for each 
        qualifying volume of the biodiesel component of fuel containing 
        at least 20 percent biodiesel by volume purchased after the date 
        of the enactment of this section for use by the fleet or covered 
        person in vehicles owned or operated by the fleet or covered 
        person that weigh more than 8,500 pounds gross vehicle weight 
        rating.
            ``(2) Exceptions.--No credits shall be allocated under 
        paragraph (1) for a purchase of biodiesel--
                    ``(A) for use in alternative fueled vehicles; or
                    ``(B) that is required by Federal or State law.
            ``(3) Authority to modify percentage.--The Secretary may, by 
        rule, lower the 20 percent biodiesel volume requirement in 
        paragraph (1) for reasons related to cold start, safety, or 
        vehicle function considerations.
            ``(4) Documentation.--A fleet or covered person seeking a 
        credit under this section shall provide written documentation to 
        the Secretary supporting the allocation of a credit to such 
        fleet or covered person under paragraph (1).

    ``(b) Use of Credits.--
            ``(1) In general.--At the request of a fleet or covered 
        person allocated a credit under subsection (a), the Secretary 
        shall, for the year in which the purchase of a qualifying volume 
        is made, treat that purchase as the acquisition of one 
        alternative fueled vehicle the fleet or covered person is 
        required to acquire under this title, title IV, or title V.
            ``(2) Limitation.--Credits allocated under subsection (a) 
        may not be used to satisfy more than 50 percent of the 
        alternative fueled vehicle requirements of a fleet or covered 
        person under this title, title IV, and title V. This paragraph 
        shall not apply to a fleet or covered person that is a biodiesel 
        alternative fuel provider described in section 501(a)(2)(A).

    ``(c) Credit Not a Section 508 Credit.--A credit under this section 
shall not be considered a credit under section 508.
    ``(d) Issuance of Rule.--The Secretary shall, before January 1, 
1999, issue a rule establishing procedures for the implementation of 
this section.
    ``(e) Collection of Data.--The Secretary shall collect such data as 
are required to make a determination described in subsection (f)(2)(B).
    ``(f) Definitions.--For purposes of this section--
            ``(1) the term `biodiesel' means a diesel fuel substitute 
        produced from nonpetroleum renewable resources that meets the 
        registration requirements for fuels and fuel additives 
        established by the Environmental Protection Agency under section 
        211 of the Clean Air Act; and
            ``(2) the term `qualifying volume' means--

[[Page 112 STAT. 2681-49]]

                    ``(A) 450 gallons; or
                    ``(B) if the Secretary determines by rule that the 
                average annual alternative fuel use in light duty 
                vehicles by fleets and covered persons exceeds 450 
                gallons or gallon equivalents, the amount of such 
                average annual alternative fuel use.''.

    (b) Table of Contents Amendment.--The table of contents of the 
Energy Policy Act of 1992 is amended by adding at the end of the items 
relating to title III the following new item:

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

                  TITLE XIII--EMERGENCY APPROPRIATIONS

                        DEPARTMENT OF AGRICULTURE

                           Farm Service Agency

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

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

                    Commodity Credit Corporation Fund

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

[[Page 112 STAT. 2681-50]]

                 Natural Resources Conservation Service

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

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration

                          salaries and expenses

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

[[Page 112 STAT. 2681-51]]

further, That any transfer under the preceding proviso shall not create 
or confer any private right of action in any person against the United 
States, and shall be treated as a reprogramming under section 605 of 
                                this Act.

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

                    administrative review and appeals

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

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $35,610,000; including not to exceed $10,000 to meet unforeseen 
emergencies of a confidential character, to be expended under the 
direction of, and to be accounted for solely under the

[[Page 112 STAT. 2681-52]]

certificate of, the Attorney General; and for the acquisition, lease, 
maintenance, and operation of motor vehicles, without regard to the 
general purchase price limitation for the current fiscal year: Provided, 
That up to one-tenth of one percent of the Department of Justice's 
allocation from the Violent Crime Reduction Trust Fund grant programs 
may be transferred at the discretion of the Attorney General to this 
account for the audit or other review of such grant programs, as 
authorized by section 130005 of the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322).

                     United States Parole Commission

                          salaries and expenses

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

                            Legal Activities

             salaries and expenses, general legal activities

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

[[Page 112 STAT. 2681-53]]

                salaries and expenses, antitrust division

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

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

[[Page 112 STAT. 2681-54]]

                    united states trustee system fund

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

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

          salaries and expenses, united states marshals service

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

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

    There is hereby established <<NOTE: 18 USC 4013 note.>>  a Justice 
Prisoner and Alien Transportation System Fund for the payment of 
necessary expenses related to the scheduling and transportation of 
United States prisoners and illegal and criminal aliens in the custody 
of the United States Marshals Service, as authorized in 18 U.S.C. 4013, 
including, without limitation, salaries and expenses, operations, and 
the acquisition, lease, and maintenance of aircraft and support 
facilities:

[[Page 112 STAT. 2681-55]]

Provided, That the Fund shall be reimbursed or credited with advance 
payments from amounts available to the Department of Justice, other 
Federal agencies, and other sources at rates that will recover the 
expenses of Fund operations, including, without limitation, accrual of 
annual leave and depreciation of plant and equipment of the Fund: 
Provided further, That proceeds from the disposal of Fund aircraft shall 
be credited to the Fund: Provided further, That amounts in the Fund 
shall be available without fiscal year limitation, and may be used for 
operating equipment lease agreements that do not exceed 5 years.

                       federal prisoner detention

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

                     fees and expenses of witnesses

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

           salaries and expenses, community relations service

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

                         assets forfeiture fund

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

[[Page 112 STAT. 2681-56]]

                     Radiation Exposure Compensation

                         administrative expenses

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

                       Interagency Law Enforcement

                 interagency crime and drug enforcement

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

                     Federal Bureau of Investigation

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

[[Page 112 STAT. 2681-57]]

equipment to any State or local authority which has obtained similar 
equipment through a Federal grant or subsidy unless the State or local 
authority agrees to return that equipment or to repay that grant or 
subsidy to the Federal Government.
    In addition, $223,356,000 for such purposes, to remain available 
until expended, to be derived from the Violent Crime Reduction Trust 
Fund, as authorized by the Violent Crime Control and Law Enforcement Act 
of 1994, as amended, and the Antiterrorism and Effective Death Penalty 
                              Act of 1996.

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

                     Drug Enforcement Administration

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

    In addition, $405,000,000, for such purposes, to remain available 
until expended, to be derived from the Violent Crime Reduction Trust 
                                  Fund.

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

[[Page 112 STAT. 2681-58]]

                 Immigration and Naturalization Service

                          salaries and expenses

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

                     enforcement and border affairs

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

   citizenship and benefits, immigration support and program direction

    For all programs of the Immigration and Naturalization Service not 
included under the heading ``Enforcement and Border Affairs'', 
$552,083,000: Provided, That not to exceed $5,000 shall be available for 
official reception and representation expenses: Provided further, That 
the Attorney General may transfer any funds appropriated under this 
heading and the heading ``Enforcement and Border Affairs'' between said 
appropriations notwithstanding any percentage transfer limitations 
imposed under this appropriation Act and

[[Page 112 STAT. 2681-59]]

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

                    violent crime reduction programs

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

                              construction

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

                          Federal Prison System

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

[[Page 112 STAT. 2681-60]]

including purchase (not to exceed 763, of which 599 are for replacement 
only) and hire of law enforcement and passenger motor vehicles, and for 
the provision of technical assistance and advice on corrections related 
issues to foreign governments, $2,862,354,000: Provided, <<NOTE: 42 USC 
250a.>> That the Attorney General may transfer to the Health Resources 
and Services Administration such amounts as may be necessary for direct 
expenditures by that Administration for medical relief for inmates of 
Federal penal and correctional institutions: Provided further, That the 
Director of the Federal Prison System (FPS), where necessary, may enter 
into contracts with a fiscal agent/fiscal intermediary claims processor 
to determine the amounts payable to persons who, on behalf of the FPS, 
furnish health services to individuals committed to the custody of the 
FPS: Provided further, That not to exceed $6,000 shall be available for 
official reception and representation expenses: Provided further, That 
not to exceed $90,000,000 for the activation of new facilities shall 
remain available until September 30, 2000: Provided further, That, of 
the amounts provided for Contract Confinement, not to exceed $20,000,000 
shall remain available until expended to make payments in advance for 
grants, contracts and reimbursable agreements, and other expenses 
authorized by section 501(c) of the Refugee Education Assistance Act of 
1980, as amended, for the care and security in the United States of 
Cuban and Haitian entrants: Provided further, That, notwithstanding 
section 4(d) of the Service Contract Act of 1965 (41 U.S.C. 353(d)), FPS 
may enter into contracts and other agreements with private entities for 
periods of not to exceed 3 years and 7 additional option years for the 
confinement of Federal prisoners.

    In addition, $26,499,000, for such purposes, to remain available 
until expended, to be derived from the Violent Crime Reduction Trust 
                                  Fund.

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

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

[[Page 112 STAT. 2681-61]]

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

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

                       Office of Justice Programs

                           justice assistance

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

               state and local law enforcement assistance

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

   violent crime reduction programs, state and local law enforcement 
                               assistance

    For assistance (including amounts for administrative costs for 
management and administration, which amounts shall be transferred to and 
merged with the ``Justice Assistance'' account)

[[Page 112 STAT. 2681-62]]

authorized by the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322), as amended (``the 1994 Act''); the Omnibus Crime 
Control and Safe Streets Act of 1968, as amended (``the 1968 Act''); and 
the Victims of Child Abuse Act of 1990, as amended (``the 1990 Act''), 
$2,369,950,000, to remain available until expended, which shall be 
derived from the Violent Crime Reduction Trust Fund; of which 
$523,000,000 shall be for Local Law Enforcement Block Grants, pursuant 
to H.R. 728 as passed by the House of Representatives on February 14, 
1995, except that for purposes of this Act, the Commonwealth of Puerto 
Rico shall be considered a ``unit of local government'' as well as a 
``State'', for the purposes set forth in paragraphs (A), (B), (D), (F), 
and (I) of section 101(a)(2) of H.R. 728 and for establishing crime 
prevention programs involving cooperation between community residents 
and law enforcement personnel in order to control, detect, or 
investigate crime or the prosecution of criminals: Provided, That no 
funds provided under this heading may be used as matching funds for any 
other Federal grant program: Provided further, That $40,000,000 of this 
amount shall be for Boys and Girls Clubs in public housing facilities 
and other areas in cooperation with State and local law enforcement: 
Provided further, That funds may also be used to defray the costs of 
indemnification insurance for law enforcement officers: Provided 
further, That, hereafter, for the purpose of eligibility for the Local 
Law Enforcement Block Grant Program in the State of Louisiana, parish 
sheriffs are to be considered the unit of local government at the parish 
level under section 108 of H.R. 728: Provided further, That $20,000,000 
shall be available to carry out section 102(2) of H.R. 728; of which 
$45,000,000 shall be for grants to upgrade criminal records, as 
authorized by section 106(b) of the Brady Handgun Violence Prevention 
Act of 1993, as amended, and section 4(b) of the National Child 
Protection Act of 1993; of which $420,000,000 shall be for the State 
Criminal Alien Assistance Program, as authorized by section 242(j) of 
the Immigration and Nationality Act, as amended; of which $720,500,000 
shall be for Violent Offender Incarceration and Truth in Sentencing 
Incentive Grants pursuant to subtitle A of title II of the 1994 Act, of 
which $165,000,000 shall be available for payments to States for 
incarceration of criminal aliens, of which $25,000,000 shall be 
available for the Cooperative Agreement Program, and of which 
$34,000,000 shall be reserved by the Attorney General for fiscal year 
1999 under section 20109(a) of subtitle A of title II of the 1994 Act; 
of which $9,000,000 shall be for the Court Appointed Special Advocate 
Program, as authorized by section 218 of the 1990 Act; of which 
$2,000,000 shall be for Child Abuse Training Programs for Judicial 
Personnel and Practitioners, as authorized by section 224 of the 1990 
Act; of which $206,750,000 shall be for Grants to Combat Violence 
Against Women, to States, units of local government, and Indian tribal 
governments, as authorized by section 1001(a)(18) of the 1968 Act, 
including $23,000,000 which shall be used exclusively for the purpose of 
strengthening civil legal assistance programs for victims of domestic 
violence, and $10,000,000 which shall be used exclusively for violence 
on college campuses: Provided further, That, of these funds, $5,200,000 
shall be provided to the National Institute of Justice for research and 
evaluation of violence against women, $1,196,000 shall be provided to 
the Office of the United States Attorney for the District of Columbia 
for domestic violence programs in D.C. Superior Court,

[[Page 112 STAT. 2681-63]]

and $10,000,000 shall be available to the Office of Juvenile Justice and 
Delinquency Prevention for the Safe Start Program, to be administered as 
authorized by part C of the Juvenile Justice and Delinquency Act of 
1974, as amended; of which $34,000,000 shall be for Grants to Encourage 
Arrest Policies to States, units of local government, and Indian tribal 
governments, as authorized by section 1001(a)(19) of the 1968 Act; of 
which $25,000,000 shall be for Rural Domestic Violence and Child Abuse 
Enforcement Assistance Grants, as authorized by section 40295 of the 
1994 Act; of which $5,000,000 shall be for training programs to assist 
probation and parole officers who work with released sex offenders, as 
authorized by section 40152(c) of the 1994 Act, and for local 
demonstration projects; of which $1,000,000
shall be for grants for televised testimony, as authorized by section 
1001(a)(7) of the 1968 Act; of which $5,000,000 shall be for the Tribal 
Courts Initiative; of which $63,000,000 shall be for grants for 
residential substance abuse treatment for State prisoners, as authorized 
by section 1001(a)(17) of the 1968 Act; of which $15,000,000 shall be 
for grants to States and units of local government for projects to 
improve DNA analysis, as authorized by section 1001(a)(22) of the 1968 
Act; of which $900,000 shall be for the Missing Alzheimer's Disease 
Patient Alert Program, as authorized by section 240001(c) of the 1994 
Act; of which $1,300,000 shall be for Motor Vehicle Theft Prevention 
Programs, as authorized by section 220002(h) of the 1994 Act; of which 
$40,000,000 shall be for Drug Courts, as authorized by title V of the 
1994 Act; of which $1,500,000 shall be for Law Enforcement Family 
Support Programs, as authorized by section 1001(a)(21) of the 1968 Act; 
of which $2,000,000 shall be for public awareness programs addressing 
marketing scams aimed at senior citizens, as authorized by section 
250005(3) of the 1994 Act; and of which $250,000,000 shall be for 
Juvenile Accountability Incentive Block Grants, except that such funds 
shall be subject to the same terms and conditions as set forth in the 
provisions under this heading for this program in Public Law 105-119, 
but all references in such provisions to 1998 shall be deemed to refer 
instead to 1999: Provided further, That funds made available in fiscal 
year 1999 under subpart 1 of part E of title I of the 1968 Act may be 
obligated for programs to assist States in the litigation processing of 
death penalty Federal habeas corpus petitions and for drug testing 
initiatives: Provided further, That, if a unit of local government uses 
any of the funds made available under this title to increase the number 
of law enforcement officers, the unit of local government will achieve a 
net gain in the number of law enforcement officers who perform 
                nonadministrative public safety service.

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

[[Page 112 STAT. 2681-64]]

ignated by Congress through language for other Department of Justice 
appropriation accounts for ``Weed and Seed'' program activities shall be 
managed and executed by the Attorney General through the Executive 
Office for Weed and Seed: Provided further, That the Attorney General 
may direct the use of other Department of Justice funds and personnel in 
support of ``Weed and Seed'' program activities only after the Attorney 
General notifies the Committees on Appropriations of the House of 
Representatives and the Senate in accordance with section 605 of this 
Act.

                  Community Oriented Policing Services

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

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Juvenile Justice and Delinquency Prevention Act of 
1974, as amended, (``the Act''), including salaries and expenses in 
connection therewith to be transferred to and merged with the 
appropriations for Justice Assistance, $267,597,000, to remain available 
until expended, as authorized by section 299 of part I of title II and 
section 506 of title V of the Act, as amended by Public Law 102-586, of 
which (1) notwithstanding any other

[[Page 112 STAT. 2681-65]]

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

    In addition, for grants, contracts, cooperative agreements, and 
other assistance, $10,000,000 to remain available until expended, for 
developing, testing, and demonstrating programs designed to reduce drug 
use among juveniles.

    In addition, for grants, contracts, cooperative agreements, and 
other assistance authorized by the Victims of Child Abuse Act

[[Page 112 STAT. 2681-66]]

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

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

                General Provisions--Department of Justice

    Sec. 101. In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of not 
to exceed $45,000 from funds appropriated to the Department of Justice 
in this title shall be available to the Attorney General for official 
reception and representation expenses in accordance with distributions, 
procedures, and regulations established by the Attorney General.
    Sec. 102. Authorities contained in the Department of Justice 
Appropriation Authorization Act, Fiscal Year 1980 (Public Law 96-132; 93 
Stat. 1040 (1979)), as amended, shall remain in effect until the 
termination date of this Act or until the effective date of a Department 
of Justice Appropriation Authorization Act, whichever is earlier.
    Sec. 103. None of the funds appropriated by this title shall be 
available to pay for an abortion, except where the life of the mother 
would be endangered if the fetus were carried to term, or in the case of 
rape: Provided, That should this prohibition be declared 
unconstitutional by a court of competent jurisdiction, this section 
shall be null and void.
    Sec. 104. None of the funds appropriated under this title shall be 
used to require any person to perform, or facilitate in any way the 
performance of, any abortion.
    Sec. 105. Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility: Provided, That nothing in this section in any way 
diminishes the effect of section 104 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
     <<NOTE: 18 USC 3059 note.>> Sec. 106. Notwithstanding any other 
provision of law, not to exceed $10,000,000 of the funds made available 
in this Act may be used to establish and publicize a program under which 
publicly advertised, extraordinary rewards may be paid, which shall not 
be subject to spending limitations contained in sections 3059 and 3072 
of title 18, United States Code: Provided, That any reward of $100,000 
or more, up to a maximum of $2,000,000, may not be made without the 
personal approval of the President or the Attorney General and such 
approval may not be delegated.

    Sec. 107. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act, including those derived from the Violent Crime Reduction Trust 
Fund, may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
any transfer pursuant to this section shall be treated

[[Page 112 STAT. 2681-67]]

as a reprogramming of funds under section 605 of this Act and shall not 
be available for obligation except in compliance with the procedures set 
forth in that section.
     <<NOTE: 18 USC 4043 note.>> Sec. 108. For fiscal year 1999 and 
thereafter, the Director of the Bureau of Prisons may make expenditures 
out of the Commissary Fund of the Federal Prison System, regardless of 
whether any such expenditure is security-related, for programs, goods, 
and services for the benefit of inmates (to the extent the provision of 
those programs, goods, or services to inmates is not otherwise 
prohibited by law), including--
            (1) the installation, operation, and maintenance of the 
        Inmate Telephone System;
            (2) the payment of all the equipment purchased or leased in 
        connection with the Inmate Telephone System; and
            (3) the salaries, benefits, and other expenses of personnel 
        who install, operate, and maintain the Inmate Telephone System.

    Sec. 109. (a) Section 3201 of the Crime Control Act of 1990 (28 
U.S.C. 509 note) is amended to read as follows--
    ``Appropriations in this or any other Act hereafter for the Federal 
Bureau of Investigation, the Drug Enforcement Administration, or the 
Immigration and Naturalization Service are available, in an amount of 
not to exceed $25,000 each per fiscal year, to pay humanitarian expenses 
incurred by or for any employee thereof (or any member of the employee's 
immediate family) that results from or is incident to serious illness, 
serious injury, or death occurring to the employee while on official 
duty or business.''.

    (b) The Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 is amended by striking section 626 (8 U.S.C. 1363b).
    Sec. 110. Any amounts credited to the ``Legalization Account'' 
established under section 245(c)(7)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1255a(c)(7)(B)) are transferred to the 
``Examinations Fee Account'' established under section 286(m) of that 
Act (8 U.S.C. 1356(m)).
    Sec. 111. The Director of the Bureau of Prisons shall conduct a 
study, not later than 270 days after the date of the enactment of this 
Act, of private prisons that evaluates the growth and development of the 
private prison industry during the past 15 years, training 
qualifications of personnel at private prisons, and the security 
procedures of such facilities, and compares the general standards and 
conditions between private prisons and Federal prisons. The results of 
such study shall be submitted to the Committees on the Judiciary and 
Appropriations of the House of Representatives and the Senate.
    Sec. 112. Notwithstanding any other provision of law, during fiscal 
year 1999, the Assistant Attorney General for the Office of Justice 
Programs of the Department of Justice--
            (1) may make grants, or enter into cooperative agreements 
        and contracts, for the Office of Justice Programs and the 
        component organizations of that Office; and
            (2) shall have final authority over all grants, cooperative 
        agreements, and contracts made, or entered into, for the Office 
        of Justice Programs and the component organizations of that 
        Office.

    Sec. 113. Notwithstanding any other provision of law, with respect 
to any grant program for which amounts are made available under this 
title, the term ``tribal'' means of or relating to an Indian

[[Page 112 STAT. 2681-68]]

tribe (as that term is defined in section 102(2) of the Federally 
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a(2))).
    Sec. 114. Section 286(e)(1)(C) of the Immigration and Nationality 
Act (8 U.S.C. 1356(e)(1)(C)) is amended by inserting ``State'' and a 
comma immediately before ``territory''.
    Sec. 115. (a)(1) Notwithstanding any other provision of law, for 
fiscal year 1999, the Attorney General may obligate any funds 
appropriated for or reimbursed to the Counterterrorism programs, 
projects or activities of the Department of Justice to purchase or lease 
equipment or any related items, or to acquire interim services, without 
regard to any otherwise applicable Federal acquisition rule, if the 
Attorney General determines that--
            (A) there is an exigent need for the equipment, related 
        items, or services in order to support an ongoing 
        counterterrorism, national security, or computer-crime 
        investigation or prosecution;
            (B) the equipment, related items, or services required are 
        not available within the Department of Justice; and
            (C) adherence to that Federal acquisition rule would--
                    (i) delay the timely acquisition of the equipment, 
                related items, or services; and
                    (ii) adversely affect an ongoing counterterrorism, 
                national security, or computer-crime investigation or 
                prosecution.

    (2) In this subsection, the term ``Federal acquisition rule'' means 
any provision of title II or IX of the Federal Property and 
Administrative Services Act of 1949, the Office of Federal Procurement 
Policy Act, the Small Business Act, the Federal Acquisition Regulation, 
or any other provision of law or regulation that establishes policies, 
procedures, requirements, conditions, or restrictions for procurements 
by the head of a department or agency or the Federal Government.

    (b) The Attorney General shall immediately notify the Committees on 
Appropriations of the House of Representatives and the Senate in writing 
of each expenditure under subsection (a), which notification shall 
include sufficient information to explain the circumstances 
necessitating the exercise of the authority under that subsection.
    Sec. 116. Section 110(a) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``later than'' and all that follows through ``Attorney'' and 
        inserting ``later than October 15, 1998 (and not later than 
        March 30, 2001, in the case of land border ports of entry and 
        sea ports), the Attorney'';
            (2) in paragraph (1), by striking ``and'' at the end;
            (3) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(3) not significantly disrupt trade, tourism, or other 
        legitimate cross-border traffic at land border ports of 
        entry.''.

    Sec. 117. Section 402 of the Controlled Substances Act (21 U.S.C. 
842) is amended--
            (1) in subsection (a)(5), by inserting ``negligently'' 
        before ``fail'';

[[Page 112 STAT. 2681-69]]

            (2) in subsection (a)(10), by inserting ``negligently'' 
        before ``to fail''; and
            (3) in subsection (c)(1)--
                    (A) by inserting ``(A)'' after ``(1)'';
                    (B) by inserting ``subparagraph (B) of this 
                paragraph and'' before ``paragraph (2)''; and
                    (C) by adding at the end the following:

    ``(B) In the case of a violation of paragraph (5) or (10) of 
subsection (a), the civil penalty shall not exceed $10,000.''.
    Sec. 118. The General Accounting Office shall--
            (1) monitor the compliance of the Department of Justice and 
        all United States Attorneys with the ``Guidance on the Use of 
        the False Claims Act in Civil Health Care Matters'' issued by 
        the Department of Justice on June 3, 1998, including any 
        revisions to that guidance; and
            (2) not later than February 1, 1999, and again not later 
        than August 2, 1999, submit a report on such compliance to the 
        Committees on the Judiciary and the Committees on Appropriations 
        of the Senate and the House of Representatives.

    Sec. 119. Firearms Safety. (a) Secure Gun Storage Device.--Section 
921(a) of title 18, United States Code, is amended by adding at the end 
the following:
    ``(34) The term `secure gun storage or safety device' means--
            ``(A) a device that, when installed on a firearm, is 
        designed to prevent the firearm from being operated without 
        first deactivating the device;
            ``(B) a device incorporated into the design of the firearm 
        that is designed to prevent the operation of the firearm by 
        anyone not having access to the device; or
            ``(C) a safe, gun safe, gun case, lock box, or other device 
        that is designed to be or can be used to store a firearm and 
        that is designed to be unlocked only by means of a key, a 
        combination, or other similar means.''.

    (b) Certification Required in Application for Dealer's License.--
Section 923(d)(1) of title 18, United States Code, is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(G) in the case of an application to be licensed as a 
        dealer, the applicant certifies that secure gun storage or 
        safety devices will be available at any place in which firearms 
        are sold under the license to persons who are not licensees 
        (subject to the exception that in any case in which a secure gun 
        storage or safety device is temporarily unavailable because of 
        theft, casualty loss, consumer sales, backorders from a 
        manufacturer, or any other similar reason beyond the control of 
        the licensee, the dealer shall not be considered to be in 
        violation of the requirement under this subparagraph to make 
        available such a device).''.

    (c) Revocation of Dealer's License for Failure To Have Secure Gun 
Storage or Safety Devices Available.--The first sentence of section 
923(e) of title 18, United States Code, is amended by inserting before 
the period at the end the following: ``or fails to have secure gun 
storage or safety devices available at any place in which firearms are 
sold under the license to persons who are

[[Page 112 STAT. 2681-70]]

not licensees (except that in any case in which a secure gun storage or 
safety device is temporarily unavailable because of theft, casualty 
loss, consumer sales, backorders from a manufacturer, or any other 
similar reason beyond the control of the licensee, the dealer shall not 
be considered to be in violation of the requirement to make available 
such a device)''.
    (d) Statutory Construction; Evidence.--
             <<NOTE: 18 USC 923 note.>> (1) Statutory construction.--
        Nothing in the amendments made by this section shall be 
        construed--
                    (A) as creating a cause of action against any 
                firearms dealer or any other person for any civil 
                liability; or
                    (B) as establishing any standard of care.
            (2) Evidence.--Notwithstanding any other provision of law, 
        evidence regarding compliance or noncompliance with the 
        amendments made by this section shall not be admissible as 
        evidence in any proceeding of any court, agency, board, or other 
        entity.

     <<NOTE: 18 USC 921 note.>> (e) Effective Date.--The amendments made 
by this section shall take effect 180 days after the date of enactment 
of this Act.

    Sec. 120. Firearm Safety Education Grants. (a) In General.--Section 
510 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3760) is amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1) undertaking educational and training programs for--
                    ``(A) criminal justice personnel; and
                    ``(B) the general public, with respect to the lawful 
                and safe ownership, storage, carriage, or use of 
                firearms, including the provision of secure gun storage 
                or safety devices;'';
            (2) in the first sentence of subsection (b), by inserting 
        before the period the following: ``and is authorized to make 
        grants to, or enter into contracts with, those persons and 
        entities to carry out the purposes specified in subsection 
        (a)(1)(B) in accordance with subsection (c)''; and
            (3) by adding at the end the following:

    ``(c)(1) In accordance with this subsection, the Director may make a 
grant to, or enter into a contract with, any person or entity referred 
to in subsection (b) to provide for a firearm safety program that, in a 
manner consistent with subsection (a)(1)(B), provides for general public 
training and dissemination of information concerning firearm safety, 
secure gun storage, and the lawful ownership, carriage, or use of 
firearms, including the provision of secure gun storage or safety 
devices.
    ``(2) Funds made available under a grant under paragraph (1) may not 
be used (either directly or by supplanting non-Federal funds) for 
advocating or promoting gun control, including making communications 
that are intended to directly or indirectly affect the passage of 
Federal, State, or local legislation intended to restrict or control the 
purchase or use of firearms.
    ``(3) Except as provided in paragraph (4), each firearm safety 
program that receives funding under this subsection shall provide for 
evaluations that shall be developed pursuant to guidelines that the 
Director of the National Institute of Justice of the Department of 
Justice, in consultation with the Director of the Bureau of Justice

[[Page 112 STAT. 2681-71]]

Assistance and recognized private entities that have expertise in 
firearms safety, education and training, shall establish.
    ``(4) With respect to a firearm safety program that receives funding 
under this section, the Director may waive the evaluation requirement 
described in paragraph (3) if the Director determines that the program--
            ``(A) is not of a sufficient size to justify an evaluation; 
        or
            ``(B) is designed primarily to provide material resources 
        and supplies, and that activity would not justify an 
        evaluation.''.

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

    Sec. 121. Section 922 of title 18, United States Code, is amended--
            (1) in subsection (d), by striking paragraph (5) and 
        inserting the following:
            ``(5) who, being an alien--
                    ``(A) is illegally or unlawfully in the United 
                States; or
                    ``(B) except as provided in subsection (y)(2), has 
                been admitted to the United States under a nonimmigrant 
                visa (as that term is defined in section 101(a)(26) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26)));'';
            (2) in subsection (g), by striking paragraph (5) and 
        inserting the following:
            ``(5) who, being an alien--
                    ``(A) is illegally or unlawfully in the United 
                States; or
                    ``(B) except as provided in subsection (y)(2), has 
                been admitted to the United States under a nonimmigrant 
                visa (as that term is defined in section 101(a)(26) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(26)));'';
            (3) in subsection (s)(3)(B), by striking clause (v) and 
        inserting the following:
                          ``(v) is not an alien who--
                                    ``(I) is illegally or unlawfully in 
                                the United States; or
                                    ``(II) subject to subsection (y)(2), 
                                has been admitted to the United States 
                                under a nonimmigrant visa (as that term 
                                is defined in section 101(a)(26) of the 
                                Immigration and Nationality Act (8 
                                U.S.C. 1101(a)(26)));''; and
            (4) by inserting after subsection (x) the following:

    ``(y) Provisions Relating to Aliens Admitted Under Nonimmigrant 
Visas.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `alien' has the same meaning as in 
                section 101(a)(3) of the Immigration and Nationality Act 
                (8 U.S.C. 1101(a)(3)); and
                    ``(B) the term `nonimmigrant visa' has the same 
                meaning as in section 101(a)(26) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(26)).

[[Page 112 STAT. 2681-72]]

            ``(2) Exceptions.--Subsections (d)(5)(B), (g)(5)(B), and 
        (s)(3)(B)(v)(II) do not apply to any alien who has been lawfully 
        admitted to the United States under a nonimmigrant visa, if that 
        alien is--
                    ``(A) admitted to the United States for lawful 
                hunting or sporting purposes or is in possession of a 
                hunting license or permit lawfully issued in the United 
                States;
                    ``(B) an official representative of a foreign 
                government who is--
                          ``(i) accredited to the United States 
                      Government or the Government's mission to an 
                      international organization having its headquarters 
                      in the United States; or
                          ``(ii) en route to or from another country to 
                      which that alien is accredited;
                    ``(C) an official of a foreign government or a 
                distinguished foreign visitor who has been so designated 
                by the Department of State; or
                    ``(D) a foreign law enforcement officer of a 
                friendly foreign government entering the United States 
                on official law enforcement business.
            ``(3) Waiver.--
                    ``(A) Conditions for waiver.--Any individual who has 
                been admitted to the United States under a nonimmigrant 
                visa may receive a waiver from the requirements of 
                subsection (g)(5), if--
                          ``(i) the individual submits to the Attorney 
                      General a petition that meets the requirements of 
                      subparagraph (C); and
                          ``(ii) the Attorney General approves the 
                      petition.
                    ``(B) Petition.--Each petition under subparagraph 
                (B) shall--
                          ``(i) demonstrate that the petitioner has 
                      resided in the United States for a continuous 
                      period of not less than 180 days before the date 
                      on which the petition is submitted under this 
                      paragraph; and
                          ``(ii) include a written statement from the 
                      embassy or consulate of the petitioner, 
                      authorizing the petitioner to acquire a firearm or 
                      ammunition and certifying that the alien would 
                      not, absent the application of subsection 
                      (g)(5)(B), otherwise be prohibited from such 
                      acquisition under subsection (g).
                    ``(C) Approval of petition.--The Attorney General 
                shall approve a petition submitted in accordance with 
                this paragraph, if the Attorney General determines that 
                waiving the requirements of subsection (g)(5)(B) with 
                respect to the petitioner--
                          ``(i) would be in the interests of justice; 
                      and
                          ``(ii) would not jeopardize the public 
                      safety.''.

    Sec. 122. Section 3486(a)(1) of title 18, United States Code, is 
amended by inserting ``or any act or activity involving a Federal 
offense relating to the sexual exploitation or other abuse of 
children,'' after ``health care offense,''.
    Sec. 123. Section 170102 of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 14072) is amended--
            (1) in subsection (a)(2), by striking ``or'';

[[Page 112 STAT. 2681-73]]

            (2) in subsection (g)(3), by striking ``minimally 
        sufficient'' and inserting ``State sexual offender''; and
            (3) by amending subsection (i) to read as follows:

    ``(i) Penalty.--A person who is--
            ``(1) required to register under paragraph (1), (2), or (3) 
        of subsection (g) of this section and knowingly fails to comply 
        with this section;
            ``(2) required to register under a sexual offender 
        registration program in the person's State of residence and 
        knowingly fails to register in any other State in which the 
        person is employed, carries on a vocation, or is a student;
            ``(3) described in section 4042(c)(4) of title 18, United 
        States Code, and knowingly fails to register in any State in 
        which the person resides, is employed, carries on a vocation, or 
        is a student following release from prison or sentencing to 
        probation; or
            ``(4) sentenced by a court martial for conduct in a category 
        specified by the Secretary of Defense under section 115(a)(8)(C) 
        of title I of Public Law 105-119, and knowingly fails to 
        register in any State in which the person resides, is employed, 
        carries on a vocation, or is a student following release from 
        prison or sentencing to probation, shall, in the case of a first 
        offense under this subsection, be imprisoned for not more than 1 
        year and, in the case of a second or subsequent offense under 
        this subsection, be imprisoned for not more than 10 years.''.

     <<NOTE: 28 USC 534 note.>> Sec. 124. (a)(1) A nursing facility or 
home health care agency may submit a request to the Attorney General to 
conduct a search and exchange of records described in subsection (b) 
regarding an applicant for employment if the employment position is 
involved in direct patient care.
      (2) A nursing facility or home health care agency requesting a 
search and exchange of records under this section shall submit to the 
Attorney General through the appropriate State agency or agency 
designated by the Attorney General a copy of an employment applicant's 
fingerprints, a statement signed by the applicant authorizing the 
nursing facility or home health care agency to request the search and 
exchange of records, and any other identification information not more 
than 7 days (excluding Saturdays, Sundays, and legal public holidays 
under section 6103(a) of title 5, United States Code) after acquiring 
the fingerprints, signed statement, and information.

    (b) Pursuant to any submission that complies with the requirements 
of subsection (a), the Attorney General shall search the records of the 
Criminal Justice Information Services Division of the Federal Bureau of 
Investigation for any criminal history records corresponding to the 
fingerprints or other identification information submitted. The Attorney 
General shall provide any corresponding information resulting from the 
search to the appropriate State agency or agency designated by the 
Attorney General to receive such information.
    (c) Information regarding an applicant for employment in a nursing 
facility or home health care agency obtained pursuant to this section 
may be used only by the facility or agency requesting the information 
and only for the purpose of determining the suitability of the applicant 
for employment by the facility or agency in a position involved in 
direct patient care.

[[Page 112 STAT. 2681-74]]

    (d) The Attorney General may charge a reasonable fee, not to exceed 
$50 per request, to any nursing facility or home health care agency 
requesting a search and exchange of records pursuant to this section.
    (e) Not later than 2 years after the date of enactment of this Act, 
the Attorney General shall submit a report to Congress on the number of 
requests for searches and exchanges of records made under this section 
by nursing facilities and home health care agencies and the disposition 
of such requests.

    (f) Whoever knowingly uses any information obtained pursuant to this 
section for a purpose other than as authorized under subsection (c) 
shall be fined in accordance with title 18, United States Code, 
imprisoned for not more than 2 years, or both.
    (g) A nursing facility or home health care agency that, in denying 
employment for an applicant, reasonably relies upon information provided 
by the Attorney General pursuant to this section shall not be liable in 
any action brought by the applicant based on the employment 
determination resulting from the incompleteness or inaccuracy of the 
information.
    (h) The Attorney General may promulgate such regulations as are 
necessary to carry out this section, including regulations regarding the 
security, confidentiality, accuracy, use, destruction, and dissemination 
of information, audits and recordkeeping, the imposition of fees, and 
any necessary modifications to the definitions contained in subsection 
(i).
    (i) In this section:
            (1) The term ``home health care agency'' means an agency 
        that provides home health care or personal care services on a 
        visiting basis in a place of residence.
            (2) The term ``nursing facility'' means a facility or 
        institution (or a distinct part of an institution) that is 
        primarily engaged in providing to residents of the facility or 
        institution nursing care, including skilled nursing care, and 
        related services for individuals who require medical or nursing 
        care.

    (j) This section shall apply without fiscal year limitation.
     <<NOTE: 5 USC 5724a note.>> Sec. 125. Effective with the enactment 
of this Act, and in any fiscal year hereafter, the Attorney General and 
the Secretary of the Treasury may, for their respective agencies, extend 
the payment of relocation expenses listed in section 5724a(b)(1) of 
Title 5 of the United States Code to include the Commonwealth of Puerto 
Rico, the Commonwealth of the Northern Mariana Islands, and the 
territories and possessions of the United States.

    Sec. 126. Notwithstanding any other provision of this Act, the total 
of the amounts appropriated under this title of this Act is reduced by 
$20,038,000, out of which the reductions for each account shall be made 
in accordance with the chart on Year 2000 funding dated September 17, 
1998, provided to Congress by the Department of Justice.
    Sec. 127. Notwithstanding any other provision of law, in any action 
brought by a prisoner under section 1979 of the Revised Statutes (42 
U.S.C. 1983) against a Federal, State, or local jail, prison, or 
correctional facility, or any employee or former employee thereof, 
arising out of the incarceration of that prisoner--
            (1) the financial records of a person employed or formerly 
        employed by the Federal, State, or local jail, prison, or 
        correctional facility, shall not be subject to disclosure 
        without the written consent of that person or pursuant to a 
        court order,

[[Page 112 STAT. 2681-75]]

        unless a verdict of liability has been entered against that 
        person; and
            (2) the home address, home phone number, social security 
        number, identity of family members, personal tax returns, and 
        personal banking information of a person described in paragraph 
        (1), and any other records or information of a similar nature 
        relating to that person, shall not be subject to disclosure 
        without the written consent of that person, or pursuant to a 
        court order.

    Sec. 128. (a) The numerical limitation set forth in section 209(b) 
of the Immigration and Nationality Act (8 U.S.C. 1159(b)) shall not 
apply to any alien described in subsection (b).

    (b) An alien described in subsection (a) is an alien who was a 
United States Government employee, employee of a nongovernmental 
organization based in the United States, or other Iraqi national who was 
moved to Guam by the United States Government in 1996 or 1997 pursuant 
to an arrangement made by the United States Government, and who was 
granted asylum in the United States under section 208(a) of the 
Immigration and Nationality Act (8 U.S.C. 1158(a)).
    Sec. 129. (a) Amendments to Juvenile Justice and Delinquency 
Prevention Act of 1974.--
            (1) In general.--Section 103 of the Juvenile Justice and 
        Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is amended--
                    (A) by striking paragraph (8) and inserting the 
                following:
            ``(8) the term `unit of local government' means--
                    ``(A) any city, county, township, town, borough, 
                parish, village, or other general purpose political 
                subdivision of a State;
                    ``(B) any law enforcement district or judicial 
                enforcement district that--
                          ``(i) is established under applicable State 
                      law; and
                          ``(ii) has the authority to, in a manner 
                      independent of other State entities, establish a 
                      budget and raise revenues;
                    ``(C) an Indian Tribe that performs law enforcement 
                functions, as determined by the Secretary of the 
                Interior; or
                    ``(D) for the purposes of assistance eligibility, 
                any agency of the government of the District of Columbia 
                or the Federal Government that performs law enforcement 
                functions in and for--
                          ``(i) the District of Columbia; or
                          ``(ii) any Trust Territory of the United 
                      States;''; and
                    (B) in paragraph (9), by striking ``units of general 
                local government'' and inserting ``units of local 
                government''.
            (2) Conforming amendments.--
                    (A) Section 221(a) of the Juvenile Justice and 
                Delinquency Prevention Act of 1974 (42 U.S.C. 5631(a)) 
                is amended by striking ``units of general local 
                government'' each place that term appears and inserting 
                ``units of local government''.
                    (B) Section 222(c) of the Juvenile Justice and 
                Delinquency Prevention Act of 1974 (42 U.S.C. 5632(c)) 
                is

[[Page 112 STAT. 2681-76]]

                amended by striking ``units of general local 
                government'' each place that term appears and inserting 
                ``units of local government''.
                    (C) Section 223(a) of the Juvenile Justice and 
                Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)) 
                is amended--
                          (i) in paragraph (4)--
                                    (I) by striking ``units of general 
                                local government'' and inserting ``units 
                                of local government''; and
                                    (II) by striking ``local 
                                governments'' and inserting ``units of 
                                local government'';
                          (ii) in paragraph (5)--
                                    (I) in subparagraph (A), by striking 
                                ``units of general local government'' 
                                and inserting ``units of local 
                                government''; and
                                    (II) in subparagraph (B), by 
                                striking ``unit of general local 
                                government'' and inserting ``unit of 
                                local government'';
                          (iii) in paragraph (6), by striking ``unit of 
                      general local government'' and inserting ``unit of 
                      local government''; and
                          (iv) in paragraph (10), by striking ``unit of 
                      general local government'' and inserting ``unit of 
                      local government''.
                    (D) Section 244(5) of the Juvenile Justice and 
                Delinquency Prevention Act of 1974 (42 U.S.C. 5654(5)) 
                is amended by striking ``units of general local 
                government'' and inserting ``units of local 
                government''.
                    (E) Section 372(a)(3) of the Juvenile Justice and 
                Delinquency Prevention Act of 1974 (42 U.S.C. 
                5714b(a)(3)) is amended by striking ``unit of general 
                local government'' and inserting ``unit of local 
                government''.
                    (F) Section 505(a) of the Juvenile Justice and 
                Delinquency Prevention Act of 1974 (42 U.S.C. 5784(a)) 
                is amended by striking ``units of general local 
                government'' and inserting ``units of local 
                government''.

    (b) Omnibus Crime Control and Safe Streets Act of 1968.--Section 
901(3) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3791(3)) is amended to read as follows:
            ``(3) `unit of local government' means--
                    ``(A) any city, county, township, town, borough, 
                parish, village, or other general purpose political 
                subdivision of a State;
                    ``(B) any law enforcement district or judicial 
                enforcement district that--
                          ``(i) is established under applicable State 
                      law; and
                          ``(ii) has the authority to, in a manner 
                      independent of other State entities, establish a 
                      budget and impose taxes;
                    ``(C) an Indian Tribe (as that term is defined in 
                section 103 of the Juvenile Justice and Delinquency 
                Prevention Act of 1974 (42 U.S.C. 5603)) that performs 
                law enforcement functions, as determined by the 
                Secretary of the Interior; or
                    ``(D) for the purposes of assistance eligibility, 
                any agency of the government of the District of Columbia 
                or

[[Page 112 STAT. 2681-77]]

                the Federal Government that performs law enforcement 
                functions in and for--
                          ``(i) the District of Columbia; or
                          ``(ii) any Trust Territory of the United 
                      States;''.

    Sec. 130. For payments of judgments against the United States and 
compromise settlements of claims in suits against the United States 
arising from the Financial Institutions Reform, Recovery and Enforcement 
Act (FIRREA) and its implementation, such sums as may be necessary, to 
remain available until expended: Provided, That the foregoing authority 
is available solely for payment of judgments and compromise settlements: 
Provided further, That payment of litigation expenses is available under 
existing authority as set forth in the Memorandum of Understanding 
between the Federal Deposit Insurance Corporation and the Department of 
Justice, dated October 2, 1998, and may not be paid from amounts 
provided in this Act.

    This title may be cited as the ``Department of Justice 
Appropriations Act, 1999''.

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

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of the United States Trade Representative

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

                     International Trade Commission

                          salaries and expenses

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

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                      operations and administration

    For necessary expenses for international trade activities of the 
Department of Commerce provided for by law, and engaging in trade 
promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports of United 
States firms, without regard to 44 U.S.C. 3702 and

[[Page 112 STAT. 2681-78]]

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

                          Export Administration

    For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed overseas; 
employment of Americans and aliens by contract for services abroad; 
rental of space abroad for periods not exceeding ten years, and expenses 
of alteration, repair, or improvement; payment of tort claims, in the 
manner authorized in the first paragraph of 28 U.S.C. 2672 when such 
claims arise in foreign countries; not to exceed $15,000 for official 
representation expenses abroad; awards of compensation to informers 
under the Export Administration Act of 1979, and as authorized by 22 
U.S.C. 401(b); purchase of passenger motor vehicles for official use and 
motor vehicles for law enforcement use with special requirement vehicles 
eligible for purchase without regard to any price limitation otherwise 
established by law, $52,331,000 to remain available until expended, of 
which $1,877,000 shall be for inspections and other activities

[[Page 112 STAT. 2681-79]]

related to national security: Provided, That the provisions of the first 
sentence of section 105(f) and all of section 108(c) of the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 
2458(c)) shall apply in carrying out these activities: Provided further, 
That payments and contributions collected and accepted for materials or 
services provided as part of such activities may be retained for use in 
covering the cost of such activities, and for providing information to 
the public with respect to the export administration and national 
security activities of the Department of Commerce and other export 
control programs of the United States and other governments: Provided 
further, That no funds may be obligated or expended for processing 
licenses for the export of satellites of United States origin (including 
commercial satellites and satellite components) to the People's Republic 
of China, unless, at least 15 days in advance, the Committees on 
Appropriations of the House and the Senate and other appropriate 
Committees of the Congress are notified of such proposed action.

                   Economic Development Administration

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

                          salaries and expenses

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

[[Page 112 STAT. 2681-80]]

                  Minority Business Development Agency

                      minority business development

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

                 Economic and Information Infrastructure

                    Economic and Statistical Analysis

                          salaries and expenses

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

                          Bureau of the Census

                          salaries and expenses

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

                     periodic censuses and programs

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

       National Telecommunications and Information Administration

                          salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (NTIA), $10,940,000, 
to remain available until expended: Provided, That, notwithstanding 31 
U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies 
for costs incurred in spectrum management, analysis, and operations, and 
related services and such fees shall be retained and used as offsetting 
collections for costs of such spectrum services, to remain available 
until <<NOTE: 47 USC 903 note. public telecommunications facilities, 
planning and construction>> expended: Provided further, That hereafter, 
notwithstanding any other provision of law, NTIA shall not authorize 
spectrum use or provide any spectrum

[[Page 112 STAT. 2681-81]]

functions pursuant to the NTIA Organization Act, 47 U.S.C. 902-903, to 
any Federal entity without reimbursement as required by NTIA for such 
spectrum management costs, and Federal entities withholding payment of 
such cost shall not use spectrum: Provided further, That the Secretary 
of Commerce is authorized to retain and use as offsetting collections 
all funds transferred, or previously transferred, from other Government 
agencies for all costs incurred in telecommunications research, 
engineering, and related activities by the Institute for 
Telecommunication Sciences of the NTIA, in furtherance of its assigned 
functions under this paragraph, and such funds received from other 
       Government agencies shall remain available until expended.

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

                    information infrastructure grants

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

[[Page 112 STAT. 2681-82]]

                       Patent and Trademark Office

                          salaries and expenses

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

                         Science and Technology

                        Technology Administration

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

             National Institute of Standards and Technology

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

[[Page 112 STAT. 2681-83]]

of which not to exceed $1,625,000 may be transferred to the ``Working 
Capital Fund''.

                     industrial technology services

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

    In addition, for necessary expenses of the Advanced Technology 
Program of the National Institute of Standards and Technology, 
$203,500,000, to remain available until expended, of which not to exceed 
$66,000,000 shall be available for the award of new grants, and of which 
not to exceed $500,000 may be transferred to the ``Working Capital 
Fund''.

                   construction of research facilities

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

             National Oceanic and Atmospheric Administration

                  operations, research, and facilities

    For necessary expenses of activities authorized by law for the 
National <<NOTE: 33 USC 851.>> Oceanic and Atmospheric Administration, 
including maintenance, operation, and hire of aircraft; not to exceed 
250 commissioned officers on the active list as of September 30, 1999; 
grants, contracts, or other payments to nonprofit organizations for the 
purposes of conducting activities pursuant to cooperative agreements; 
and relocation of facilities as authorized by 33 U.S.C. 883i; 
$1,579,844,000, to remain available until expended: Provided, That fees 
and donations received by the National Ocean Service for

[[Page 112 STAT. 2681-84]]

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

                procurement, acquisition and construction

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

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

[[Page 112 STAT. 2681-85]]

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

                      foreign fishing observer fund

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

                    fisheries finance program account

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

                         General Administration

                          salaries and expenses

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

                       office of inspector general

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

                       Patent and Trademark Office

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

               General Provisions--Department of Commerce

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

[[Page 112 STAT. 2681-86]]

only upon the certification of officials designated by the Secretary of 
Commerce that such payments are in the public interest.

    Sec. 202. During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefore, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 203. None of the funds made available by this Act may be used 
to support the hurricane reconnaissance aircraft and activities that are 
under the control of the United States Air Force or the United States 
Air Force Reserve.
    Sec. 204. <<NOTE: 13 USC 23 note.>> None of the funds provided in 
this or any previous Act, or hereinafter made available to the 
Department of Commerce, shall be available to reimburse the Unemployment 
Trust Fund or any other fund or account of the Treasury to pay for any 
expenses paid before October 1, 1992, as authorized by section 8501 of 
title 5, United States Code, for services performed after April 20, 
1990, by individuals appointed to temporary positions within the Bureau 
of the Census for purposes relating to the 1990 decennial census of 
population.

    Sec. 205. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this section shall be 
treated as a reprogramming of funds under section 605 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 206. (a) Should legislation be enacted to dismantle or 
reorganize the Department of Commerce, or any portion thereof, the 
Secretary of Commerce, no later than 90 days thereafter, shall submit to 
the Committees on Appropriations of the House and the Senate a plan for 
transferring funds provided in this Act to the appropriate successor 
organizations: Provided, That the plan shall include a proposal for 
transferring or rescinding funds appropriated herein for agencies or 
programs terminated under such legislation: Provided further, That such 
plan shall be transmitted in accordance with section 605 of this Act.
    (b) The Secretary of Commerce or the appropriate head of any 
successor organization(s) may use any available funds to carry out 
legislation dismantling or reorganizing the Department of Commerce, or 
any portion thereof, to cover the costs of actions relating to the 
abolishment, reorganization, or transfer of functions and any related 
personnel action, including voluntary separation incentives if 
authorized by such legislation: Provided, That the authority to transfer 
funds between appropriations accounts that may be necessary to carry out 
this section is provided in addition to authorities included under 
section 205 of this Act: Provided further, That use of funds to carry 
out this section shall be treated as a reprogramming of funds under 
section 605 of this Act and shall not be available for obligation or 
expenditure except in compliance with the procedures set forth in that 
section.
    Sec. 207. Any costs incurred by a Department or agency funded under 
this title resulting from personnel actions taken in response to funding 
reductions included in this title or from actions taken

[[Page 112 STAT. 2681-87]]

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

    Sec. 208. The Secretary of Commerce may award contracts for 
hydrographic, geodetic, and photogrammetric surveying and mapping 
services in accordance with title IX of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 541 et seq.).
    Sec. 209. The Secretary of Commerce may use the Commerce franchise 
fund for expenses and equipment necessary for the maintenance and 
operation of such administrative services as the Secretary determines 
may be performed more advantageously as central services, pursuant to 
section 403 of Public Law 103-356: Provided, That any inventories, 
equipment, and other assets pertaining to the services to be provided by 
such fund, either on hand or on order, less the related liabilities or 
unpaid obligations, and any appropriations made for the purpose of 
providing capital shall be used to capitalize such fund: Provided 
further, That such fund shall be paid in advance from funds available to 
the Department and other Federal agencies for which such centralized 
services are performed, at rates which will return in full all expenses 
of operation, including accrued leave, depreciation of fund plant and 
equipment, amortization of automated data processing (ADP) software and 
systems (either acquired or donated), and an amount necessary to 
maintain a reasonable operating reserve, as determined by the Secretary: 
Provided further, That such fund shall provide services <<NOTE: 31 USC 
501 note.>> on a competitive basis: Provided further, That an amount not 
to exceed 4 percent of the total annual income to such fund may be 
retained in the fund for fiscal year 1999 and each fiscal year 
thereafter, to remain available until expended, to be used for the 
acquisition of capital equipment, and for the improvement and 
implementation of Department financial management, ADP, and other 
support systems: Provided further, That such amounts retained in the 
fund for fiscal year 1999 and each fiscal year thereafter shall be 
available for obligation and expenditure only in accordance with section 
605 of this Act: Provided further, That no later than 30 days after the 
end of each fiscal year, amounts in excess of this reserve limitation 
shall be deposited as miscellaneous receipts in the Treasury: Provided 
further, That such franchise fund pilot program shall terminate pursuant 
to section 403(f) of Public Law 103-356.

    Sec. 210. No funds may be used under this Act to process or register 
any application filed or submitted with the Patent and Trademark Office 
under the Act entitled ``An Act to provide for the registration and 
protection of trademarks used in commerce, to carry out the provisions 
of certain international conventions, and for other purposes'', approved 
July 5, 1946, commonly referred to as the Trademark Act of 1946, as 
amended, after the date of enactment of this Act for a mark identical to 
the official tribal insignia of any federally recognized Indian tribe 
for a period of one year from the date of enactment of this Act.

[[Page 112 STAT. 2681-88]]

    Sec. 211. (a)(1) Notwithstanding any other provision of law, no 
transaction or payment shall be authorized or approved pursuant to 
section 515.527 of title 31, Code of Federal Regulations, as in effect 
on September 9, 1998, with respect to a mark, trade name, or commercial 
name that is the same as or substantially similar to a mark, trade name, 
or commercial name that was used in connection with a business or assets 
that were confiscated unless the original owner of the mark, trade name, 
or commercial name, or the bona fide successor-in-interest has expressly 
consented.
    (2) No U.S. court shall recognize, enforce or otherwise validate any 
assertion of rights by a designated national based on common law rights 
or registration obtained under such section 515.527 of such a 
confiscated mark, trade name, or commercial name.

    (b) No U.S. court shall recognize, enforce or otherwise validate any 
assertion of treaty rights by a designated national or its successor-in-
interest under sections 44 (b) or (e) of the Trademark Act of 1946 (15 
U.S.C. 1126 (b) or (e)) for a mark, trade name, or commercial name that 
is the same as or substantially similar to a mark, trade name, or 
commercial name that was used in connection with a business or assets 
that were confiscated unless the original owner of such mark, trade 
name, or commercial name, or the bona fide successor-in-interest has 
expressly consented.
     <<NOTE: Regulations.>> (c) The Secretary of the Treasury shall 
promulgate such rules and regulations as are necessary to carry out the 
provisions of this section.

    (d) In this section:
            (1) The term ``designated national'' has the meaning given 
        such term in section 515.305 of title 31, Code of Federal 
        Regulations, as in effect on September 9, 1998, and includes a 
        national of any foreign country who is a successor-in-interest 
        to a designated national.
            (2) The term ``confiscated'' has the meaning given such term 
        in section 515.336 of title 31, Code of Federal Regulations, as 
        in effect on September 9, 1998.

    Sec. 212. (a) Subject to subsection (b), the Secretary of Commerce 
shall convey, at fair market value (as determined by the Secretary), to 
the city of Two Harbors, Minnesota, or its designee, the parcel of land 
described in subsection (c).
    (b) The Secretary may make the conveyance under subsection (a) only 
if the Secretary receives adequate assurances, as determined by the 
Secretary, that the conveyance is in accordance with the requirements of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9601 et seq.).
    (c) The parcel of land referred to in subsection (a) consists of 
approximately 21.55 acres known as the J and J Casting site, in Lake 
County, Minnesota, together with a road easement, all as described in 
the deed of the United States Marshal, dated March 22, 1988, executed 
pursuant to the order of sale of the United States District Court for 
the District of Minnesota, dated May 15, 1987, in case Civil No. 5-86-
300.
    (d) The Secretary shall carry out this section acting through the 
Assistant Secretary of Commerce for Economic Development.
    Sec. 213. The Secretary of Commerce, through the Under Secretary for 
Oceans and Atmosphere, is authorized to exchange, under such terms as 
the Secretary deems appropriate, all right, title, and interest in the 
28.16 acre Lena Point property near Juneau, Alaska, to site a National 
Oceanic and Atmospheric Administration

[[Page 112 STAT. 2681-89]]

facility: Provided, That the Secretary is authorized to enter into an 
agreement with the owner of the Lena Point site to modify existing rock 
quarry operations to minimize future site development costs, and to 
provide appropriated funds for project mitigation purposes: Provided 
further, That Section 2(b) of Public Law 104-91 is amended by striking 
``on Auke Cape near Juneau, Alaska'' and inserting in lieu thereof ``in 
Alaska''.
    Sec. 214. The National Oceanic and Atmospheric Administration (NOAA) 
is authorized to provide an easement, lease, license or other long-term 
agreement to allow the State of Alaska to own, operate and maintain a 
laboratory, classroom, and office facility on the site of the NOAA 
facility and to accept and expend State funds for development of joint 
facilities that will be owned and operated by NOAA: Provided, That NOAA 
is authorized to collect operation and maintenance costs from the State 
of Alaska and to retain said funds for utility costs, and current and 
future facility maintenance costs.

    This title may be cited as the ``Department of Commerce and Related 
Agencies Appropriations Act, 1999''.

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

                   Supreme Court of the United States

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

                    care of the building and grounds

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

         United States Court of Appeals for the Federal Circuit

                          salaries and expenses

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

               United States Court of International Trade

                          salaries and expenses

    For salaries of the chief judge and 8 judges, salaries of the 
officers and employees of the court, services as authorized by 5

[[Page 112 STAT. 2681-90]]

U.S.C. 3109, and necessary expenses of the court, as authorized by law, 
$11,804,000.

     Courts of Appeals, District Courts, and Other Judicial Services

                          salaries and expenses

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

                    violent crime reduction programs

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

                            defender services

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

[[Page 112 STAT. 2681-91]]

                    fees of jurors and commissioners

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

                             Court Security

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

            Administrative Office of the United States Courts

                          salaries and expenses

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

                         Federal Judicial Center

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

                        Judicial Retirement Funds

    For payment to the Judicial Officers' Retirement Fund, as authorized 
by 28 U.S.C. 377(o), $27,500,000; to the Judicial Survivors' Annuities 
Fund, as authorized by 28 U.S.C. 376(c),

[[Page 112 STAT. 2681-92]]

$7,800,000; and to the United States Court of Federal Claims Judges' 
Retirement Fund, as authorized by 28 U.S.C. 178(l), $2,000,000.

                   United States Sentencing Commission

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

                    General Provisions--The Judiciary

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

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

  <<NOTE: Department of State and Related Agencies Appropriations Act, 
1999.>> TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES

                           DEPARTMENT OF STATE

                    Administration of Foreign Affairs

                    diplomatic and consular programs

    For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, including expenses authorized by the 
State Department Basic Authorities Act of 1956, as amended; 
representation to certain international organizations in which the 
United States participates pursuant to treaties, ratified pursuant to 
the advice and consent of the Senate, or specific Acts of Congress; 
acquisition by exchange or purchase of passenger motor vehicles as 
authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c), and

[[Page 112 STAT. 2681-93]]

22 U.S.C. 2674; and for expenses of general administration, 
$1,644,300,000: Provided, That, of the amount made available under this 
heading, not to exceed $4,000,000 may be transferred to, and merged 
with, funds in the ``Emergencies in the Diplomatic and Consular 
Service'' appropriations account, to be available only for emergency 
evacuations and terrorism rewards: Provided further, That of the amount 
made available under this heading, $500,000 shall be available only for 
the National Law Center for Inter-American Free Trade: 
Provided <<NOTE: 8 USC 1351 note.>> further, That notwithstanding 
section 140(a)(5), and the second sentence of section 140(a)(3), of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103-236), fees may be collected during fiscal years 1999 and 2000 
under the authority of section 140(a)(1) of that Act: Provided further, 
That all fees collected under the preceding proviso shall be deposited 
in fiscal years 1999 and 2000 as an offsetting collection to 
appropriations made under this heading to recover costs as set forth 
under section 140(a)(2) of that Act and shall remain available until 
expended.

    In addition, not to exceed $1,252,000 shall be derived from fees 
collected from other executive agencies for lease or use of facilities 
located at the International Center in accordance with section 4 of the 
International Center Act (Public Law 90-553), as amended; in addition, 
as authorized by section 5 of such Act, $490,000, to be derived from the 
reserve authorized by that section, to be used for the purposes set out 
in that section; and, in addition, not to exceed $15,000, which shall be 
derived from reimbursements, surcharges, and fees for use of Blair House 
facilities in accordance with section 46 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2718(a)).
    Notwithstanding section 402 of this Act, not to exceed 20 percent of 
the amounts made available in this Act in the appropriation accounts 
``Diplomatic and Consular Programs'' and ``Salaries and Expenses'' under 
the heading ``Administration of Foreign Affairs'' may be transferred 
between such appropriation accounts: Provided, That any transfer 
pursuant to this sentence shall be treated as a reprogramming of funds 
under section 605 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.

                          salaries and expenses

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

                         capital investment fund

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

[[Page 112 STAT. 2681-94]]

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

                        representation allowances

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

              protection of foreign missions and officials

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

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

           emergencies in the diplomatic and consular service

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

                   repatriation loans program account

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

[[Page 112 STAT. 2681-95]]

               payment to the american institute in taiwan

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

      payment to the foreign service retirement and disability fund

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

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

              contributions to international organizations

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

[[Page 112 STAT. 2681-96]]

the procedures set forth in that section: Provided further, That not to 
exceed $2,000,000 shall only be available to establish an international 
center for response to chemical, biological, and nuclear weapons: 
Provided further, That funds appropriated under this paragraph may be 
obligated and expended to pay the full U.S. assessment to the civil 
budget of the North Atlantic Treaty Organization.

         contributions for international peacekeeping activities

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

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

[[Page 112 STAT. 2681-97]]

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

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

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

                          salaries and expenses

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

                              construction

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

              american sections, international commissions

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

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

                                  Other

                     payment to the asia foundation

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

[[Page 112 STAT. 2681-98]]

                            RELATED AGENCIES

                   Arms Control and Disarmament Agency

                 arms control and disarmament activities

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

                    United States Information Agency

                   international information programs

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

    For expenses of educational and cultural exchange programs, as 
authorized by the Mutual Educational and Cultural Exchange Act of 1961, 
as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 
1977 (91 Stat. 1636), $202,500,000, to remain available until expended 
as authorized by section 105 of such Act of 1961 (22 U.S.C. 2455): 
Provided, That not to exceed $800,000, to remain available until 
expended, may be credited to this appropriation from fees or other 
payments received from or in connection with English teaching and 
publication programs as authorized by section 810 of the United States 
Information and Educational

[[Page 112 STAT. 2681-99]]

Exchange Act of 1948 (22 U.S.C. 1475e) and, notwithstanding any other 
provision of law, fees from educational advising and counseling: 
Provided further, That notwithstanding section 402 of this Act, not to 
exceed $2,000,000 may be transferred from the funds made available under 
            this heading to the ``Technology Fund'' account.

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

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

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

    For expenses necessary to enable the United States Information 
Agency to carry out the Radio Broadcasting to Cuba Act, as amended, the 
Television Broadcasting to Cuba Act, and the International

[[Page 112 STAT. 2681-100]]

Broadcasting Act of 1994, including the purchase, rent, construction, 
and improvement of facilities for radio and television transmission and 
reception, and purchase and installation of necessary equipment for 
radio and television transmission and reception, $22,095,000, to remain 
                        available until expended.

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

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

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

                    national endowment for democracy

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

      General Provisions--Department of State and Related Agencies

    Sec. 401. Funds appropriated under this title shall be available, 
except as otherwise provided, for allowances and differentials as 
authorized by subchapter 59 of title 5, United States Code; for services 
as authorized by 5 U.S.C. 3109; and hire of passenger transportation 
pursuant to 31 U.S.C. 1343(b).
    Sec. 402. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of State in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the United States Information Agency in this Act 
may be transferred between such

[[Page 112 STAT. 2681-101]]

appropriations, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 percent by any 
such transfers: Provided further, That any transfer pursuant to this 
section shall be treated as a reprogramming of funds under section 605 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.
    Sec. 403. (a) An employee who regularly commutes from his or her 
place of residence in the continental United States to an official duty 
station in Canada or Mexico shall receive a border equalization 
adjustment equal to the amount of comparability payments under section 
5304 of title 5, United States Code, that he or she would receive if 
assigned to an official duty station within the United States locality 
pay area closest to the employee's official duty station.
    (b) For purposes of this section, the term ``employee'' shall mean a 
person who--
            (1) is an ``employee'' as defined under section 2105 of 
        title 5, United States Code; and
            (2) is employed by the United States Department of State, 
        the United States Information Agency, the United States Agency 
        for International Development, or the International Joint 
        Commission, except that the term shall not include members of 
        the Foreign Service as defined by section 103 of the Foreign 
        Service Act of 1980 (Public Law 96-465), section 3903 of title 
        22, United States Code.

    (c) An equalization adjustment payable under this section shall be 
considered basic pay for the same purposes as are comparability payments 
under section 5304 of title 5, United States Code, and its implementing 
regulations.
    (d) The agencies referenced in subsection (c)(2) are authorized to 
promulgate regulations to carry out the purposes of this section.
    Sec. 404. (a) Section 6(4) of the Japan-United States Friendship Act 
(22 U.S.C. 2905(4)) is amended by striking ``needed, except'' and all 
that follows through ``United States'' and inserting ``needed''.
    (b) The second sentence of section 7(b) of the Japan-United States 
Friendship Act (22 U.S.C. 2906(b)) is amended to read as follows: ``Such 
investment may be made only in interest-bearing obligations of the 
United States, in obligations guaranteed as to both principal and 
interest by the United States, in interest-bearing obligations of Japan, 
or in obligations guaranteed as to both principal and interest by 
Japan.''.

    Sec. 405. The Director of the United States Information Agency is 
authorized to administer summer travel and work programs without regard 
to preplacement requirements.
    Sec. 406. Section 12 of the International Organizations Immunities 
Act (22 U.S.C. 288f-2) is amended by inserting ``and the United Nations 
Industrial Development Organization'' after ``International Labor 
Organization''.
    Sec. 407. (a) Section 5545a of title 5, United States Code, is 
amended by adding at the end the following:
    ``(k)(1) For purposes of this section, the term `criminal 
investigator' includes a special agent occupying a position under title 
II of Public Law 99-399 if such special agent--
            ``(A) meets the definition of such term under paragraph (2) 
        of subsection (a) (applied disregarding the parenthetical matter 
        before subparagraph (A) thereof); and

[[Page 112 STAT. 2681-102]]

            ``(B) such special agent satisfies the requirements of 
        subsection (d) without taking into account any hours described 
        in paragraph (2)(B) thereof.

    ``(2) In applying subsection (h) with respect to a special agent 
under this subsection--
            ``(A) any reference in such subsection to `basic pay' shall 
        be considered to include amounts designated as `salary';
            ``(B) paragraph (2)(A) of such subsection shall be 
        considered to include (in addition to the provisions of law 
        specified therein) sections 609(b)(1), 805, 806, and 856 of the 
        Foreign Service Act of 1980; and
            ``(C) paragraph (2)(B) of such subsection shall be applied 
        by substituting for `Office of Personnel Management' the 
        following: `Office of Personnel Management or the Secretary of 
        State (to the extent that matters exclusively within the 
        jurisdiction of the Secretary are concerned)'.''.

    (b) Not later than the date on which the amendments made by this 
section take effect, each special agent of the Diplomatic Security 
Service who satisfies the requirements of subsection (k)(1) of section 
5545a of title 5, United States Code, as amended by this section, and 
the appropriate supervisory officer, to be designated by the Secretary 
of State, shall make an initial certification to the Secretary of State 
that the special agent is expected to meet the requirements of 
subsection (d) of such section 5545a. The Secretary of State may 
prescribe procedures necessary to administer this subsection.

    (c)(1) Paragraph (2) of section 5545a(a) of title 5, United States 
Code, is amended (in the matter before subparagraph (A)) by striking 
``Public Law 99-399)'' and inserting ``Public Law 99-399, subject to 
subsection (k))''.
    (2) Section 5542(e) of such title is amended by striking ``title 18, 
United States Code,'' and inserting ``title 18 or section 37(a)(3) of 
the State Department Basic Authorities Act of 1956,''.
     <<NOTE: Effective date. 5 USC 5542 note.>> (d) The amendments made 
by this section shall take effect on the first day of the first 
applicable pay period--
            (1) which begins on or after the 90th day following the date 
        of the enactment of this Act; and
            (2) on which date all regulations necessary to carry out 
        such amendments are (in the judgment of the Director of the 
        Office of Personnel Management and the Secretary of State) in 
        effect.

    Sec. 408. None of the funds made available in this Act may be used 
by the Department of State or the United States Information Agency to 
provide equipment, technical support, consulting services, or any other 
form of assistance to the Palestinian Broadcasting Corporation.
    Sec. <<NOTE: 28 USC 2669-1.>> 409. During the current fiscal year 
and hereafter, the Secretary of State shall have discretionary authority 
to pay tort claims in the manner authorized by section 2672 of title 28, 
United States Code, when such claims arise in foreign countries in 
connection with the overseas operations of the Department of State.

    Sec. 410. (a)(1)(A) Notwithstanding any other provision of law and 
subject to subparagraph (B), the Secretary of State and the Attorney 
General shall impose, for the processing of any application for the 
issuance of a machine readable combined border crossing card and 
nonimmigrant visa under section 101(a)(15)(B) of the Immigration and 
Nationality Act, a fee of $13 (for recovery of

[[Page 112 STAT. 2681-103]]

the costs of manufacturing the combined card and visa) in the case of 
any alien under 15 years of age where the application for the machine 
readable combined border crossing card and nonimmigrant visa is made in 
Mexico by a citizen of Mexico who has at least one parent or guardian 
who has a visa under such section or is applying for a machine readable 
combined border crossing card and nonimmigrant visa under such section 
as well.
    (B) The Secretary of State and the Attorney General may not commence 
implementation of the requirement in subparagraph (A) until the later 
of--
            (i) the date that is 6 months after the date of enactment of 
        this Act; or
            (ii) the date on which the Secretary sets the amount of the 
        fee or surcharge in accordance with paragraph (3).

    (2)(A) Except as provided in subparagraph (B), if the fee for a 
machine readable combined border crossing card and nonimmigrant visa 
issued under section 101(a)(15)(B) of the Immigration and Nationality 
Act has been reduced under paragraph (1) for a child under 15 years of 
age, the machine readable combined border crossing card and nonimmigrant 
visa shall be issued to expire on the earlier of--
            (i) the date on which the child attains the age of 15; or
            (ii) ten years after its date of issue.

    (B) At the request of the parent or guardian of any alien under 15 
years of age otherwise covered by subparagraph (A), the Secretary of 
State and the Attorney General may charge the non-reduced fee for the 
processing of an application for the issuance of a machine readable 
combined border crossing card and nonimmigrant visa under section 
101(a)(15)(B) of the Immigration and Nationality Act provided that the 
machine readable combined border crossing card and nonimmigrant visa is 
issued to expire as of the same date as is usually provided for visas 
issued under that section.
    (3) Notwithstanding any other provision of law, the Secretary of 
State shall set the amount of the fee or surcharge authorized pursuant 
to section 140(a) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 8 U.S.C. 1351 note) for the 
processing of machine readable nonimmigrant visas and machine readable 
combined border crossing cards and nonimmigrant visas at a level that 
will ensure the full recovery by the Department of State of the costs of 
processing such machine readable nonimmigrant visas and machine readable 
combined border crossing cards and nonimmigrant visas, including the 
costs of processing the machine readable combined border crossing cards 
and nonimmigrant visas for which the fee is reduced pursuant to this 
subsection.
    (b) The Secretary of State shall continue, until the date that is 5 
years after the date of the enactment of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note et seq.), 
to process applications for visas under section 101(a)(15)(B) of the 
Immigration and Nationality Act at the following cities in Mexico 
located near the international border with the United States: Nogales, 
Nuevo Laredo, Ciudad Acuna, Piedras Negras, Agua Prieta, and Reynosa.

[[Page 112 STAT. 2681-104]]

    (c) Section 104(b)(2) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is amended by 
striking ``3 years'' and inserting ``5 years''.
    Sec. 411. Funds appropriated by this Act for the United States 
Information Agency, the Arms Control and Disarmament Agency, and the 
Department of State may be obligated and expended notwithstanding 
section 701 of the United States Information and Educational Exchange 
Act of 1948 and section 313 of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995, section 53 of the Arms Control and 
Disarmament Act, and section 15 of the State Department Basic 
Authorities Act of 1956.

    This title may be cited as the ``Department of State and Related 
Agencies Appropriations Act, 1999''.

                        TITLE V--RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                         Maritime Administration

                        maritime security program

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

                         operations and training

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

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

           administrative provisions--maritime administration

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

[[Page 112 STAT. 2681-105]]

Act, 1936, or otherwise, in excess of the appropriations and limitations 
contained in this Act or in any prior appropriation Act, and all 
receipts which otherwise would be deposited to the credit of said fund 
shall be covered into the Treasury as miscellaneous receipts.

      Commission for the Preservation of America's Heritage Abroad

                          salaries and expenses

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

                       Commission on Civil Rights

                          salaries and expenses

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

            Commission on Security and Cooperation In Europe

                          salaries and expenses

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

                 Equal Employment Opportunity Commission

                          salaries and expenses

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

[[Page 112 STAT. 2681-106]]

                    Federal Communications Commission

                          salaries and expenses

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

                       Federal Maritime Commission

                          salaries and expenses

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

                        Federal Trade Commission

                          salaries and expenses

    For necessary expenses of the Federal Trade Commission, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles; and not to exceed $2,000 for official reception and 
representation expenses, $86,679,000: Provided, That not to exceed 
$300,000 shall be available for use to contract with a person or persons 
for collection services in accordance with the terms of 31 U.S.C. 3718, 
as amended: Provided further, That, notwithstanding any other provision 
of law, not to exceed $76,500,000 of offsetting collections derived from 
fees collected for premerger notification filings under the Hart-Scott-
Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be 
retained and used for necessary expenses in this appropriation, and 
shall remain available until expended: Provided further, That the sum 
herein appropriated from the General Fund shall be reduced as such

[[Page 112 STAT. 2681-107]]

offsetting collections are received during fiscal year 1999, so as to 
result in a final fiscal year 1999 appropriation from the General Fund 
estimated at not more than $10,179,000, to remain available until 
expended: Provided further, That none of the funds made available to the 
Federal Trade Commission shall be available for obligation for expenses 
authorized by section 151 of the Federal Deposit Insurance Corporation 
Improvement Act of 1991 (Public Law 102-242, 105 Stat. 2282-2285).

                       Legal Services Corporation

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

          administrative provision--legal services corporation

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

                        Marine Mammal Commission

                          salaries and expenses

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

                       Commission on Ocean Policy

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

                   Securities and Exchange Commission

                          salaries and expenses

    For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,000 for official

[[Page 112 STAT. 2681-108]]

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

                      Small Business Administration

    For necessary expenses, not otherwise provided for, of the Small 
Business Administration as authorized by Public Law 103-403, including 
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
1344, and not to exceed $3,500 for official reception and representation 
expenses, $288,300,000, of which: $3,500,000 shall be available for a 
grant to the NTTC at Wheeling Jesuit University to continue the outreach 
program to assist small business development; $4,000,000 shall be 
available for a grant for Western Carolina University to develop a 
facility to assist in small business and rural economic development; 
$2,000,000 shall be available for a grant for the City of Hazard, 
Kentucky for a Center for Rural Law Enforcement Technology and Training; 
$1,500,000 shall be available for a grant to the State University of New 
York to develop a facility and operate the Institute of Entrepreneurship 
for small business and workforce development; $1,500,000 shall be 
available for a grant for Pikeville College for a telemedicine learning 
and resource center; $1,000,000 shall be available for a grant for the 
Center for Excellence in Marine Science Education at Southampton 
College; $1,000,000 shall be for a grant to King's College in Wilkes-
Barre, Pennsylvania, for the commercialization of pulverization 
technologies; $850,000 shall be available for a grant for the Carbondale 
Technology Transfer Center in Lackawanna County, Pennsylvania; 
$1,000,000 shall be available for a grant for the Institute for Software 
Research in Fairmont, West Virginia, for Institute operations and to 
further develop their capability to perform basic and applied research 
aimed at software engineering, biometrics, image processing and 
networks; $500,000 shall be available for a grant for the Altoona 
Science and Technology Research Academy in Altoona, Pennsylvania; 
$200,000 shall be available for a grant to the City of Prestonburg, 
Kentucky for a regional

[[Page 112 STAT. 2681-109]]

arts and tourism center; $300,000 shall be available for a grant for the 
City of Parkersburg, West Virginia for infrastructure improvements, 
facility upgrades, and property acquisition associated with community 
non-profit service and enrichment projects; $200,000 shall be available 
for a grant for the Vandalia Heritage Foundation to fulfill its charter 
purposes; $1,000,000 shall be available for a grant for the Moundsville 
Economic Development Council to work in conjunction with the Office of 
Law Enforcement Technology Commercialization for the establishment of 
the National Corrections and Law Enforcement Training and Technology 
Center, and for infrastructure improvements associated with this 
initiative; and $250,000 shall be available for a grant for
the Johnstown Area Regional Industries Defense Procurement Center to 
establish a Year 2000 challenge grant program to assist small businesses 
that rely heavily on the Federal Government's acquisition system for 
their livelihood, and help provide a solution to the Year 2000 computer 
problem: Provided, That the Administrator is authorized to charge fees 
to cover the cost of publications developed by the Small Business 
Administration, and certain loan servicing activities: Provided further, 
That, notwithstanding 31 U.S.C. 3302, revenues received from all such 
activities shall be credited to this account, to be available for 
carrying out these purposes without further appropriations: Provided 
further, That $82,000,000 shall be available to fund grants for 
performance in fiscal year 1999 or fiscal year 2000 as authorized by 
section 21 of the Small Business Act, as amended.

                       office of inspector general

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

                     business loans program account

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

[[Page 112 STAT. 2681-110]]

transferred to and merged with the appropriations for Salaries and 
Expenses.

                     disaster loans program account

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

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

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

                         State Justice Institute

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

                      TITLE VI--GENERAL PROVISIONS

    Sec. 601. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 602. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 603. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such expenditures 
are a matter of public record and available

[[Page 112 STAT. 2681-111]]

for public inspection, except where otherwise provided under existing 
law, or under existing Executive order issued pursuant to existing law.
    Sec. 604. If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the Act and the application of each provision to persons or 
circumstances other than those as to which it is held invalid shall not 
be affected thereby.
    Sec. 605. (a) None of the funds provided under this Act, or provided 
under previous appropriations Acts to the agencies funded by this Act 
that remain available for obligation or expenditure in fiscal year 1999, 
or provided from any accounts in the Treasury of the United States 
derived by the collection of fees available to the agencies funded by 
this Act, shall be available for obligation or expenditure through a 
reprogramming of funds which: (1) creates new programs; (2) eliminates a 
program, project, or activity; (3) increases funds or personnel by any 
means for any project or activity for which funds have been denied or 
restricted; (4) relocates an office or employees; (5) reorganizes 
offices, programs, or activities; or (6) contracts out or privatizes any 
functions, or activities presently performed by Federal employees; 
unless the Appropriations Committees of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.
     (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 1999, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, whichever is less, that: (1) augments existing 
programs, projects, or activities; (2) reduces by 10 percent funding for 
any existing program, project, or activity, or numbers of personnel by 
10 percent as approved by Congress; or (3) results from any general 
savings from a reduction in personnel which would result in a change in 
existing programs, activities, or projects as approved by Congress; 
unless the Appropriations Committees of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.
    Sec. 606. None of the funds made available in this Act may be used 
for the construction, repair (other than emergency repair), overhaul, 
conversion, or modernization
 of vessels for the National Oceanic and Atmospheric Administration in 
shipyards located outside of the United States.

    Sec. 607. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any

[[Page 112 STAT. 2681-112]]

inscription with the same meaning, to any product sold in or shipped to 
the United States that is not made in the United States, the person 
shall be ineligible to receive any contract or subcontract made with 
funds made available in this Act, pursuant to the debarment, suspension, 
and ineligibility procedures described in sections 9.400 through 9.409 
of title 48, Code of Federal Regulations.
    Sec. 608. None of the funds made available in this Act may be used 
to implement, administer, or enforce any guidelines of the Equal 
Employment Opportunity Commission covering harassment based on religion, 
when it is made known to the Federal entity or official to which such 
funds are made available that such guidelines do not differ in any 
respect from the proposed guidelines published by the Commission on 
October 1, 1993 (58 Fed. Reg. 51266).
    Sec. 609. None of the funds appropriated or otherwise made available 
by this Act may be obligated or expended to pay for any cost incurred 
for: (1) opening or operating any United States diplomatic or consular 
post in the Socialist Republic of Vietnam that was not operating on July 
11, 1995; (2) expanding any United States diplomatic or consular post in 
the Socialist Republic of Vietnam that was operating on July 11, 1995; 
or (3) increasing the total number of personnel assigned to United 
States diplomatic or consular posts in the Socialist Republic of Vietnam 
above the levels existing on July 11, 1995; unless the President 
certifies within 60 days the following:
            (A) Based upon all information available to the United 
        States Government, the Government of the Socialist Republic of 
        Vietnam is fully cooperating in good faith with the United 
        States in the following:
                    (i) Resolving discrepancy cases, live sightings, and 
                field activities.
                    (ii) Recovering and repatriating American remains.
                    (iii) Accelerating efforts to provide documents that 
                will help lead to fullest possible accounting of 
                prisoners of war and missing in action.
                    (iv) Providing further assistance in implementing 
                trilateral investigations with Laos.
            (B) The remains, artifacts, eyewitness accounts, archival 
        material, and other evidence associated with prisoners of war 
        and missing in action recovered from crash sites, military 
        actions, and other locations in Southeast Asia are being 
        thoroughly analyzed by the appropriate laboratories with the 
        intent of providing surviving relatives with scientifically 
        defensible, legal determinations of death or other 
        accountability that are fully documented and available in 
        unclassified and unredacted form to immediate family members.

    Sec. 610. None of the funds made available by this Act may be used 
for any United Nations undertaking when it is made known to the Federal 
official having authority to obligate or expend such funds: (1) that the 
United Nations undertaking is a peacekeeping mission; (2) that such 
undertaking will involve United States Armed Forces under the command or 
operational control of a foreign national; and (3) that the President's 
military advisors have not submitted to the President a recommendation 
that such involvement is in the national security interests of the 
United States and the President has not submitted to the Congress such a 
recommendation.

[[Page 112 STAT. 2681-113]]

    Sec. 611. None of the funds made available in this Act shall be used 
to provide the following amenities or personal comforts in the Federal 
prison system--
            (1) in-cell television viewing except for prisoners who are 
        segregated from the general prison population for their own 
        safety;
            (2) the viewing of R, X, and NC-17 rated movies, through 
        whatever medium presented;
            (3) any instruction (live or through broadcasts) or training 
        equipment for boxing, wrestling, judo, karate, or other martial 
        art, or any bodybuilding or weightlifting equipment of any sort;
            (4) possession of in-cell coffee pots, hot plates or heating 
        elements; or
            (5) the use or possession of any electric or electronic 
        musical instrument.

    Sec. 612. None of the funds made available in title II for the 
National Oceanic and Atmospheric Administration (NOAA) under the 
headings ``Operations, Research, and Facilities'' and ``Procurement, 
Acquisition and Construction'' may be used to implement sections 603, 
604, and 605 of Public Law 102-567: Provided, That NOAA may develop a 
modernization plan for its fisheries research vessels that takes fully 
into account opportunities for contracting for fisheries surveys.
    Sec. 613. Any costs incurred by a department or agency funded under 
this Act resulting from personnel actions taken in response to funding 
reductions included in this Act shall be absorbed within the total 
budgetary resources available to such department or agency: Provided, 
That the authority to transfer funds between appropriations accounts as 
may be necessary to carry out this section is provided in addition to 
authorities included elsewhere in this Act: Provided further, That use 
of funds to carry out this section shall be treated as a reprogramming 
of funds under section 605 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section.
    Sec. 614. None of the funds made available in this Act to the 
Federal Bureau of Prisons may be used to distribute or make available 
any commercially published information or material to a prisoner when it 
is made known to the Federal official having authority to obligate or 
expend such funds that such information or material is sexually explicit 
or features nudity.
    Sec. 615. Of the funds appropriated in this Act under the heading 
``Office of Justice Programs--State and Local Law Enforcement 
Assistance'', not more than 90 percent of the amount to be awarded to an 
entity under the Local Law Enforcement Block Grant shall be made 
available to such an entity when it is made known to the Federal 
official having authority to obligate or expend such funds that the 
entity that employs a public safety officer (as such term is defined in 
section 1204 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968) does not provide such a public safety officer who retires 
or is separated from service due to injury suffered as the direct and 
proximate result of a personal injury sustained in the line of duty 
while responding to an emergency situation or a hot pursuit (as such 
terms are defined by State law) with the same or better level of health

[[Page 112 STAT. 2681-114]]

insurance benefits at the time of retirement or separation as they 
received while on duty.
    Sec. 616. (a) None of the funds appropriated or otherwise made 
available in this Act shall be used to issue visas to any person who--
            (1) has been credibly alleged to have ordered, carried out, 
        or materially assisted in the extrajudicial and political 
        killings of Antoine Izmery, Guy Malary, Father Jean-Marie 
        Vincent, Pastor Antoine Leroy, Jacques Fleurival, Mireille 
        Durocher Bertin, Eugene Baillergeau, Michelange Hermann, Max 
        Mayard, Romulus Dumarsais, Claude Yves Marie, Mario Beaubrun, 
        Leslie Grimar, Joseph Chilove, Michel Gonzalez, and Jean-Hubert 
        Feuille;
            (2) has been included in the list presented to former 
        President Jean-Bertrand Aristide by former National Security 
        Council Advisor Anthony Lake in December 1995, and acted upon by 
        President Rene Preval;
            (3) was sought for an interview by the Federal Bureau of 
        Investigation as part of its inquiry into the March 28, 1995, 
        murder of Mireille Durocher Bertin and Eugene Baillergeau, Jr., 
        and was credibly alleged to have ordered, carried out, or 
        materially assisted in those murders, per a June 28, 1995, 
        letter to the then Minister of Justice of the Government of 
        Haiti, Jean-Joseph Exume;
            (4) was a member of the Haitian High Command during the 
        period 1991 through 1994, and has been credibly alleged to have 
        planned, ordered, or participated with members of the Haitian 
        Armed Forces in--
                    (A) the September 1991 coup against any person who 
                was a duly elected government official of Haiti (or a 
                member of the family of such official), or
                    (B) the murders of thousands of Haitians during the 
                period 1991 through 1994; or
            (5) has been credibly alleged to have been a member of the 
        paramilitary organization known as FRAPH who planned, ordered, 
        or participated in acts of violence against the Haitian people.

    (b) Exemption.--Subsection (a) shall not apply if the Secretary of 
State finds, on a case-by-case basis, that the entry into the United 
States of a person who would otherwise be excluded under this section is 
necessary for medical reasons or such person has cooperated fully with 
the investigation of these political murders. If the Secretary of State 
exempts any such person, the Secretary shall notify the appropriate 
congressional committees in writing.
    (c) Reporting Requirement.--(1) The United States chief of mission 
in Haiti shall provide the Secretary of State a list of those who have 
been credibly alleged to have ordered or carried out the extrajudicial 
and political killings mentioned in paragraph (1) of subsection (a).
    (2) The Secretary of State shall submit the list provided under 
paragraph (1) to the appropriate congressional committees not later than 
3 months after the date of enactment of this Act.
    (3) The Secretary of State shall submit to the appropriate 
congressional committees a list of aliens denied visas, and the Attorney 
General shall submit to the appropriate congressional committees a list 
of aliens refused entry to the United States as a result of this 
provision.

[[Page 112 STAT. 2681-115]]

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

     (b) Any fishing permit or authorization issued or renewed prior to 
the date of the enactment of this Act for a fishing vessel to which the 
prohibition in subsection (a)(1) applies that would allow such vessel to 
engage in fishing for Atlantic mackerel or herring (or both) during 
fiscal year 1999 shall be null and void, and none of the funds made 
available in this Act may be used to issue a fishing permit or 
authorization that would allow a vessel whose permit or authorization 
was made null and void pursuant to this subsection to engage in the 
catching, taking, or harvesting of fish in any other fishery within the 
exclusive economic zone of the United States.
    Sec. 618. None of the funds provided by this Act shall be available 
to promote the sale or export of tobacco or tobacco products, or to seek 
the reduction or removal by any foreign country of restrictions on the 
marketing of tobacco or tobacco products, except for restrictions which 
are not applied equally to all tobacco or tobacco products of the same 
type.
    Sec. 619. None of the funds made available in this Act may be used 
to pay the expenses of an election officer appointed by a court to 
oversee an election of any officer or trustee for the International 
Brotherhood of Teamsters.
    Sec. 620. Section 1303 of the International Security and Development 
Corporation Act of 1985 (16 U.S.C. 469j) is amended in subsection (e), 
by striking ``three'' and inserting ``six''.

[[Page 112 STAT. 2681-116]]

    Sec. 621. None of the funds appropriated pursuant to this Act or any 
other provision of law may be used for (1) the implementation of any tax 
or fee in connection with the implementation of 18 U.S.C. 922(t); (2) 
any system to implement 18 U.S.C. 922(t) that does not require and 
result in the destruction of any identifying information submitted by or 
on behalf of any person who has been determined not to be prohibited 
from owning a firearm.
    Sec. 622. Not later than 60 days after the date of enactment of this 
Act, the United States Trade Representative (in this section referred to 
as the ``Trade Representative'') shall report to Congress on the Trade 
Representative's analysis regarding--
            (1) whether the Korean Government provided subsidies to 
        Hanbo Steel;
            (2) whether such subsidies had an adverse effect on United 
        States companies;
            (3) the status of the Trade Representative's contacts with 
        the Korean Government with respect to industry concerns 
        regarding Hanbo Steel and efforts to eliminate subsidies; and
            (4) the status of the Trade Representative's contacts with 
        other Asian trading partners regarding the adverse effect of 
        Korean steel subsidies on such trading partners.

    (b) The report described in subsection (a) shall also include 
information on the status of any investigations initiated as a result of 
press reports that the Korean Government ordered Pohang Iron and Steel 
Company, in which the Government owns a controlling interest, to sell 
steel in Korea at a price that is 30 percent lower than the 
international market prices.
    Sec. 623. None of the funds made available in this or any other Act 
may be used to implement, administer, or enforce Executive Order No. 
13083 (titled ``Federalism'' and dated May 14, 1998).
    Sec. 624. (a) Section 118 of title 28, United States Code, is 
amended--
            (1) in subsection (a) by striking ``Philadelphia, and 
        Schuylkill'' and inserting ``and Philadelphia''; and
            (2) in subsection (b) by inserting ``Schuylkill,'' after 
        ``Potter,''.

     <<NOTE: Effective date. 28 USC 118 note.>> (b)(1) This section and 
the amendments made by this section shall take effect 180 days after the 
date of the enactment of this Act.

    (2) This section and the amendments made by this section shall not 
affect any action commenced before the effective date of this section 
and pending on such date in the United States District Court for the 
Eastern District of Pennsylvania.
    (3) This section and the amendments made by this section shall not 
affect the composition, or preclude the service, of any grand or petit 
jury summoned, impaneled, or actually serving on the effective date of 
this section.
    Sec. 625. Beginning 60 days from the date of enactment of this Act, 
none of the funds appropriated or otherwise made available by this Act 
may be made available for the participation by delegates of the United 
States to the Standing Consultative Commission unless the President 
certifies and so reports to the Committees on Appropriations that the 
United States Government is not implementing the Memorandum of 
Understanding Relating to the Treaty Between the United States of 
America and the Union of Soviet Socialist Republics on the limitation of 
Anti-Ballistic Missile

[[Page 112 STAT. 2681-117]]

Systems of May 26, 1972, entered into in New York on September 26, 1997, 
by the United States, Russia, Kazakhstan, Belarus, and Ukraine, or until 
the Senate provides its advice and consent to the Memorandum of 
                             Understanding.

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

                         TITLE VII--RESCISSIONS

                          DEPARTMENT OF JUSTICE

                         General Administration

                          working capital fund

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

                            Legal Activities

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

                     Federal Bureau of Investigation

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

[[Page 112 STAT. 2681-118]]

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

                 Immigration and Naturalization Service

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

                         DEPARTMENT OF COMMERCE

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

             National Institute of Standards and Technology

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

                      DEPARTMENT OF TRANSPORTATION

                         Maritime Administration

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

                               TITLE VIII

SEC. 801. ETHICAL STANDARDS FOR FEDERAL PROSECUTORS.

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

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

    ``(a) An attorney for the Government shall be subject to State laws 
and rules, and local Federal court rules, governing attorneys in each 
State where such attorney engages in that attorney's duties, to the same 
extent and in the same manner as other attorneys in that State.
    ``(b) The Attorney General shall make and amend rules of the 
Department of Justice to assure compliance with this section.
    ``(c) As used in this section, the term `attorney for the 
Government' includes any attorney described in section 77.2(a) of part

[[Page 112 STAT. 2681-119]]

77 of title 28 of the Code of Federal Regulations and also includes any 
independent counsel, or employee of such a counsel, appointed under 
chapter 40.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 31 of title 28, United States Code, is amended by adding at the 
end the following new item:

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

     <<NOTE: 28 USC 530B note.>> (c) Effective Date.--The amendments 
made by this section shall take effect 180 days after the date of the 
enactment of this Act and shall apply during that portion of fiscal year 
1999 that follows that taking effect, and in each succeeding fiscal 
year.

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

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

[[Page 112 STAT. 2681-120]]

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

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

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

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

[[Page 112 STAT. 2681-121]]

            ``(B) most warrant, and are most likely to benefit from, 
        research management, or educational activities that may be 
        funded with amounts made available from the fund.

    ``(g) In carrying out any action on the part of the Foundation under 
subsection (f), the Directors of the Board shall consult with the 
Administrator of the National Oceanic and Atmospheric Administration and 
the Marine Mammal Commission.''.
    This Act may be cited as the ``Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations Act, 1999''.
    (c) For programs, projects or activities in the District of Columbia 
Appropriations Act, 1999, provided as follows, to be effective as if it 
had been enacted into law as the regular appropriations Act:

                              FEDERAL FUNDS

                  Metrorail Improvements and Expansion

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

                  Federal Payment for Management Reform

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

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

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

[[Page 112 STAT. 2681-122]]

                  Nation's Capital Infrastructure Fund

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

   Environmental Study and Related Activities at Lorton Correctional 
                                 Complex

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

    Federal Payment to the District of Columbia Corrections Trustee 
                               Operations

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

           Federal Payment to the District of Columbia Courts

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

[[Page 112 STAT. 2681-123]]

shall be to carry out sections 2602 and 2604 of title 11, D.C. Code, 
relating to representation of indigents in criminal cases under the 
Criminal Justice Act, in total, $31,936,000: Provided further, That 
subject to normal reprogramming requirements contained in section 116 of 
this Act, this $31,936,000 may be used for other purposes under this 
heading: Provided further, That all amounts under this heading shall be 
paid quarterly by the Treasury of the United States based on quarterly 
apportionments approved by the Office of Management and Budget, with 
payroll and financial services to be provided on a contractual basis 
with the General Services Administration [GSA], said services to include 
the preparation of monthly financial reports, copies of which shall be 
submitted directly by GSA to the President and to the Committees on 
Appropriations of the Senate and House of Representatives, the Committee 
on Governmental Affairs of the Senate, and the Committee on Government 
Reform and Oversight of the House of Representatives.

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

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

           Federal Payment for Metropolitan Police Department

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

                   Federal Payment for Fire Department

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

         Federal Payment to the Georgetown Waterfront Park Fund

    For payment to the Georgetown Waterfront Park Fund, $1,000,000 for 
the construction and landscaping of Georgetown Waterfront Park, property 
described on the District of Columbia Surveyor's Plat Number S.O. 84-
230: Provided, That the Georgetown Waterfront Park Fund provide an 
amount equal to one dollar

[[Page 112 STAT. 2681-124]]

for every dollar expended, in cash or in kind, to carry out the 
activities supported by the grant.

          Federal Payment to Historical Society for City Museum

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

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

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

                        United States Park Police

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

               Federal Payment for Waterfront Improvements

    For a Federal payment to the District of Columbia Department of 
Housing and Community Development for a study in consultation

[[Page 112 STAT. 2681-125]]

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

                 Federal Payment for Mentoring Services

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

                  Federal Payment for Hotline Services

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

                  Federal Payment for Public Education

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

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

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

         Federal Payment for Children's National Medical Center

    For a Federal contribution to the Children's National Medical Center 
in the District of Columbia, $1,000,000 for construction,

[[Page 112 STAT. 2681-126]]

renovation, and information technology infrastructure costs associated 
with establishing community pediatric health clinics for high risk 
children in medically underserved areas of the District of Columbia.

                       DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          Division of Expenses

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

                   Governmental Direction and Support

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

                   Economic Development and Regulation

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

                        Public Safety and Justice

    Public safety and justice, including purchase or lease of 135 
passenger-carrying vehicles for replacement only, including 130 for 
police-type use and five for fire-type use, without regard to the 
general purchase price limitation for the current fiscal year, 
$755,786,000 (including $530,945,000 from local funds, $30,327,000 from 
Federal funds, and $194,514,000 from other funds): Provided,

[[Page 112 STAT. 2681-127]]

That the Metropolitan Police Department is authorized to replace not to 
exceed 25 passenger-carrying vehicles and the Department of Fire and 
Emergency Medical Services of the District of Columbia is authorized to 
replace not to exceed five passenger-carrying vehicles annually whenever 
the cost of repair to any damaged vehicle exceeds
three-fourths of the cost of the replacement: Provided further, That not 
to exceed $500,000 shall be available from this appropriation for the 
Chief of Police for the prevention and detection of crime: Provided 
further, That the Metropolitan Police Department shall provide quarterly 
reports to the Committees on Appropriations of the House and Senate on 
efforts to increase efficiency and improve the professionalism in the 
department: Provided further, That notwithstanding any other provision 
of law, or Mayor's Order 86-45, issued March 18, 1986, the Metropolitan 
Police Department's delegated small purchase authority shall be 
$500,000: Provided further, That the District of Columbia government may 
not require the Metropolitan Police Department to submit to any other 
procurement review process, or to obtain the approval of or be 
restricted in any manner by any official or employee of the District of 
Columbia government, for purchases that do not exceed $500,000: Provided 
further, That the Mayor shall reimburse the District of Columbia 
National Guard for expenses incurred in connection with services that 
are performed in emergencies by the National Guard in a militia status 
and are requested by the Mayor, in amounts that shall be jointly 
determined and certified as due and payable for these services by the 
Mayor and the Commanding General of the District of Columbia National 
Guard: Provided further, That such sums as may be necessary for 
reimbursement to the District of Columbia National Guard under the 
preceding proviso shall be available from this appropriation, and the 
availability of the sums shall be deemed as constituting payment in 
advance for emergency services involved: Provided further, That the 
Metropolitan Police Department is authorized to maintain 3,800 sworn 
officers, with leave for a 50 officer attrition: Provided further, That 
no more than 15 members of the Metropolitan Police Department shall be 
detailed or assigned to the Executive Protection Unit, until the Chief 
of Police submits a recommendation to the Council for its review: 
Provided further, That $100,000 shall be available for inmates released 
on medical and geriatric parole: Provided further, That commencing on 
December 31, 1998, the Metropolitan Police Department shall provide to 
the Committees on Appropriations of the Senate and House of 
Representatives, the Committee on Governmental Affairs of the Senate, 
and the Committee on Government Reform and Oversight of the House of 
Representatives, quarterly reports on the status of crime reduction in 
each of the 83 police service areas established throughout the District 
of Columbia: Provided further, That funds appropriated for expenses 
under the District of Columbia Criminal Justice Act, approved September 
3, 1974 (88 Stat. 1090; Public Law 93-412; D.C. Code, sec. 11-2601 et 
seq.), for the fiscal year ending September 30, 1999, shall be available 
for obligations incurred under the Act in each fiscal year since 
inception in the fiscal year 1975: Provided further, That funds 
appropriated for expenses under the District of Columbia Neglect 
Representation Equity Act of 1984, effective March 13, 1985 (D.C. Law 5-
129; D.C. Code, sec. 16-2304), for the fiscal year ending September 30, 
1999, shall be available for obligations incurred under the Act in each 
fiscal year

[[Page 112 STAT. 2681-128]]

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

                         Public Education System

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

[[Page 112 STAT. 2681-129]]

administrator, official, or employee who knowingly provides false 
enrollment or attendance information under article II, section 5 of the 
Act entitled ``An Act to provide for compulsory school attendance, for 
the taking of a school census in the District of Columbia, and for other 
purposes'', approved February 4, 1925 (D.C. Code, sec. 31-401 et seq.): 
Provided further, That this appropriation shall not be available to 
subsidize the education of any nonresident of the District of Columbia 
at any District of Columbia public elementary or secondary school during 
fiscal year 1999 unless the nonresident pays tuition to the District of 
Columbia at a rate that covers 100 percent of the costs incurred by the 
District of Columbia which are attributable to the education of the 
nonresident (as established by the Superintendent of the District of 
Columbia Public Schools): Provided further, That this appropriation 
shall not be available to subsidize the education of nonresidents of the 
District of Columbia at the University of the District of Columbia, 
unless the Board of Trustees of the University of the District of 
Columbia adopts, for the fiscal year ending September 30, 1999, a 
tuition rate schedule that will establish the tuition rate for 
nonresident students at a level no lower than the nonresident tuition 
rate charged at comparable public institutions of higher education in 
the metropolitan area.

                         Human Support Services

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

                              Public Works

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

           Washington Convention Center Fund Transfer Payment

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

[[Page 112 STAT. 2681-130]]

                     Repayment of Loans and Interest

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

                 Repayment of General Fund Recovery Debt

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

               Payment of Interest on Short-Term Borrowing

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

                      Certificates of Participation

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

                       Human Resources Development

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

                          Productivity Savings

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

[[Page 112 STAT. 2681-131]]

                          Receivership Programs

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

District of Columbia Financial Responsibility and Management Assistance 
                                Authority

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

                            ENTERPRISE FUNDS

          Water and Sewer Authority and the Washington Aqueduct

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

              Lottery and Charitable Games Enterprise Fund

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

[[Page 112 STAT. 2681-132]]

                    Cable Television Enterprise Fund

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

                        Public Service Commission

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

                     Office of the People's Counsel

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

            Department of Insurance and Securities Regulation

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

              Office of Banking and Financial Institutions

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

                              Starplex Fund

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

                          D.C. General Hospital

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

                          D.C. Retirement Board

    For the D.C. Retirement Board, established by section 121 of the 
District of Columbia Retirement Reform Act of 1979, approved November 
17, 1979 (93 Stat. 866; D.C. Code, sec. 1-711), $18,202,000 from the 
earnings of the applicable retirement funds to pay legal, management, 
investment, and other fees and administrative expenses of the District 
of Columbia Retirement Board:

[[Page 112 STAT. 2681-133]]

Provided, That the District of Columbia Retirement Board shall provide 
to the Congress and to the Council of the District of Columbia a 
quarterly report of the allocations of charges by fund and of 
expenditures of all funds: Provided further, That the District of 
Columbia Retirement Board shall provide the Mayor, for transmittal to 
the Council of the District of Columbia, an itemized accounting of the 
planned use of appropriated funds in time for each annual budget 
submission and the actual use of such funds in time for each annual 
audited financial report.

                      Correctional Industries Fund

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

              Washington Convention Center Enterprise Fund

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

                                PERSONNEL

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

                             Capital Outlay

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

[[Page 112 STAT. 2681-134]]

                           General Provisions

    Sec. 101. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such expenditures 
are a matter of public record and available for public inspection, 
except where otherwise provided under existing law, or under existing 
Executive order issued pursuant to existing law.
    Sec. 102. Except as otherwise provided in this Act, all vouchers 
covering expenditures of appropriations contained in this Act shall be 
audited before payment by the designated certifying official, and the 
vouchers as approved shall be paid by checks issued by the designated 
disbursing official.
    Sec. 103. Whenever in this Act, an amount is specified within an 
appropriation for particular purposes or objects of expenditure, such 
amount, unless otherwise specified, shall be considered as the maximum 
amount that may be expended for said purpose or object rather than an 
amount set apart exclusively therefor.
    Sec. 104. Appropriations in this Act shall be available, when 
authorized by the Mayor, for allowances for privately owned automobiles 
and motorcycles used for the performance of official duties at rates 
established by the Mayor: Provided, That such rates shall not exceed the 
maximum prevailing rates for such vehicles as prescribed in the Federal 
Property Management Regulations 101-7 (Federal Travel Regulations).
    Sec. 105. Appropriations in this Act shall be available for expenses 
of travel and for the payment of dues of organizations concerned with 
the work of the District of Columbia government, when authorized by the 
Mayor: Provided, That, in the case of the Council of the District of 
Columbia, funds may be expended with the authorization of the chair of 
the Council.
    Sec. 106. There are appropriated from the applicable funds of the 
District of Columbia such sums as may be necessary for making refunds 
and for the payment of judgments that have been entered against the 
District of Columbia government: Provided, That nothing contained in 
this section shall be construed as modifying or affecting the provisions 
of section 11(c)(3) of title XII of the District of Columbia Income and 
Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat. 78; Public 
Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
    Sec. 107. Appropriations in this Act shall be available for the 
payment of public assistance without reference to the requirement of 
section 544 of the District of Columbia Public Assistance Act of 1982, 
effective April 6, 1982 (D.C. Law 4-101; D.C. Code, sec. 3-205.44), and 
for payment of the non-Federal share of funds necessary to qualify for 
grants under subtitle A of title II of the Violent Crime Control and Law 
Enforcement Act of 1994.
    Sec. 108. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.

    Sec. 109. No funds appropriated in this Act for the District of 
Columbia government for the operation of educational institutions, the 
compensation of personnel, or for other educational purposes may be used 
to permit, encourage, facilitate, or further partisan political 
activities. Nothing herein is intended to prohibit

[[Page 112 STAT. 2681-135]]

the availability of school buildings for the use of any community or 
partisan political group during non-school hours.
    Sec. 110. None of the funds appropriated in this Act shall be made 
available to pay the salary of any employee of the District of Columbia 
government whose name, title, grade, salary, past work experience, and 
salary history are not available for inspection by the House and Senate 
Committees on Appropriations, the Subcommittee on the District of 
Columbia of the House Committee on Government Reform and Oversight, the 
Subcommittee on Oversight of Government Management, Restructuring and 
the District of Columbia of the Senate Committee on Governmental 
Affairs, and the Council of the District of Columbia, or their duly 
authorized representative.
    Sec. 111. There are appropriated from the applicable funds of the 
District of Columbia such sums as may be necessary for making payments 
authorized by the District of Columbia Revenue Recovery Act of 1977, 
effective September 23, 1977 (D.C. Law 2-20; D.C. Code, sec. 47-421 et 
seq.).
    Sec. 112. No part of this appropriation shall be used for publicity 
or propaganda purposes or implementation of any policy including boycott 
designed to support or defeat legislation pending before Congress or any 
State legislature.
    Sec. 113. At the start of the fiscal year, the Mayor shall develop 
an annual plan, by quarter and by project, for capital outlay 
borrowings: Provided, That within a reasonable time after the close of 
each quarter, the Mayor shall report to the Council of the District of 
Columbia and the Congress the actual borrowings and spending progress 
compared with projections.
    Sec. 114. The Mayor shall not borrow any funds for capital projects 
unless the Mayor has obtained prior approval from the Council of the 
District of Columbia, by resolution, identifying the projects and 
amounts to be financed with such borrowings.
    Sec. 115. The Mayor shall not expend any moneys borrowed for capital 
projects for the operating expenses of the District of Columbia 
government.
    Sec. 116. None of the funds provided under this Act to the agencies 
funded by this Act, both Federal and District government agencies, that 
remain available for obligation or expenditure in fiscal year 1999, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for an agency through a 
reprogramming of funds which: (1) creates new programs; (2) eliminates a 
program, project, or activity; (3) establishes or changes allocations 
specifically denied, limited or increased by Congress in the Act; (4) 
increases funds or personnel by any means for any project or activity 
for which funds have been denied or restricted; (5) reestablishes 
through reprogramming any program or project previously deferred through 
reprogramming; (6) augments existing programs, projects, or activities 
through a reprogramming of funds in excess of $1,000,000 or 10 percent, 
whichever is less; or (7) increases by 20 percent or more personnel 
assigned to a specific program, project or activity; unless the 
Appropriations Committees of both the Senate and House of 
Representatives are notified in writing thirty days in advance of any 
reprogramming as set forth in this section.
    Sec. 117. None of the Federal funds provided in this Act shall be 
obligated or expended to provide a personal cook, chauffeur,

[[Page 112 STAT. 2681-136]]

or other personal servants to any officer or employee of the District of 
Columbia.

    Sec. 118. None of the Federal funds provided in this Act shall be 
obligated or expended to procure passenger automobiles as defined in the 
Automobile Fuel Efficiency Act of 1980, approved October 10, 1980 (94 
Stat. 1824; Public Law 96-425; 15 U.S.C. 2001(2)), with an Environmental 
Protection Agency estimated miles per gallon average of less than 22 
miles per gallon: Provided, That this section shall not apply to 
security, emergency rescue, or armored vehicles.
    Sec. 119. (a) Notwithstanding section 422(7) of the District of 
Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 790; Public 
Law 93-198; D.C. Code, sec. 1-242(7)), the City Administrator shall be 
paid, during any fiscal year, a salary at a rate established by the 
Mayor, not to exceed the rate established for Level IV of the Executive 
Schedule under 5 U.S.C. 5315.
    (b) For purposes of applying any provision of law limiting the 
availability of funds for payment of salary or pay in any fiscal year, 
the highest rate of pay established by the Mayor under subsection (a) of 
this section for any position for any period during the last quarter of 
calendar year 1998 shall be deemed to be the rate of pay payable for 
that position for September 30, 1998.
    (c) Notwithstanding section 4(a) of the District of Columbia 
Redevelopment Act of 1945, approved August 2, 1946 (60 Stat. 793; Public 
Law 79-592; D.C. Code, sec. 5-803(a)), the Board of Directors of the 
District of Columbia Redevelopment Land Agency shall be paid, during any 
fiscal year, per diem compensation at a rate established by the Mayor.
    Sec. 120. Notwithstanding any other provisions of law, the 
provisions of the District of Columbia Government Comprehensive Merit 
Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. 
Code, sec. 1-601.1 et seq.), enacted pursuant to section 422(3) of the 
District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 
790; Public Law 93-198; D.C. Code, sec. 1-242(3)), shall apply with 
respect to the compensation of District of Columbia employees: Provided, 
That for pay purposes, employees of the District of Columbia government 
shall not be subject to the provisions of title 5, United States Code.
    Sec. 121. The Director of the Office of Property Management may pay 
rentals and repair, alter, and improve rented premises, without regard 
to the provisions of section 322 of the Economy Act of 1932 (Public Law 
72-212; 40 U.S.C. 278a), based upon a determination by the Director, 
that by reason of circumstances set forth in such determination, the 
payment of these rents and the execution of this work, without reference 
to the limitations of section 322, is advantageous to the District in 
terms of economy, efficiency, and the District's best interest.
    Sec. 122. No later than 30 days after the end of the first quarter 
of the fiscal year ending September 30, 1999, the Mayor of the District 
of Columbia shall submit to the Council of the District of Columbia the 
new fiscal year 1999 revenue estimates as of the end of the first 
quarter of fiscal year 1999. These estimates shall be used in the budget 
request for the fiscal year ending September 30, 2000. The officially 
revised estimates at midyear shall be used for the midyear report.
    Sec. 123. No sole source contract with the District of Columbia 
government or any agency thereof may be renewed or extended

[[Page 112 STAT. 2681-137]]

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

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

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

[[Page 112 STAT. 2681-138]]

or United States Representative under section 4(d) of the District of 
Columbia Statehood Constitutional Convention Initiatives of 1979, 
effective March 10, 1981 (D.C. Law 3-171; D.C. Code, sec. 1-113(d)).
    Sec. 128. (a) The University of the District of Columbia shall 
submit to the Mayor, the District of Columbia Financial Responsibility 
and Management Assistance Authority (hereafter in this section referred 
to as ``Authority''), and the Council of the District of Columbia 
(hereafter in this section referred to as ``Council'') no later than 15 
calendar days after the end of each month a report that sets forth--
            (1) current month expenditures and obligations, year-to-date 
        expenditures and obligations, and total fiscal year expenditure 
        projections versus budget, broken out on the basis of control 
        center, responsibility center, and object class, and for all 
        funds, non-appropriated funds, and capital financing;
            (2) a list of each account for which spending is frozen and 
        the amount of funds frozen, broken out by control center, 
        responsibility center, detailed object, and for all funding 
        sources;
            (3) a list of all active contracts in excess of $10,000 
        annually, which contains the name of each contractor; the budget 
        to which the contract is charged, broken out on the basis of 
        control center and responsibility center, and contract 
        identifying codes used by the University of the District of 
        Columbia; payments made in the last month and year-to-date, the 
        total amount of the contract and total payments made for the 
        contract and any modifications, extensions, renewals; and 
        specific modifications made to each contract in the last month;
            (4) all reprogramming requests and reports that have been 
        made by the University of the District of Columbia within the 
        last month in compliance with applicable law; and
            (5) changes made in the last month to the organizational 
        structure of the University of the District of Columbia, 
        displaying previous and current control centers and 
        responsibility centers, the names of the organizational entities 
        that have been changed, the name of the staff member supervising 
        each entity affected, and the reasons for the structural change.

    (b) The Mayor, the Authority, and the Council shall provide the 
Congress by February 1, 2000, a summary, analysis, and recommendations 
on the information provided in the monthly reports.
    Sec. 129. Funds authorized or previously appropriated to the 
government of the District of Columbia by this or any other Act to 
procure the necessary hardware and installation of new software, 
conversion, testing, and training to improve or replace its financial 
management system are also available for the acquisition of accounting 
and financial management services and the leasing of necessary hardware, 
software or any other related goods or services, as determined by the 
District of Columbia Financial Responsibility and Management Assistance 
Authority.
    Sec. 130. None of the funds contained in this Act may be made 
available to pay the fees of an attorney who represents a party who 
prevails in an action, including an administrative proceeding, brought 
against the District of Columbia Public Schools under the Individuals 
with Disabilities Education Act (20 U.S.C. 1400 et seq.) if--

[[Page 112 STAT. 2681-139]]

            (1) the hourly rate of compensation of the attorney exceeds 
        the hourly rate of compensation under section 11-2604(a), 
        District of Columbia Code; or
            (2) the maximum amount of compensation of the attorney 
        exceeds the maximum amount of compensation under section 11-
        2604(b)(1), District of Columbia Code, except that compensation 
        and reimbursement in excess of such maximum may be approved for 
        extended or complex representation in accordance with section 
        11-2604(c), District of Columbia Code.

    Sec. 131. <<NOTE: Abortion.>> None of the funds appropriated under 
this Act shall be expended for any abortion except where the life of the 
mother would be endangered if the fetus were carried to term or where 
the pregnancy is the result of an act of rape or incest.

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

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

[[Page 112 STAT. 2681-140]]

        of Columbia Public Schools; payments made in the last month and 
        year-to-date, the total amount of the contract and total 
        payments made for the contract and any modifications, 
        extensions, renewals; and specific modifications made to each 
        contract in the last month;
            (4) all reprogramming requests and reports that are required 
        to be, and have been, submitted to the Board of Education; and
            (5) changes made in the last month to the organizational 
        structure of the D.C. Public Schools, displaying previous and 
        current control centers and responsibility centers, the names of 
        the organizational entities that have been changed, the name of 
        the staff member supervising each entity affected, and the 
        reasons for the structural change.

    Sec. 135. (a) In General.--The Emergency Transitional Education 
Board of Trustees of the District of Columbia and the University of the 
District of Columbia shall annually compile an accurate and verifiable 
report on the positions and employees in the public school system and 
the university, respectively. The annual report shall set forth--
            (1) the number of validated schedule A positions in the 
        District of Columbia public schools and the University of the 
        District of Columbia for fiscal year 1998, fiscal year 1999, and 
        thereafter on full-time equivalent basis, including a 
        compilation of all positions by control center, responsibility 
        center, funding source, position type, position title, pay plan, 
        grade, and annual salary; and
            (2) a compilation of all employees in the District of 
        Columbia public schools and the University of the District of 
        Columbia as of the preceding December 31, verified as to its 
        accuracy in accordance with the functions that each employee 
        actually performs, by control center, responsibility center, 
        agency reporting code, program (including funding source), 
        activity, location for accounting purposes, job title, grade and 
        classification, annual salary, and position control number.

    (b) Submission.--The annual report required by subsection (a) of 
this section shall be submitted to the Congress, the Mayor, the District 
of Columbia Council, the Consensus Commission, and the Authority, not 
later than February 15 of each year.
    Sec. 136. (a) No later than October 1, 1998, or within 30 calendar 
days after the date of the enactment of this Act, whichever occurs 
later, and each succeeding year, the Superintendent of the District of 
Columbia Public Schools and the University of the District of Columbia 
shall submit to the appropriate congressional committees, the Mayor, the 
District of Columbia Council, the Consensus Commission, and the District 
of Columbia Financial Responsibility and Management Assistance 
Authority, a revised appropriated funds operating budget for the public 
school system and the University of the District of Columbia for such 
fiscal year that is in the total amount of the approved appropriation 
and that realigns budgeted data for personal services and other-than-
personal services, respectively, with anticipated actual expenditures.

    (b) The revised budget required by subsection (a) of this section 
shall be submitted in the format of the budget that the Superintendent 
of the District of Columbia Public Schools and the University of the 
District of Columbia submit to the Mayor of the District

[[Page 112 STAT. 2681-141]]

of Columbia for inclusion in the Mayor's budget submission to the 
Council of the District of Columbia pursuant to section 442 of the 
District of Columbia Home Rule Act, Public Law 93-198, as amended (D.C. 
Code, sec. 47-301).
    Sec. 137. The Emergency Transitional Education Board of Trustees, 
the Board of Trustees of the University of the District of Columbia, the 
Board of Library Trustees, and the Board of Governors of the University 
of the District of Columbia School of Law shall vote on and approve 
their respective annual or revised budgets before submission to the 
Mayor of the District of Columbia for inclusion in the Mayor's budget 
submission to the Council of the District of Columbia in accordance with 
section 442 of the District of Columbia Home Rule Act, Public Law 93-
198, as amended (D.C. Code, sec. 47-301), or before submitting their 
respective budgets directly to the Council.
    Sec. 138. (a) Ceiling on Total Operating Expenses.--
            (1) In general.--Notwithstanding any other provision of law, 
        the total amount appropriated in this Act for operating expenses 
        for the District of Columbia for fiscal year 1999 under the 
        caption ``Division of Expenses'' shall not exceed the lesser 
        of--
                    (A) the sum of the total revenues of the District of 
                Columbia for such fiscal year; or
                    (B) $5,211,920,000 (of which $132,912,000 shall be 
                from intra-District funds and $2,865,763,000 shall be 
                from local funds), which amount may be increased by the 
                following:
                          (i) proceeds of one-time transactions, which 
                      are expended for emergency or unanticipated 
                      operating or capital needs approved by the 
                      District of Columbia Financial Responsibility and 
                      Management Assistance Authority; or
                          (ii) after notification to the Council, 
                      additional expenditures which the Chief Financial 
                      Officer of the District of Columbia certifies will 
                      produce additional revenues during such fiscal 
                      year at least equal to 200 percent of such 
                      additional expenditures, and that are approved by 
                      the Authority.
            (2) Enforcement.--The Chief Financial Officer of the 
        District of Columbia and the Authority shall take such steps as 
        are necessary to assure that the District of Columbia meets the 
        requirements of this section, including the apportioning by the 
        Chief Financial Officer of the appropriations and funds made 
        available to the District during fiscal year 1999, except that 
        the Chief Financial Officer may not reprogram for operating 
        expenses any funds derived from bonds, notes, or other 
        obligations issued for capital projects.

    (b) Acceptance and Use of Grants Not Included in Ceiling.--
            (1) In general.--Notwithstanding subsection (a), the Mayor, 
        in consultation with the Chief Financial Officer, during a 
        control year, as defined in section 305(4) of the District of 
        Columbia Financial Responsibility and Management Assistance Act 
        of 1995, approved April 17, 1995 (Public Law 104-8; 109 Stat. 
        152), may accept, obligate, and expend Federal, private, and 
        other grants received by the District government that are not 
        reflected in the amounts appropriated in this Act.

[[Page 112 STAT. 2681-142]]

            (2) Requirement of chief financial officer report and 
        authority approval.--No such Federal, private, or other grant 
        may be accepted, obligated, or expended pursuant to paragraph 
        (1) until--
                    (A) the Chief Financial Officer of the District of 
                Columbia submits to the Authority a report setting forth 
                detailed information regarding such grant; and
                    (B) the Authority has reviewed and approved the 
                acceptance, obligation, and expenditure of such grant in 
                accordance with review and approval procedures 
                consistent with the provisions of the District of 
                Columbia Financial Responsibility and Management 
                Assistance Act of 1995.
            (3) Prohibition on spending in anticipation of approval or 
        receipt.--No amount may be obligated or expended from the 
        general fund or other funds of the District government in 
        anticipation of the approval or receipt of a grant under 
        paragraph (2)(B) of this subsection or in anticipation of the 
        approval or receipt of a Federal, private, or other grant not 
        subject to such paragraph.
            (4) Monthly reports.--The Chief Financial Officer of the 
        District of Columbia shall prepare a monthly report setting 
        forth detailed information regarding all Federal, private, and 
        other grants subject to this subsection. Each such report shall 
        be submitted to the Council of the District of Columbia, and to 
        the Committees on Appropriations of the House of Representatives 
        and the Senate, not later than 15 days after the end of the 
        month covered by the report.

    (c) Report on Expenditures by Financial Responsibility and 
Management Assistance Authority.--Not later than 20 calendar days after 
the end of each fiscal quarter starting October 1, 1998, the Authority 
shall submit a report to the Committees on Appropriations of the House 
of Representatives and the Senate, the Committee on Government Reform 
and Oversight of the House, and the Committee on Governmental Affairs of 
the Senate providing an itemized accounting of all non-appropriated 
funds obligated or expended by the Authority for the quarter. The report 
shall include information on the date, amount, purpose, and vendor name, 
and a description of the services or goods provided with respect to the 
expenditures of such funds.

    (d) Application of Excess Revenues.--Local revenues collected in 
excess of amounts required to support appropriations in this Act for 
operating expenses for the District of Columbia for fiscal year 1999 
under the caption ``Division of Expenses'' shall be applied first to the 
elimination of the general fund accumulated deficit; second to a reserve 
account not to exceed $250,000,000 to be used to finance seasonal cash 
needs (in lieu of short term borrowings); third to accelerate repayment 
of cash borrowed from the Water and Sewer Fund; and fourth to reduce the 
outstanding long-term debt.
    Sec. 139. University of the District of Columbia Investment 
Authority. Section 108(b) of the District of Columbia Public Education 
Act (D.C. Code, sec. 31-1408) is amended by striking the period at the 
end of the sentence and adding the phrase ``, except that the funds 
appropriated in this section also may be invested in equity-based 
securities if approved by the Chief Financial Officer of the District of 
Columbia.''.

[[Page 112 STAT. 2681-143]]

    Sec. 140. If a department or agency of the government of the 
District of Columbia is under the administration of a court-appointed 
receiver or other court-appointed official during fiscal year 1999 or 
any succeeding fiscal year, the receiver or official shall prepare and 
submit to the Mayor, for inclusion in the annual budget of the District 
of Columbia for the year, annual estimates of the expenditures and 
appropriations necessary for the maintenance and operation of the 
department or agency. All such estimates shall be forwarded by the Mayor 
to the Council, for its action pursuant to sections 446 and 603(c) of 
the District of Columbia Home Rule Act, without revision but subject to 
the Mayor's recommendations. Notwithstanding any provision of the 
District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 
790; Public Law 93-198; D.C. Code sec. 1-101 et seq.) the Council may 
comment or make recommendations concerning such annual estimates but 
shall have no authority under such Act to revise such estimates.
    Sec. 141. The District of Columbia Financial Responsibility and 
Management Assistance Authority and the Superintendent of the District 
of Columbia Public Schools are hereby directed to report to the 
Appropriations Committees of the Senate and the House of 
Representatives, the Committee on Governmental Affairs of the Senate, 
and the Committee on Government Reform and Oversight of the House of 
Representatives not later than April 1, 1999, on all measures necessary 
and steps to be taken to ensure that the District's Public Schools open 
on time to begin the 1999-2000 academic year.
    Sec. 142. (a) Notwithstanding any other provision of law, rule, or 
regulation, an employee of the District of Columbia public schools shall 
be--
            (1) classified as an Educational Service employee;
            (2) placed under the personnel authority of the Board of 
        Education; and
            (3) subject to all Board of Education rules.

    (b) School-based personnel shall constitute a separate competitive 
area from nonschool-based personnel who shall not compete with school-
based personnel for retention purposes.
    Sec. 143. (a) Restrictions on Use of Official Vehicles.--(1) Except 
as otherwise provided in this section, none of the funds made available 
by this Act or by any other Act may be used to provide any officer or 
employee of the District of Columbia with an official vehicle unless the 
officer or employee uses the vehicle only in the performance of the 
officer's or employee's official duties. For purposes of this paragraph, 
the term ``official duties'' does not include travel between the 
officer's or employee's residence and workplace (except in the case of 
an officer or employee of the Metropolitan Police Department who resides 
in the District of Columbia or is otherwise designated by the Chief of 
the Department).
    (2) Paragraph (1) shall not apply with respect to any vehicle 
provided to the officer of the Metropolitan Police Department who was 
wounded in the line of duty and who is referred to in the letter of July 
15, 1998, from the Chief of the Department to the Chair of the 
Subcommittee on the District of Columbia of the Committee on 
Appropriations of the House of Representatives. Notwithstanding any 
other provision of law, the Chief may donate the vehicle to such officer 
as a gift on behalf of the District of

[[Page 112 STAT. 2681-144]]

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

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

[[Page 112 STAT. 2681-145]]

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

    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to receive 
any contract or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    Sec. <<NOTE: 36 USC 151106 note.>> 147. Notwithstanding any 
provision of any Federally-granted charter or any other provision of 
law, beginning with fiscal year 1999 and for each fiscal year hereafter, 
the real property of the National Education Association located in the 
District of Columbia shall be subject to taxation by the District of 
Columbia in the same manner as any similar organization.

    Sec. 148. None of the funds contained in this Act may be used for 
purposes of the annual independent audit of the District of Columbia 
government (including the District of Columbia Financial Responsibility 
and Management Assistance Authority) for fiscal year 1999 unless--
            (1) the audit is conducted by the Inspector General of the 
        District of Columbia pursuant to section 208(a)(4) of the 
        District of Columbia Procurement Practices Act of 1985 (D.C. 
        Code, sec. 1-1182.8(a)(4)); and
            (2) the audit includes a comparison of audited actual year-
        end results with the revenues submitted in the budget document 
        for such year and the appropriations enacted into law for such 
        year.

    Sec. 149. Nothing in this Act shall be construed to authorize any 
office, agency or entity to expend funds for programs or functions for 
which a reorganization plan is required but has not been approved by the 
District of Columbia Financial Responsibility and Management Assistance 
Authority (hereafter in this section referred to as ``Authority''). 
Appropriations made by this Act for such programs or functions are 
conditioned only on the approval by the Authority of the required 
reorganization plans.
    Sec. 150. Notwithstanding any other provision of law, rule, or 
regulation, the evaluation process and instruments for evaluating 
District of Columbia Public Schools employees shall be a non-negotiable 
item for collective bargaining purposes.
    Sec. 151. None of the funds contained in this Act may be used by the 
District of Columbia Corporation Counsel or any other officer or entity 
of the District government to provide assistance for any petition drive 
or civil action which seeks to require Congress to provide for voting 
representation in Congress for the District of Columbia.

[[Page 112 STAT. 2681-146]]

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

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

[[Page 112 STAT. 2681-147]]

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

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

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

[[Page 112 STAT. 2681-148]]

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

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

``SEC. 109. CHIEF MANAGEMENT OFFICER.

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

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

[[Page 112 STAT. 2681-149]]

to contracts to provide property or services for the District of 
Columbia Courts.
    ``(3)(A) Except as provided in subparagraph (B), an interest penalty 
under this chapter does not continue to accrue for more than one year or 
after a claim for an interest penalty is filed in the manner described 
in paragraph (2), whichever is earlier.
    ``(B) If a claim for an interest penalty is filed in the manner 
described in paragraph (2) and interest is not available for such claims 
under the laws and regulations governing claims under contracts to 
provide property or services for the District of Columbia Courts, 
interest will accrue under this chapter as provided in paragraph (A) and 
from the date the claim is filed until the date the claim is paid.
    ``(4) Paragraph (3) of this subsection does not prevent an interest 
penalty from accruing on a claim if such interest is available for such 
claim under the laws and regulations governing claims under contracts to 
provide property or services for the District of Columbia Courts. Such 
interest may accrue on an unpaid contract payment and on the unpaid 
penalty under this chapter.
    ``(5) Except as provided in section 3904 of this title, this chapter 
does not require an interest penalty on a payment that is not made 
because of a dispute between the head of an agency and a business 
concern over the amount of payment or compliance with the contract. A 
claim related to the dispute, and any interest payable for the period 
during which the dispute is being resolved, is subject to the laws and 
regulations governing claims under contracts to provide property or 
services for the District of Columbia Courts.''.
    Sec. 163. Section 147 of the Nation's Capital Bicentennial 
Designation Act (Public Law 105-100; 111 Stat. 2180) is amended--
            (1) in subsection (a)(3)(B) by striking ``President's Day'' 
        and inserting ``Washington's Birthday'';
            (2) in subsection (b)(1) by striking ``President's Day'' and 
        inserting ``Washington's Birthday''.

    Sec. 164. Section 101(b) of the District of Columbia Financial 
Responsibility and Management Assistance Act of 1995, Public Law 104-8, 
109 Stat. 97, is amended by adding at the end of paragraph (5) the 
following new subparagraph:
                    ``(D) Continuation of service until successor 
                appointed.--Upon the expiration of a term of office, a 
                member of the Authority may continue to serve until a 
                successor has been appointed.''

    Sec. 165. Section 456(d)(2) of the District of Columbia Home Rule 
Act (87 Stat. 774; Public Law 93-198, as amended) is amended by adding 
at the end:
                    ``(H) A statement of the balance of each account 
                held by the District of Columbia Financial 
                Responsibility and Management Assistance Authority as of 
                the end of the quarter, together with a description of 
                the activities within each such account during the 
                quarter based on information supplied by the 
                Authority.''.
      Sec. 166. No funds made available pursuant to any provision of 
this Act or any other act now or hereafter enacted shall be used to 
capitalize the National Capital Revitalization Corporation or for the 
purpose of implementing the National Capital Revitalization Act of 1998 
(D.C. Act 12-355) until at least 30 days after the District of Columbia 
Financial Responsibility and Management

[[Page 112 STAT. 2681-150]]

Assistance Authority submits to the appropriate committees of Congress 
an economic development strategy.

    Sec. 167. The District of Columbia government shall maintain for 
fiscal year 1999 the same funding levels as provided in fiscal year 1997 
for homeless services in the District of Columbia: Provided, That in 
addition to such amounts, $1,000,000 shall be paid to The Doe Fund for 
its Ready, Willing & Able program in Washington, D.C.
    Sec. 168. (a) No later than November 1, 1998, or within 30 calendar 
days after the date of the enactment of this Act, whichever occurs 
later, the Chief Financial Officer shall submit to the appropriate 
committees of Congress, the Mayor, and the District of Columbia 
Financial Responsibility and Management Assistance Authority a revised 
appropriated funds operating budget for all agencies of the District of 
Columbia government for such fiscal year that is in the total amount of 
the approved appropriation and that realigns budgeted data for personal 
services and other-than-personal-services, respectively, with 
anticipated actual expenditures.
    (b) The revised budget required by subsection (a) of this section 
shall be submitted in the format of the budget that the District of 
Columbia government submitted pursuant to section 442 of the District of 
Columbia Home Rule Act, Public Law 93-198, as amended (D.C. Code, sec. 
47-301).
    Sec. 169. Notwithstanding section 602(c)(1) of the District of 
Columbia Home Rule Act, approved December 24, 1973, as amended (87 Stat. 
813; Public Law 93-198; D.C. Code, sec. 1-233(c)(1), D.C. Act 12-421), 
``Oyster Elementary School Construction and Revenue Bond Act of 1998'', 
shall take effect upon the date of enactment of this Act.
    Sec. 170. None of the funds contained in this Act may be used for 
any program of distributing sterile needles or syringes for the 
hypodermic injection of any illegal drug, or for any payment to any 
individual or entity who carries out any such program.
    Sec. 171. None of the funds contained in this Act may be used to 
conduct any ballot initiative which seeks to legalize or otherwise 
reduce penalties associated with the possession, use, or distribution of 
any schedule I substance under the Controlled Substances Act (21 U.S.C. 
802) or any tetrahydrocannabinols derivative.
    This Act may be cited as the ``District of Columbia Appropriations 
Act, 1999''.
      (d) For programs, projects or activities in the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1999, provided as follows, to be effective as if it had been enacted 
into law as the regular appropriations Act:

                TITLE I--EXPORT AND INVESTMENT ASSISTANCE

    The Export-Import Bank of the United States is authorized to make 
such expenditures within the limits of funds and borrowing authority 
available to such corporation, and in accordance with law, and to make 
such contracts and commitments without regard to fiscal year 
limitations, as provided by section 104 of the

[[Page 112 STAT. 2681-151]]

Government Corporation Control Act, as may be necessary in carrying out 
the program for the current fiscal year for such corporation: Provided, 
That none of the funds available during the current fiscal year may be 
used to make expenditures, contracts, or commitments for the export of 
nuclear equipment, fuel, or technology to any country other than a 
nuclear-weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or 
military assistance under this Act that has detonated a nuclear 
           explosive after the date of enactment of this Act.

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

    For administrative expenses to carry out the direct and guaranteed 
loan and insurance programs (to be computed on an accrual basis), 
including hire of passenger motor vehicles and services as authorized by 
5 U.S.C. 3109, and not to exceed $22,500 for official reception and 
representation expenses for members of the Board of Directors, 
$50,000,000: Provided, That necessary expenses (including special 
services performed on a contract or fee
basis, but not including other personal services) in connection with the 
collection of moneys owed the Export-Import Bank, repossession or sale 
of pledged collateral or other assets acquired by the Export-Import Bank 
in satisfaction of moneys owed the Export-Import Bank, or the 
investigation or appraisal of any property, or the evaluation of the 
legal or technical aspects of any transaction for which an application 
for a loan, guarantee or insurance commitment has been made, shall be 
considered nonadministrative expenses for the purposes of this heading: 
Provided <<NOTE: 12 USC 635a note. overseas private investment 
corporation noncredit account>> further, That, notwithstanding 
subsection (b) of section 117 of the Export Enhancement Act of 1992, 
subsection (a) thereof shall remain in effect until October 1, 1999.

[[Page 112 STAT. 2681-152]]

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

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

                   Funds Appropriated to the President

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

[[Page 112 STAT. 2681-153]]

be allocated against, direct or indirect administrative costs of the 
agency.

                 TITLE II--BILATERAL ECONOMIC ASSISTANCE

                   Funds Appropriated to the President

    For expenses necessary to enable the President to carry out the 
provisions of the Foreign Assistance Act of
1961, and for other purposes, to remain available until September 30, 
          1999, unless otherwise specified herein, as follows:

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

    For necessary expenses to carry out the provisions of sections 103 
through 106, and chapter 10 of part I of the Foreign Assistance Act of 
1961, title V of the International Security and Development Cooperation 
Act of 1980 (Public Law 96-533) and the provisions of section 401 of the 
Foreign Assistance Act of 1969, $1,225,000,000, to remain available 
until September 30, 2000: Provided, That of the amount appropriated 
under this heading, up to $20,000,000 may be made available for the 
Inter-American Foundation and shall be apportioned directly to that 
Agency: Provided further, That of the amount appropriated under this 
heading, up to $11,000,000 may be made available for the African 
Development Foundation and shall be apportioned directly to that agency: 
Provided further, That none of the funds made available in this Act nor 
any unobligated balances from prior appropriations may be made available 
to any organization or program which, as determined by the President of 
the United States, supports or participates in the management of a 
program of coercive abortion or involuntary sterilization: Provided 
further, That none of the funds made available under this heading may be 
used to pay for the performance of abortion as a method of family 
planning or to motivate or coerce any person

[[Page 112 STAT. 2681-154]]

to
practice abortions; and that in order to reduce reliance on abortion in 
developing nations, funds shall be available only to voluntary family 
planning projects which offer, either directly or through referral to, 
or information about access to, a broad range of family planning methods 
and services, and that any such voluntary family planning project shall 
meet the following requirements: (1) service providers or referral 
agents in the project shall not implement or be subject to quotas, or 
other numerical targets, of total number of births, number of family 
planning acceptors, or acceptors of a particular method of family 
planning (this provision shall not be construed to include the use of 
quantitative estimates or indicators for budgeting and planning 
purposes), (2) the project shall not include payment of incentives, 
bribes, gratuities, or financial reward to (A) an individual in exchange 
for becoming a family planning acceptor, or (B) program personnel for 
achieving a numerical target or quota of total number of births, number 
of family planning acceptors, or acceptors of a particular method of 
family planning, (3) the project shall not deny any right or benefit, 
including the right of access to participate in any program of general 
welfare or the right of access to health care, as a consequence of any 
individual's decision not to accept family planning services, (4) the 
project shall provide family planning acceptors comprehensible 
information on the health benefits and risks of the method chosen, 
including those conditions that might render the use of the method 
inadvisable and those adverse side effects known to be consequent to the 
use of the method, (5) the project shall ensure that experimental 
contraceptive drugs and devices and medical procedures are provided only 
in the context of a scientific study in which participants are advised 
of potential risks and benefits; and, not less than 60 days after the 
date on which the Administrator of the United States Agency for 
International Development determines that there has been a violation of 
the requirements contained in paragraph (1), (2), (3), or (5) of this 
proviso, or a pattern or practice of violations of the requirements 
contained in paragraph (4) of this proviso, the Administrator shall 
submit to the Committee on International Relations and the Committee on 
Appropriations of the House of Representatives and to the Committee on 
Foreign Relations and the Committee on Appropriations of the Senate, a 
report containing a description of such violation and the corrective 
action taken by the Agency: Provided further, That in awarding grants 
for natural family planning under section 104 of the Foreign Assistance 
Act of 1961 no applicant shall be discriminated against because of such 
applicant's religious or conscientious commitment to offer only natural 
family planning; and, additionally, all such applicants shall comply 
with the requirements of the previous proviso: Provided further, That 
for purposes of this or any other Act authorizing or appropriating funds 
for foreign operations, export financing, and related programs, the term 
``motivate'', as it relates to family planning assistance, shall not be 
construed to prohibit the provision, consistent with local law, of 
information or counseling about all pregnancy options: Provided further, 
That nothing in this paragraph shall be construed to alter any existing 
statutory prohibitions against abortion under section 104 of the Foreign 
Assistance Act of 1961: Provided further, That, notwithstanding section 
109 of the Foreign Assistance Act of 1961, of the funds appropriated 
under this heading in this Act, and of the unobligated balances of funds 
previously appropriated
under this heading,

[[Page 112 STAT. 2681-155]]

$2,500,000 may be transferred to ``International Organizations and 
Programs'' for a contribution to the International Fund for Agricultural 
Development (IFAD): Provided further, That none of the funds 
appropriated under this heading may be made available for any activity 
which is in contravention to the Convention on International Trade in 
Endangered Species of Flora and Fauna (CITES): Provided further, That 
none of the funds appropriated under this heading may be made available 
for assistance for the central Government of the Republic of South 
Africa, until the Secretary of State reports in writing to the 
appropriate committees of the Congress on the steps being taken by the 
United States Government to work with the Government of the Republic of 
South Africa to negotiate the repeal, suspension, or termination of 
section 15(c) of South Africa's Medicines and Related Substances Control 
Amendment Act No. 90 of 1997: Provided further, That of the funds 
appropriated under this heading that are made available for assistance 
programs for displaced and orphaned children and victims of war, not to 
exceed $25,000, in addition to funds otherwise available for such 
purposes, may be used to monitor and provide oversight of such programs: 
Provided further, That of the funds appropriated under this heading, not 
less than $1,500,000 should be made available for agriculture programs 
in Laos: Provided further, That of the funds appropriated under this 
heading not less than $500,000 should be made available for support of 
the United States Telecommunications Training Institute: Provided 
further, That, of the funds made available by this Act for the 
``Microenterprise Initiative'' (including any local currencies made 
available for the purposes of the Initiative), not less than 50 percent 
of the funds used for microcredit should be made available for support 
of programs providing loans of less than $300 to very poor people, 
particularly women, or for institutional support of organizations 
                 primarily engaged in making such loans.

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

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

[[Page 112 STAT. 2681-156]]

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

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

    None of <<NOTE: 22 USC 2151u note.>> the funds appropriated or 
otherwise made available by this Act for development assistance may be 
made available to any United States private and voluntary organization, 
except any cooperative development organization, which obtains less than 
20 percent of its total annual funding for international activities from 
sources other than the United States Government: Provided, That the 
Administrator of the Agency for International Development may, on a 
case-by-case basis, waive the restriction contained in this paragraph, 
after taking into account the effectiveness of the overseas development 
activities of the organization, its level of volunteer support, its 
financial viability and stability, and the degree of its dependence for 
its financial support on the agency: Provided further, That section 
123(g) of the Foreign <<NOTE: 22 USC 2151u and note.>> Assistance Act of 
1961 and the paragraph entitled ``Private and Voluntary Organizations'' 
in title II of the Foreign Assistance and Related Programs 
Appropriations Act, 1985 (as enacted in Public Law 98-473) are hereby 
repealed.

    Funds appropriated or otherwise made available under title II of 
this Act should be made available to private and voluntary organizations 
at a level which is at least equivalent to the level provided in fiscal 
year 1995. Such private and voluntary organizations shall include those 
which operate on a not-for-profit basis, receive contributions from 
private sources, receive voluntary support from the public and are 
deemed to be among the most cost-effective and successful providers of 
development assistance.

[[Page 112 STAT. 2681-157]]

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

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

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of guaranteed loans authorized by sections 221 and 222 of 
the Foreign Assistance Act of 1961, including the cost of guaranteed 
loans designed to promote the urban and environmental policies and 
objectives of part I of such Act, $1,500,000, to remain available until 
expended: Provided, That these funds are available to subsidize loan 
principal, 100 per centum of which shall be guaranteed, pursuant to the 
authority of such sections. In addition, for administrative expenses to 
carry out guaranteed loan programs, $5,000,000, all of which may be 
transferred to and merged with the appropriation for Operating Expenses 
of the Agency for International Development: Provided further, That 
commitments to guarantee loans under this heading may be entered into 
notwithstanding the second and third sentences of section 
222(a) <<NOTE: 22 USC 2183<plus-minus><plus-minus>. payment to the 
foreign service retirement and disability fund>> of the Foreign 
Assistance Act of 1961, and the third and fourth sentences of section 
                    223(j) of such Act are repealed.

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

    For necessary expenses to carry out the provisions of section 667, 
$479,950,000: Provided, That none of the funds appropriated by this Act 
for programs administered by the Agency for International Development 
may be used to finance printing costs of any report or study (except 
feasibility, design, or evaluation reports

[[Page 112 STAT. 2681-158]]

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

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

                   Other Bilateral Economic Assistance

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

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

    (a) For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 and the Support
 for East European Democracy (SEED) Act of 1989, $430,000,000, to remain 
available until September 30, 2000, which shall be available, 
notwithstanding any other provision of law, for economic assistance and 
for related programs for Eastern Europe and the Baltic States.

[[Page 112 STAT. 2681-159]]

    (b) Funds appropriated under this heading shall be considered to be 
economic assistance under the Foreign Assistance Act of 1961 for 
purposes of making available the administrative authorities contained in 
that Act for the use of economic assistance.
    (c) None of the funds appropriated under this heading may be made 
available for new housing construction or repair or reconstruction of 
existing housing in Bosnia and Herzegovina unless directly related to 
the efforts of United States troops to promote peace in said country.
    (d) With regard to funds appropriated under this heading for the 
economic revitalization program in Bosnia and Herzegovina, and local 
currencies generated by such funds (including the conversion of funds 
appropriated under this heading into currency used by Bosnia and 
Herzegovina as local currency and local currency returned or repaid 
under such program)--
            (1) the Administrator of the Agency for International 
        Development shall provide written approval for grants and loans 
        prior to the obligation and expenditure of funds for such 
        purposes, and prior to the use of funds that have been returned 
        or repaid to any lending facility or grantee; and
            (2) the provisions of section 533 of this Act shall apply.

    (e) The President is authorized to withhold funds appropriated under 
this heading made available for economic revitalization programs in 
Bosnia and Herzegovina, if he determines and certifies to the Committees 
on Appropriations that the Federation of Bosnia and Herzegovina has not 
complied with article III of annex 1-A of the General Framework 
Agreement for Peace in Bosnia and Herzegovina concerning the withdrawal 
of foreign forces, and that intelligence cooperation on training, 
investigations, and related activities between Iranian officials and 
Bosnian officials has not been terminated.
    (f) Not to exceed $200,000,000 of the funds appropriated under this 
heading may be made available for Bosnia and Herzegovina.
    (g) Funds appropriated under this heading or in prior appropriations 
Acts that are or have been made available for an Enterprise Fund may be 
deposited by such Fund in interest-bearing accounts prior to the Fund's 
disbursement of such funds for program purposes. The Fund may retain for 
such program purposes any interest earned on such deposits without 
returning such interest to the Treasury of the United States and without 
further appropriation by the Congress. Funds made available for 
Enterprise Funds shall be expended at the minimum rate necessary to make 
               timely payment for projects and activities.

    (a) For necessary expenses to carry out the provisions of chapter 11 
of part I of the Foreign Assistance Act of 1961 and the FREEDOM Support 
Act, for assistance for the New Independent States of the former Soviet 
Union and for related programs, $801,000,000, to remain available until 
September 30, 2000: Provided, That the provisions of such chapter shall 
apply to funds appropriated by this paragraph: Provided further, That 
such sums as may be necessary may be transferred to the Export-Import 
Bank of the United States for the cost of any financing under the 
Export-Import Bank Act of 1945 for activities for the New Independent 
States.

[[Page 112 STAT. 2681-160]]

    (b) Funds appropriated under title II of this Act, including funds 
appropriated under this heading, should be made available for assistance 
for Mongolia at a level which is at least equivalent to the level 
provided in fiscal year 1998: Provided, That funds made available for 
assistance for Mongolia may be made available in accordance with the 
purposes and utilizing the authorities provided in chapter 11 of part I 
of the Foreign Assistance Act of 1961.
    (c)(1) Of the funds appropriated under this heading that are 
allocated for assistance for the Government of Russia, 50 percent shall 
be withheld from obligation until the President determines and certifies 
in writing to the Committees on Appropriations that the Government of 
Russia has terminated implementation of arrangements to provide Iran 
with technical expertise, training, technology, or equipment necessary 
to develop a nuclear reactor, related nuclear research facilities or 
programs, or ballistic missile capability.
    (2) Notwithstanding paragraph (1) assistance may be provided for the 
Government of Russia if the President determines and certifies to the 
Committees on Appropriations that making such funds available: (A) is 
vital to the national security interest of the United States; and (B) 
that the Government of Russia is taking meaningful steps to limit major 
supply contracts and to curtail the transfer of technology and 
technological expertise related to activities referred to in paragraph 
(1).
    (d) Not more than 30 percent of the funds appropriated under this 
heading may be made available for assistance for any country in the 
region.

    (e) Of the funds appropriated under this heading, not less than 
$228,000,000 shall be made available for assistance for the Southern 
Caucasus region: Provided, That of the funds made available for the 
Southern Caucasus region, 17.5 percent should be used for reconstruction 
and other activities relating to the peaceful resolution of conflicts 
within the region, especially those in the vicinity of Abkhazia and 
Nagorno-Karabakh: Provided further, That if the Secretary of State after 
May 30, 1999, determines and reports to the relevant committees of 
Congress that the full amount of funds that may be made available under 
the first proviso cannot be effectively utilized, the amount provided 
may be used for other purposes under this heading: Provided further, 
That of the funds provided under this subsection, 37 percent shall be 
made available for assistance for Georgia and 35 percent shall be made 
available for assistance for Armenia: Provided further, That of funds 
made available for Armenia, not less than 12 percent shall be made 
available for an endowment for the American University in Armenia.
    (f) Section 907 of the FREEDOM Support Act shall not apply to--
            (1) activities to support democracy or assistance under 
        title V of the FREEDOM Support Act and section 1424 of Public 
        Law 104-201;
            (2) any assistance provided by the Trade and Development 
        Agency under section 661 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2421);
            (3) any activity carried out by a member of the United 
        States and Foreign Commercial Service while acting within his or 
        her official capacity;

[[Page 112 STAT. 2681-161]]

            (4) any insurance, reinsurance, guarantee, or other 
        assistance provided by the Overseas Private Investment 
        Corporation under title IV of chapter 2 of part I of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
            (5) any financing provided under the Export-Import Bank Act 
        of 1945; or
            (6) humanitarian assistance.

    (g) Of the funds appropriated under this heading, not less than 
$195,000,000 shall be made available for assistance for Ukraine: 
Provided, That not less than $25,000,000 of such funds should be made 
available for nuclear reactor safety programs, of which not less than 
$1,000,000 shall be made available for personnel security initiatives at 
all nuclear reactor installations: Provided further, That 50 percent of 
the amount made available in this subsection, exclusive of funds made 
available for nuclear safety and law enforcement reforms, shall be 
withheld from obligation and expenditure until the Secretary of State 
reports to the Committees on Appropriations that Ukraine has undertaken 
significant economic reforms additional to those achieved in fiscal year 
1998, and include: (1) reform and effective enforcement of commercial 
and tax codes; and (2) continued progress on resolution of complaints by 
United States investors: Provided further, That the report in the 
previous proviso shall be provided 120 days after the date of enactment 
of this Act: Provided further, That for the purposes of the agreement 
with Ukraine submitted to the Congress under section 123 of the Atomic 
Energy Act of 1954, as amended, the requirement to submit the agreement 
and related documents to the Congress and the appropriate congressional 
committees for the periods described in that Act shall be deemed 
satisfied upon the enactment of this Act.

    (h) The Coordinator for Assistance to the New Independent States of 
the Former Soviet Union shall inform the Committees on Appropriations 
prior to the obligation of funds made available under this heading for a 
United States national lab to administer nuclear safety activities if 
the management costs exceed 9 percent of the costs associated with the 
program or activity.

                           Independent Agency

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

                           Department of State

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $261,000,000: Provided, That none of the funds 
under this heading may be made available to establish or operate an 
International Law Enforcement Academy for the Western Hemisphere outside 
the United States: Provided further, That

[[Page 112 STAT. 2681-162]]

in addition to any funds previously made available for an International 
Law Enforcement Academy for the Western Hemisphere, not less than 
$5,000,000 should be made available to establish and operate the 
International Law Enforcement Academy for the Western Hemisphere at the 
deBremond Training Center in Roswell, New Mexico: Provided further, That 
during fiscal year 1999, the Department of State may also use the 
authority of section 608 of the Foreign Assistance Act of 1961, without 
regard to its restrictions, to receive excess property from an agency of 
the United States Government for the purpose of providing it to a 
foreign country under chapter 8 of part I of that Act subject to the 
  regular notification procedures of the Committees on Appropriations.

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

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

    For necessary expenses for nonproliferation, anti-terrorism and 
related programs and activities, $198,000,000, to carry out the 
provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 
for anti-terrorism assistance, section 504 of the FREEDOM Support Act 
for the Nonproliferation and Disarmament Fund, section 23 of the Arms 
Export Control Act or the Foreign Assistance Act of 1961 for demining 
activities, the clearance of unexploded ordnance, and related 
activities, notwithstanding any other provision of law, including 
activities implemented through nongovernmental and international 
organizations, section 301 of the Foreign Assistance Act of 1961 for a 
voluntary contribution to the

[[Page 112 STAT. 2681-163]]

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

                       Department of the Treasury

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of modifying direct loans and loan guarantees, as the 
President may determine, for which funds have been appropriated or 
otherwise made available for programs within the International Affairs 
Budget Function 150, including the cost of selling, reducing, or 
canceling amounts, through debt buybacks and swaps, owed to the United 
States as a result of concessional loans made to eligible Latin American 
and Caribbean countries, pursuant to part IV of the Foreign Assistance 
Act of 1961; of modifying concessional credit agreements with least 
developed countries, as authorized under section 411 of the Agricultural 
Trade Development and Assistance Act of 1954, as amended; and 
concessional loans, guarantees and credit agreements with any country in 
sub-Saharan Africa, as authorized under section 572 of the Foreign 
Operations, Export Financing, and Related Programs Appropriations Act, 
1989 (Public Law 100-461); and of modifying any obligation, or portion 
of such obligation for Latin American countries to pay for purchases of 
United States agricultural commodities guaranteed by the Commodity 
Credit Corporation under export credit guarantee programs authorized 
pursuant to section 5(f ) of the Commodity Credit Corporation Charter 
Act of June 29, 1948, as amended, section 4(b) of the Food for Peace Act 
of 1966, as amended (Public Law 89-808), or section 202 of the 
Agricultural Trade Act of 1978, as amended (Public Law 95-501), 
$33,000,000, to remain available

[[Page 112 STAT. 2681-164]]

until expended: Provided, That not to exceed $2,900,000 of such funds 
may be used for implementation of improvements in the foreign credit 
reporting system of the United States Government: Provided further, That 
the authority provided by section 572 of Public Law 100-461 may be 
exercised only with respect to countries that are eligible to borrow 
from the International Development Association, but not from the 
International Bank for Reconstruction and Development, commonly referred 
to as ``IDA-only'' countries: Provided further, That the authorities and 
appropriation under this heading shall also satisfy the requirement of 
section 808(a)(3) of part V of the Foreign Assistance Act, as amended, 
for the purpose of debt buybacks and swaps which incur no costs (as 
defined under section 502(5) of the Federal Credit Reform Act of 1990) 
                          in fiscal year 1999.

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

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

                     TITLE III--MILITARY ASSISTANCE

                   Funds Appropriated to the President

    For necessary expenses to carry out the provisions of section 541 of 
the Foreign Assistance Act of 1961, $50,000,000 of which up to 
$1,000,000 may remain available until expended: Provided, That the 
civilian personnel for whom military education and

[[Page 112 STAT. 2681-165]]

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

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

[[Page 112 STAT. 2681-166]]

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

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

[[Page 112 STAT. 2681-167]]

assistance and sales: Provided further, That not more than $340,000,000 
of funds realized pursuant to section 21(e)(1)(A) of the Arms Export 
Control Act may be obligated for expenses incurred by the Department of 
Defense during fiscal year 1999 pursuant to section 43(b) of the Arms 
Export Control Act, except that this limitation may be exceeded only 
through the regular notification procedures of the Committees on 
                             Appropriations.

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

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

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

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

[[Page 112 STAT. 2681-168]]

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

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

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

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

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

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

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

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

[[Page 112 STAT. 2681-169]]

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

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

                International Organizations and Programs

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

                       TITLE V--GENERAL PROVISIONS

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

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

[[Page 112 STAT. 2681-170]]

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

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

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

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

    Sec. 507. None of the funds appropriated or otherwise made available 
pursuant to this Act shall be obligated or expended to finance directly 
any assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran, 
Sudan, or Syria: Provided, That for purposes of this section, the 
prohibition on obligations or expenditures shall

[[Page 112 STAT. 2681-171]]

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

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

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

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

    Sec. 511. No part of any appropriation contained in this Act shall 
remain available for obligation after the expiration of the current 
fiscal year unless expressly so provided in this Act: Provided, That 
funds appropriated for the purposes of chapters 1, 8, and 11 of part I, 
section 667, and chapter 4 of part II of the Foreign Assistance Act of 
1961, as amended, and funds provided under the heading ``Assistance for 
Eastern Europe and the Baltic

[[Page 112 STAT. 2681-172]]

States'', shall remain available until expended if such funds are 
initially obligated before the expiration of their respective periods of 
availability contained in this Act: Provided further, That, 
notwithstanding any other provision of this Act, any funds made 
available for the purposes of chapter 1 of part I and chapter 4 of part 
II of the Foreign Assistance Act of 1961 which are allocated or 
obligated for cash disbursements in order to address balance of payments 
or economic policy reform objectives, shall remain available until 
expended: Provided further, That the report required by section 653(a) 
of the Foreign Assistance Act of 1961 shall designate for each country, 
to the extent known at the time of submission of such report, those 
funds allocated for cash disbursement for balance of payment and 
                    economic policy reform purposes.

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

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

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

[[Page 112 STAT. 2681-173]]

            (1) activities designed to increase food security in 
        developing countries where such activities will not have a 
        significant impact in the export of agricultural commodities of 
        the United States; or
            (2) research activities intended primarily to benefit 
                               American producers.

    Sec. 514. <<NOTE: 22 USC 262h.>> (a) The Secretary of the Treasury 
shall instruct the United States Executive Directors of the 
International Bank for Reconstruction and Development, the International 
Development Association, the International Finance Corporation, the 
Inter-American Development Bank, the International Monetary Fund, the 
Asian Development Bank, the Inter-American Investment Corporation, the 
North American Development Bank, the European Bank for Reconstruction 
and Development, the African Development Bank, and the African 
Development Fund to use the voice and vote of the United States to 
oppose any assistance by these institutions, using funds appropriated or 
made available pursuant to this Act, for the production or extraction of 
any commodity or mineral for export, if it is in surplus on world 
markets and if the assistance will cause substantial injury to United 
States producers of the same, similar, or competing commodity.

    (b) The Secretary of the Treasury should instruct the United States 
executive directors of international financial institutions listed in 
subsection (a) of this section to use the voice and vote of the United 
States to support the purchase of American produced agricultural 
commodities with funds appropriated or made available pursuant to this 
                                  Act.

    Sec. 515. (a) For the purposes of providing the executive branch 
with the necessary administrative flexibility, none of the funds made 
available under this Act for ``Child Survival and Disease Programs 
Fund'', ``Development assistance'', ``International Organizations and 
Programs'', ``Trade and Development Agency'', ``International narcotics 
control and law enforcement'', ``Assistance for Eastern Europe and the 
Baltic States'', ``Assistance for the New Independent States of the 
Former Soviet Union'', ``Economic Support Fund'', ``Peacekeeping 
operations'', ``Operating expenses of the Agency for International 
Development'', ``Operating expenses of the Agency for International 
Development Office of Inspector General'', ``Nonproliferation, anti-
terrorism, demining and related programs'', ``Foreign Military Financing 
Program'', ``International military education and training '', ``Peace 
Corps'', ``Migration and refugee assistance'', shall be available for 
obligation for activities, programs, projects, type of materiel 
assistance, countries, or other operations not justified or in excess of 
the amount justified to the Appropriations Committees for obligation 
under any of these specific headings unless the Appropriations 
Committees of both Houses of Congress are previously notified 15 days in 
advance: Provided, That the President shall not enter into any 
commitment of funds appropriated for the purposes of section 23 of the 
Arms Export Control Act for the provision of major defense equipment, 
other than conventional ammunition, or other major defense items defined 
to be aircraft, ships, missiles, or combat vehicles, not

[[Page 112 STAT. 2681-174]]

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

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

    Sec. 516. Subject to the regular notification procedures of the 
Committees on Appropriations, funds appropriated under this Act or any 
previously enacted Act making appropriations for foreign operations, 
export financing, and related programs, which are returned or not made 
available for organizations and programs because of the implementation 
of section 307(a) of the Foreign Assistance Act of 1961, shall remain 
available for obligation until September 30, 2000: 
Provided,That <<NOTE: 22 USC 2227. new independent states of the former 
soviet union>> section 307(a) of the Foreign Assistance Act of 1961, is 
amended by inserting before the period at the end thereof ``, or at the 
discretion of the President, Communist countries listed in section 
                          620(f) of this Act''.

    Sec. 517. (a) None of the funds appropriated under the heading 
``Assistance for the New Independent States of the Former Soviet Union'' 
shall be made available for assistance for a Government of the New 
Independent States of the former Soviet Union--
            (1) unless that Government is making progress in 
        implementing comprehensive economic reforms based on market 
        principles, private ownership, respect for commercial contracts, 
        and equitable treatment of foreign private investment; and
            (2) if that Government applies or transfers United States 
        assistance to any entity for the purpose of expropriating or 
        seizing ownership or control of assets, investments, or 
        ventures.

Assistance may be furnished without regard to this subsection if the 
President determines that to do so is in the national interest.
    (b) <<NOTE: 22 USC 5814 note.>>  None of the funds appropriated 
under the heading ``Assistance for the New Independent States of the 
Former Soviet Union''

[[Page 112 STAT. 2681-175]]

shall be made available for assistance for a Government of the New 
Independent States of
the former Soviet Union if that government directs any action in 
violation of the territorial integrity or national sovereignty of any 
other new independent state, such as those violations included in the 
Helsinki Final Act: Provided, That such funds may be made available 
without regard to the restriction in this subsection if the President 
determines that to do so is in the national security interest of the 
United States.

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

[[Page 112 STAT. 2681-176]]

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

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

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

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

[[Page 112 STAT. 2681-177]]

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

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

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

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

[[Page 112 STAT. 2681-178]]

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

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

    Sec. 528. (a) Notwithstanding any other provision of law, funds 
appropriated for bilateral assistance under any heading of this Act and 
funds appropriated under any such heading in a provision of law enacted 
prior to enactment of this Act, shall not be made available to any 
country which the President determines--
            (1) grants sanctuary from prosecution to any individual or 
        group which has committed an act of international terrorism, or
            (2) otherwise supports international terrorism.

    (b) The President may waive the application of subsection (a) to a 
country if the President determines that national security or 
humanitarian reasons justify such waiver. <<NOTE: Federal Register, 
publication. COMMERCIAL LEASING OF DEFENSE ARTICLES>> The President 
shall publish each waiver in the Federal Register and, at least fifteen 
days before the waiver takes effect, shall notify the Committees on 
Appropriations of the waiver (including the justification for the 
waiver) in accordance with the regular notification procedures of the 
                      Committees on Appropriations.

    Sec. 529. <<NOTE: 22 USC 2763 note. COMPETITIVE 
INSURANCE>> Notwithstanding any other provision of law, and subject to 
the regular notification procedures of the Committees on Appropriations, 
the authority of section 23(a) of the Arms Export Control Act may be 
used to provide financing to Israel, Egypt and NATO and major non-NATO 
allies for the procurement by leasing (including leasing with an option 
to purchase) of defense articles from United States commercial 
suppliers, not including Major Defense Equipment (other than helicopters 
and other types of aircraft having possible civilian application), if 
the President determines that there are compelling foreign policy or 
national security reasons for those defense articles being provided by 
commercial lease rather than by government-to-government sale under such 
Act.

[[Page 112 STAT. 2681-179]]

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

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

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

    Sec. 533. <<NOTE: 22 USC 2362 note.>> (a) Separate Accounts for 
Local Currencies.--(1) If assistance is furnished to the government of a 
foreign country under chapters 1 and 10 of part I or chapter 4 of part 
II of the Foreign Assistance Act of 1961 under agreements which result 
in the generation of local currencies of that country, the Administrator 
of the Agency for International Development shall--
            (A) require that local currencies be deposited in a separate 
        account established by that government;
            (B) enter into an agreement with that government which sets 
        forth--
                    (i) the amount of the local currencies to be 
                generated, and
                    (ii) the terms and conditions under which the 
                currencies so deposited may be utilized, consistent with 
                this section; and
            (C) establish by agreement with that government the 
        responsibilities of the Agency for International Development and 
        that government to monitor and account for deposits into and 
        disbursements from the separate account.

    (2) Uses of Local Currencies.--As may be agreed upon with the 
foreign government, local currencies deposited in a separate account 
pursuant to subsection (a), or an equivalent amount of local currencies, 
shall be used only--
            (A) to carry out chapters 1 or 10 of part I or chapter 4 of 
        part II (as the case may be), for such purposes as--
                    (i) project and sector assistance activities, or

[[Page 112 STAT. 2681-180]]

                    (ii) debt and deficit financing, or
            (B) for the administrative requirements of the United States 
        Government.

    (3) Programming Accountability.--The Agency for International 
Development shall take all necessary steps to ensure that the equivalent 
of the local currencies disbursed pursuant to subsection (a)(2)(A) from 
the separate account established pursuant to subsection (a)(1) are used 
for the purposes agreed upon pursuant to subsection (a)(2).
    (4) Termination of Assistance Programs.--Upon termination of 
assistance to a country under chapters 1 or 10 of part I or chapter 4 of 
part II (as the case may be), any unencumbered balances of funds which 
remain in a separate account established pursuant to subsection (a) 
shall be disposed of for such purposes as may be agreed to by the 
government of that country and the United States Government.
    (5) Conforming Amendments.--The tenth and eleventh provisos 
contained under the heading ``Sub-Saharan Africa, Development 
Assistance'' as included in the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1989 and sections 531(d) and 
609 of the Foreign Assistance Act of 1961 are <<NOTE: 22 USC 2346, 
2359.>>  repealed.

    (6) Reporting Requirement.--The Administrator of the Agency for 
International Development shall report on an annual basis as part of the 
justification documents submitted to the Committees on Appropriations on 
the use of local currencies for the administrative requirements of the 
United States Government as authorized in subsection (a)(2)(B), and such 
report shall include the amount of local currency (and United States 
dollar equivalent) used and/or to be used for such purpose in each 
applicable country.
    (b) Separate Accounts for Cash Transfers.--(1) If assistance is made 
available to the government of a foreign country, under chapters 1 or 10 
of part I or chapter 4 of part II of the Foreign Assistance Act of 1961,
as cash transfer assistance or as nonproject sector assistance, that 
country shall be required to maintain such funds in a separate account 
and not commingle them with any other funds.

    (2) Applicability of Other Provisions of Law.--Such funds may be 
obligated and expended notwithstanding provisions of law which are 
inconsistent with the nature of this assistance including provisions 
which are referenced in the Joint Explanatory Statement of the Committee 
of Conference accompanying House Joint Resolution 648 (H. Report No. 98-
1159).
    (3) Notification.--At least fifteen days prior to obligating any 
such cash transfer or nonproject sector assistance, the President shall 
submit a notification through the regular notification procedures of the 
Committees on Appropriations, which shall include a detailed description 
of how the funds proposed to be made available will be used, with a 
discussion of the United States interests that will be served by the 
assistance (including, as appropriate, a description of the economic 
policy reforms that will be promoted by such assistance).
    (4) Exemption.--Nonproject sector assistance funds may be exempt 
from the requirements of subsection (b)(1) only through the notification 
procedures of the Committees on Appropriations.

[[Page 112 STAT. 2681-181]]

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

    Sec. <<NOTE: 50 USC 1701 note.>> 535. None of the funds appropriated 
or otherwise made available pursuant to this Act to carry out the 
Foreign Assistance Act of 1961 (including title IV of chapter 2 of part 
I, relating to the Overseas Private Investment Corporation) or the Arms 
Export Control Act may be used to provide assistance to any country that 
is not in compliance with the United Nations Security Council sanctions 
against Iraq unless the President determines and so certifies to the 
Congress that--
            (1) such assistance is in the national interest of the 
        United States;
            (2) such assistance will directly benefit the needy people 
        in that country; or
            (3) the assistance to be provided will be humanitarian 
         assistance for foreign nationals who have fled Iraq and Kuwait.

    Sec. 536. <<NOTE: 22 USC 2762 note. authorities for the peace corps, 
the inter-american foundation, the african development foundation and 
the international fund for agricultural development>> Direct costs 
associated with meeting a foreign customer's additional or unique 
requirements will continue to be allowable under contracts under section 
22(d) of the Arms Export Control Act. Loadings applicable to such direct 
costs shall be permitted at the same rates applicable to procurement of 
   like items purchased by the Department of Defense for its own use.

    Sec. 537. (a) Unless expressly provided to the contrary, provisions 
of this or any other Act, including provisions contained in prior Acts 
authorizing or making appropriations for foreign operations, export 
financing, and related programs, shall not be construed to prohibit 
activities authorized by or conducted under the Peace Corps Act, the 
Inter-American Foundation Act, or the African

[[Page 112 STAT. 2681-182]]

 Development Foundation Act. The appropriate agency shall promptly 
report to the Committees on Appropriations whenever it is conducting 
activities or is proposing to conduct activities in a country for which 
assistance is prohibited.
    (b) Unless expressly provided to the contrary, limitations on the 
availability of funds for ``International Organizations and Programs'' 
in this or any other Act, including prior appropriations Acts, shall not 
be construed to be applicable to the International Fund for Agricultural 
                              Development.

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

    Sec. 539. <<NOTE: 50 USC 1701 note.>> (a) Restrictions.--None of the 
funds in this or any other Act may be made available to modify or remove 
any sanction, prohibition or requirement with respect to Serbia-
Montenegro unless the President first submits to the Congress a 
certification described in subsection (c).

    (b) International Financial Institutions.--The Secretary of the 
Treasury shall instruct the United States executive directors of the 
international financial institutions to work in opposition to, and vote 
against, any extension by such institutions of any financial or 
technical assistance or grants of any kind to the government of Serbia-
Montenegro, unless the President first submits to the Congress a 
certification described in subsection (c).
    (c) Certification.--A certification described in this subsection is 
a certification that--
            (1) there is substantial improvement in the human rights 
        situation in Kosova;

[[Page 112 STAT. 2681-183]]

            (2) international human rights observers are allowed to 
        return to Kosova;
            (3) Serbian, Serbian-Montenegrin federal government 
        officials, and representatives of the ethnic Albanian community 
        in Kosova have agreed on and begun implementation of a 
        negotiated settlement on the future status of Kosova; and
            (4) the government of Serbia-Montenegro is fully complying 
        with its obligations as a signatory to the General Framework 
        Agreement for Peace in Bosnia-Herzegovina including fully 
        cooperating with the International Criminal Tribunal for the 
        Former Yugoslavia.

    (d) Waiver Authority.--The President may waive the application, in 
whole or in part, of subsections (a) and (b) if he certifies in writing 
to the Congress that the waiver is necessary to meet emergency 
humanitarian needs or to advance negotiations toward a peaceful 
settlement of the conflict in Kosova that is acceptable to the parties.
    (e) Exemption for Montenegro.--This section shall not apply to 
                               Montenegro.

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

    Sec. 541. It is the sense of the Congress that--
            (1) the Arab League countries should immediately and 
        publicly renounce the primary boycott of Israel and the 
        secondary and tertiary boycott of American firms that have 
        commercial ties with Israel;

[[Page 112 STAT. 2681-184]]

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

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

    Sec. 543. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to 
assistance for a country shall not be construed to restrict assistance 
in support of programs of nongovernmental organizations from funds 
appropriated by this Act to carry out the provisions of chapters 1, 10, 
and 11 of part I and chapter 4 of part II of the Foreign Assistance Act 
of 1961, and from funds appropriated under the heading ``Assistance for 
Eastern Europe and the Baltic States'': Provided, That the President 
shall take into consideration, in any case in which a restriction on 
assistance would be applicable but for this subsection, whether 
assistance in support of programs of nongovernmental organizations is in 
the national interest of the United States: Provided further, That 
before using the authority of this subsection to furnish assistance

[[Page 112 STAT. 2681-185]]

in support of programs of nongovernmental organizations, the President 
shall notify the Committees on Appropriations under the regular 
notification procedures of those committees, including a description of 
the program to be assisted, the assistance to be provided, and the 
reasons for furnishing such assistance: Provided further, That nothing 
in this subsection shall be construed to alter any existing statutory 
prohibitions against abortion or involuntary sterilizations contained in 
this or any other Act.
    (b) Public Law 480.--During fiscal year 1999, restrictions contained 
in this or any other Act with respect to assistance for a country shall 
not be construed to restrict assistance under the Agricultural Trade 
Development and Assistance Act of 1954: Provided, That none of the funds 
appropriated to carry out title I of such Act and made available 
pursuant to this subsection may be obligated or expended except as 
provided through the regular notification procedures of the Committees 
on Appropriations.
    (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign Assistance 
        Act or any comparable provision of law prohibiting assistance to 
        countries that support international terrorism; or
            (2) with respect to section 116 of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to countries that violate internationally recognized 
                                  human rights.

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

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

[[Page 112 STAT. 2681-186]]

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

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

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

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

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

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

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

[[Page 112 STAT. 2681-187]]

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

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

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

    Sec. 553. None of the funds appropriated by this Act may be 
obligated for assistance for the Palestine Liberation Organization for 
the West Bank and Gaza unless the President has exercised the authority 
under section 604(a) of the Middle East Peace Facilitation Act of 1995 
(title VI of Public Law 104-107) or any other legislation to suspend or 
make inapplicable section 307 of the Foreign Assistance Act of 1961 and 
that suspension is still in effect: Provided, That if the President 
fails to make the certification under section 604(b)(2) of the Middle 
East Peace Facilitation Act of 1995 or to suspend the prohibition under 
other legislation, funds

[[Page 112 STAT. 2681-188]]

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

    Sec. 554. If the President determines that doing so will contribute 
to a just resolution of charges regarding genocide or other violations 
of international humanitarian law, the President may direct a drawdown 
pursuant to section 552(c) of the Foreign Assistance Act of 1961, as 
amended, of up to $30,000,000 of commodities and services for the United 
Nations War Crimes Tribunal established with regard to the former 
Yugoslavia by the United Nations Security Council or such other 
tribunals or commissions as the Council may establish to deal with such 
violations, without regard to the ceiling limitation contained in 
paragraph (2) thereof: Provided, That the determination required under 
this section shall be in lieu of any determinations otherwise required 
under section 552(c): Provided further, That sixty days after 
the <<NOTE: 22 USC 2656 note.>> date of enactment of this Act, and every 
one hundred eighty days thereafter, the Secretary of State shall submit 
a report to the Committees on Appropriations describing the steps the 
United States Government is taking to collect information regarding 
allegations of genocide or other violations of international law in the 
former Yugoslavia and to furnish that information to the United Nations 
War Crimes Tribunal for the former Yugoslavia: Provided further, That 
the drawdown made under this section for any
tribunal shall not be construed as an endorsement or precedent for the 
establishment of any standing or permanent international criminal 
tribunal or court: Provided further, That funds made available for 
tribunals or commissions other than for Yugoslavia or Rwanda shall be 
made available subject to the regular notification procedures of the 
                      Committees on Appropriations.

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

    Sec. 556. None of the funds appropriated by this Act may be 
obligated or expended to create in any part of Jerusalem a new office of 
any department or agency of the United States Government for the purpose 
of conducting official United States Government business with the 
Palestinian Authority over Gaza and Jericho or any successor Palestinian 
governing entity provided for in the Israel-PLO Declaration of 
Principles: Provided, That this restriction shall not apply to the 
acquisition of additional space for the existing Consulate General in 
Jerusalem: Provided further, That meetings between officers and 
employees of the United States and officials of the Palestinian 
Authority, or any successor Palestinian governing entity provided for in 
the Israel-PLO Declaration of Principles, for the purpose of conducting 
official United States Government business with such authority should 
continue to take place in

[[Page 112 STAT. 2681-189]]

locations other than Jerusalem. As has been true in the past, officers 
and employees of the United States Government may continue to meet in 
Jerusalem on other subjects with Palestinians (including those who now 
occupy positions in the Palestinian Authority), have social contacts, 
                    and have incidental discussions.

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

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

    Sec. 559. (a) Authority To Reduce Debt.--The President may reduce 
amounts owed to the United States (or any agency of the United States) 
by an eligible country as a result of--
            (1) guarantees issued under sections 221 and 222 of the 
        Foreign Assistance Act of 1961;
            (2) credits extended or guarantees issued under the Arms 
        Export Control Act; or
            (3) any obligation or portion of such obligation for a Latin 
        American country, to pay for purchases of United States 
        agricultural commodities guaranteed by the Commodity Credit 
        Corporation under export credit guarantee programs authorized 
        pursuant to section 5(f ) of the Commodity Credit Corporation 
        Charter Act of June 29, 1948, as amended, section 4(b) of the 
        Food for Peace Act of 1966, as amended (Public Law 89-808), or 
        section 202 of the Agricultural Trade Act of 1978, as amended 
        (Public Law 95-501).

    (b) Limitations.--
            (1) The authority provided by subsection (a) may be 
        exercised only to implement multilateral official debt relief ad 
        referendum agreements, commonly referred to as ``Paris Club 
        Agreed Minutes''.
            (2) The authority provided by subsection (a) may be 
        exercised only in such amounts or to such extent as is provided 
        in advance by appropriations Acts.

[[Page 112 STAT. 2681-190]]

            (3) The authority provided by subsection (a) may be 
        exercised only with respect to countries with heavy debt burdens 
        that are eligible to borrow from the International Development 
        Association, but not from the International Bank for 
        Reconstruction and Development, commonly referred to as ``IDA-
        only'' countries.

    (c) Conditions.--The authority provided by subsection (a) may be 
exercised only with respect to a country whose government--
            (1) does not have an excessive level of military 
        expenditures;
            (2) has not repeatedly provided support for acts of 
        international terrorism;
            (3) is not failing to cooperate on international narcotics 
        control matters;
            (4) (including its military or other security forces) does 
        not engage in a consistent pattern of gross violations of 
        internationally recognized human rights; and
            (5) is not ineligible for assistance because of the 
        application of section 527 of the Foreign Relations 
        Authorization Act, Fiscal Years 1994 and 1995.

    (d) Availability of Funds.--The authority provided by subsection (a) 
may be used only with regard to funds appropriated by this Act under the 
heading ``Debt restructuring ''.
    (e) Certain Prohibitions Inapplicable.--A reduction of debt pursuant 
to subsection (a) shall not be considered assistance for purposes of any 
provision of law limiting assistance to a country. The authority 
provided by subsection (a) may be exercised notwithstanding section 
              620(r) of the Foreign Assistance Act of 1961.

    Sec. 560. (a) Loans Eligible for Sale, Reduction, or Cancellation.--
            (1) Authority to sell, reduce, or cancel certain loans.--
        Notwithstanding any other provision of law, the President may, 
        in accordance with this section, sell to any eligible purchaser 
        any concessional loan or portion thereof made before January 1, 
        1995, pursuant to the Foreign Assistance Act of 1961, to the 
        government of any eligible country as defined in section 702(6) 
        of that Act or on receipt of payment from an eligible purchaser, 
        reduce or cancel such loan or portion thereof, only for the 
        purpose of facilitating--
                    (A) debt-for-equity swaps, debt-for-development 
                swaps, or debt-for-nature swaps; or
                    (B) a debt buyback by an eligible country of its own 
                qualified debt, only if the eligible country uses an 
                additional amount of the local currency of the eligible 
                country, equal to not less than 40 percent of the price 
                paid for such debt by such eligible country, or the 
                difference between the price paid for such debt and the 
                face value of such debt, to support activities that link 
                conservation and sustainable use of natural resources 
                with local community development, and child survival and 
                other child development, in a manner consistent with 
                sections 707 through 710 of the Foreign Assistance Act 
                of 1961, if the sale, reduction, or cancellation would 
                not contravene any term or condition of any prior 
                agreement relating to such loan.

[[Page 112 STAT. 2681-191]]

            (2) Terms and conditions.--Notwithstanding any other 
        provision of law, the President shall, in accordance with this 
        section, establish the terms and conditions under which loans 
        may be sold, reduced, or canceled pursuant to this section.
            (3) Administration.--The Facility, as defined in section 
        702(8) of the Foreign Assistance Act of 1961, shall notify the 
        administrator of the agency primarily responsible for 
        administering part I of the Foreign Assistance Act of 1961 of 
        purchasers that the President has determined to be eligible, and 
        shall direct such agency to carry out the sale, reduction, or 
        cancellation of a loan pursuant to this section. Such agency 
        shall make an adjustment in its accounts to reflect the sale, 
        reduction, or cancellation.
            (4) Limitation.--The authorities of this subsection shall be 
        available only to the extent that appropriations for the cost of 
        the modification, as defined in section 502 of the Congressional 
        Budget Act of 1974, are made in advance.

    (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or 
cancellation of any loan sold, reduced, or canceled pursuant to this 
section shall be deposited in the United States Government account or 
accounts established for the repayment of such loan.
    (c) Eligible Purchasers.--A loan may be sold pursuant to subsection 
(a)(1)(A) only to a purchaser who presents plans satisfactory to the 
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
    (d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this section, of 
any loan made to an eligible country, the President should consult with 
the country concerning the amount of loans to be sold, reduced, or 
canceled and their uses for debt-for-equity swaps, debt-for-development 
swaps, or debt-for-nature swaps.
    (e) Availability of Funds.--The authority provided by subsection (a) 
may be used only with regard to funds appropriated by this Act under the 
                    heading ``Debt restructuring ''.

    Sec. 561. (a) Limitation.--Funds appropriated by this Act may be 
made available for assistance for the central Government of Haiti only 
if the President reports to the Committee on Appropriations and the 
Committee on International Relations of the House of Representatives and 
the Committee on Appropriations and the Committee on Foreign Relations 
of the Senate that the Government of Haiti--
            (1) has completed privatization of (or placed under long-
        term private management or concession) three major public 
        entities including the completion of all required incorporating 
        documents, the transfer of assets, and the eviction of 
        unauthorized occupants of the land or facility;
            (2) has re-signed or is implementing the bilateral 
        Repatriation Agreement with the United States and in the 
        preceding six months that the central Government of Haiti is 
        cooperating with the United States in halting illegal emigration 
        from Haiti;
            (3) is conducting thorough investigations of extrajudicial 
        and political killings and has made substantial progress in 
        bringing to justice a person or persons responsible for one or 
        more extrajudicial or political killings in Haiti, and is

[[Page 112 STAT. 2681-192]]

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

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

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

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

[[Page 112 STAT. 2681-193]]

    (f) Administration of Justice Assistance.--(1) The limitation in 
subsection (a) shall not apply to funds appropriated under this Act that 
are made available for the Ministry of Justice for the training of 
judges if the President determines and reports to the Committee on 
Appropriations and the Committee on Foreign Relations of the Senate, and 
the Committee on Appropriations and the Committee on International 
Relations of the House of Representatives, that Haiti's Minister of 
Justice--
            (A) has demonstrated a commitment to the professionalism of 
        judicial personnel by consistently placing students graduated by 
        the Judicial School in appropriate judicial positions and has 
        made a commitment to share program costs associated with the 
        Judicial School; and
            (B) is making progress in making the judicial branch in 
        Haiti independent from the executive branch.

    (2) The limitation in subsection (a) shall not apply to funds to 
support the training of prosecutors, judicial mentoring, legal 
                    assistance, and case management.

    Sec. 562. <<NOTE: 22 USC 2414a note.>> (a) Foreign Aid Reporting 
Requirement.--In addition to the voting practices of a foreign country, 
the report required to be submitted to Congress under section 406(a) of 
the Foreign Relations Authorization Act, fiscal years 1990 and 1991 (22 
U.S.C. 2414a), shall include a side-by-side comparison of individual 
countries' overall support for the United States at the United Nations 
and the amount of United States assistance provided to such country in 
fiscal year 1998.

    (b) United States Assistance.--For purposes of this section, the 
term ``United States assistance'' has the meaning given the term in 
section 481(e)(4) of the Foreign Assistance Act of 1961 (22 U.S.C. 
                              2291(e)(4)).

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

[[Page 112 STAT. 2681-194]]

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

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

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

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

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

    Sec. 568. None of the funds made available by this Act may be 
provided to any unit of the security forces of a foreign country if the 
Secretary of State has credible evidence that such unit has committed 
gross violations of human rights, unless the Secretary determines and 
reports to the Committees on Appropriations that

[[Page 112 STAT. 2681-195]]

the government of such country is taking effective measures to bring the 
responsible members of the security forces unit to justice: Provided, 
That nothing in this section shall be construed to withhold funds made 
available by this Act from any unit of the security forces of a foreign 
country not credibly alleged to be involved in gross violations of human 
rights: Provided further, That in the event that funds are withheld from 
any unit pursuant to this section, the Secretary of State shall promptly 
inform the foreign government of the basis for such action and shall, to 
the maximum extent practicable, assist the foreign government in taking 
effective measures to bring the responsible members of the security 
                           forces to justice.

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

    Sec. 570. (a) Bilateral Assistance.--None of the funds made 
available by this or any prior Act making appropriations for foreign 
operations, export financing and related programs, may be provided for 
any country, entity or canton described in subsection (e).
    (b) Multilateral Assistance.--
            (1) Prohibition.--The Secretary of the Treasury shall 
        instruct the United States executive directors of the 
        international financial institutions to work in opposition to, 
        and vote against, any extension by such institutions of any 
        financial or technical assistance or grants of any kind to any 
        country or entity described in subsection (e).
            (2) Notification.--Not less than 15 days before any vote in 
        an international financial institution regarding the extension 
        of financial or technical assistance or grants to any country or 
        entity described in subsection (e), the Secretary of the 
        Treasury, in consultation with the Secretary of State, shall 
        provide to the Committee on Appropriations and the Committee on 
        Foreign Relations of the Senate and the Committee on 
        Appropriations and the Committee on Banking and Financial 
        Services of the House of Representatives a written justification 
        for the proposed assistance, including an explanation of the 
        United States position regarding any such vote, as well as a 
        description of the location of the proposed assistance by 
        municipality, its purpose, and its intended beneficiaries.
            (3) Definition.--The term ``international financial 
        institution'' includes the International Monetary Fund, the 
        International Bank for Reconstruction and Development, the 
        International Development Association, the International Finance 
        Corporation, the Multilateral Investment Guaranty Agency, and 
        the European Bank for Reconstruction and Development.

    (c) Exceptions.--

[[Page 112 STAT. 2681-196]]

            (1) In general.--Subject to paragraph (2), subsections (a) 
        and (b) shall not apply to the provision of--
                    (A) humanitarian assistance;
                    (B) democratization assistance;
                    (C) assistance for cross border physical 
                infrastructure projects involving activities in both a 
                sanctioned country, entity, or canton and a 
                nonsanctioned contiguous country, entity, or canton, if 
                the project is primarily located in and primarily 
                benefits the nonsanctioned country, entity, or canton 
                and if the portion of the project located in the 
                sanctioned country, entity, or canton is necessary only 
                to complete the project;
                    (D) small-scale assistance projects or activities 
                requested by United States Armed Forces that promote 
                good relations between such forces and the officials and 
                citizens of the areas in the United States SFOR sector 
                of Bosnia;
                    (E) implementation of the Brcko Arbitral Decision;
                    (F) lending by the international financial 
                institutions to a country or entity to support common 
                monetary and fiscal policies at the national level as 
                contemplated by the Dayton Agreement; or
                    (G) direct lending to a non-sanctioned entity, or 
                lending passed on by the national government to a non-
                sanctioned entity.
                    (H) assistance to the International Police Task 
                Force for the training of a civilian police force.
             <<NOTE: Federal Register, publication.>> (2) 
        Notification.--Every 30 days the Secretary of State, in 
        consultation with the Administrator of the Agency for 
        International Development, shall publish in the Federal Register 
        and/or in a comparable publicly accessible document or internet 
        site, a listing and justification of any assistance that is 
        obligated within that period of time for any country, entity, or 
        canton described in subsection (e), including a description of 
        the purpose of the assistance, project and its location, by 
        municipality.

    (d) Further limitations.--Notwithstanding subsection (c)--
            (1) no assistance may be made available by this Act, or any 
        prior Act making appropriations for foreign operations, export 
        financing and related programs, in any country, entity, or 
        canton described in subsection (e), for a program, project, or 
        activity in which a publicly indicted war criminal is known to 
        have any financial or material interest; and
            (2) no assistance (other than emergency foods or medical 
        assistance or demining assistance) may be made available by this 
        Act, or any prior Act making appropriations for foreign 
        operations, export financing and related programs for any 
        program, project, or activity in a community within any country, 
        entity or canton described in subsection (e) if competent 
        authorities within that community are not complying with the 
        provisions of Article IX and Annex 4, Article II, paragraph 8 of 
        the Dayton Agreement relating to war crimes and the Tribunal.

    (e) Sanctioned Country, Entity, or Canton.--A sanctioned country, 
entity, or canton described in this section is one whose competent 
authorities have failed, as determined by the Secretary of State, to 
take necessary and significant steps to apprehend and transfer to the 
Tribunal all persons who have been publicly indicted by the Tribunal.

[[Page 112 STAT. 2681-197]]

    (f) Waiver.--
            (1) In general.--The Secretary of State may waive the 
        application of subsection (a) or subsection (b) with respect to 
        specified bilateral programs or international financial 
        institution projects or programs in a sanctioned country, 
        entity, or canton upon providing a written determination to the 
        Committee on Appropriations and the Committee on Foreign 
        Relations of the Senate and the Committee on Appropriations and 
        the Committee on International Relations of the House of 
        Representatives that such assistance directly supports the 
        implementation of the Dayton Agreement and its Annexes, which 
        include the obligation to apprehend and transfer indicted war 
        criminals to the Tribunal.
            (2) Report.--Not later than 15 days after the date of any 
        written determination under paragraph (1) the Secretary of State 
        shall submit a report to the Committee on Appropriations and the 
        Committee on Foreign Relations of the Senate and the Committee 
        on Appropriations and the Committee on International Relations 
        of the House of Representatives regarding the status of efforts 
        to secure the voluntary surrender or apprehension and transfer 
        of persons indicted by the Tribunal, in accordance with the 
        Dayton Agreement, and outlining obstacles to achieving this 
        goal; and
            (3) Assistance programs and projects affected.--Any waiver 
        made pursuant to this subsection shall be effective only with 
        respect to a specified bilateral program or multilateral 
        assistance project or program identified in the determination of 
        the Secretary of State to Congress.

    (g) Termination of Sanctions.--The sanctions imposed pursuant to 
subsections (a) and (b) with respect to a country or entity shall cease 
to apply only if the Secretary of State determines and certifies to 
Congress that the authorities of that country, entity, or canton have 
apprehended and transferred to the Tribunal all persons who have been 
publicly indicted by the Tribunal.
    (h) Definitions.--As used in this section--
            (1) Country.--The term ``country'' means Bosnia-Herzegovina, 
        Croatia, Serbia, and Montenegro.
            (2) Entity.--The term ``entity'' refers to the Federation of 
        Bosnia and Herzegovina and the Republika Srpska.
            (3) Canton.--The term ``canton'' means the administrative 
        units in Bosnia and Herzegovina.
            (4) Dayton agreement.--The term ``Dayton Agreement'' means 
        the General Framework Agreement for Peace in Bosnia and 
        Herzegovina, together with annexes relating thereto, done at 
        Dayton, November 10 through 16, 1995.
            (5) Tribunal.--The term ``Tribunal'' means the International 
        Criminal Tribunal for the Former Yugoslavia.

    (i) Role of Human Rights Organizations and Government Agencies.--In 
carrying out this section, the Secretary of State, the Administrator of 
the Agency for International Development, and the executive directors of 
the international financial institutions shall consult with 
representatives of human rights organizations and all government 
agencies with relevant information to help prevent publicly indicted war 
criminals from benefitting from any financial or technical assistance or 
grants provided to any country or entity described in subsection (e).

[[Page 112 STAT. 2681-198]]

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

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

    Sec. 573. (a) Funds made available in this Act to support programs 
or activities promoting country participation in the Kyoto Protocol to 
the Framework Convention on Climate Change
(FCCC) shall only be made available subject to the regular notification 
procedures of the Committees on Appropriations.

    (b) The President shall provide a detailed account of all Federal 
agency obligations and expenditures for climate change programs and 
activities, domestic and international, for fiscal year 1998, planned 
obligations for such activities in fiscal year 1999, and any plan for 
programs thereafter related to the implementation or the furtherance of 
protocols pursuant to, or related to negotiations to amend the FCCC in 
conjunction with the President's submission of the Budget of the United 
States Government for Fiscal Year 2000: Provided, That such report shall 
include an accounting of expenditures by agency with each agency 
identifying climate change activities and associated costs by line item 
            as presented in the President's Budget Appendix.

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

[[Page 112 STAT. 2681-199]]

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

    Sec. 575. (a) None of the funds appropriated by this Act may be 
provided for assistance for the central Government of the Democratic 
Government of Congo until such time as the President reports in writing 
to the Congress that the central Government is--
            (1) investigating and prosecuting those responsible for 
        human rights violations committed in the Democratic Republic of 
        Congo; and
            (2) implementing a credible democratic transition program.

    (b) This section shall not apply to assistance to promote democracy 
and the rule of law as part of a plan to implement a credible democratic 
                           transition program.

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

[[Page 112 STAT. 2681-200]]

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

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

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

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

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

[[Page 112 STAT. 2681-201]]

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

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

[[Page 112 STAT. 2681-202]]

provides written policy justifications to the appropriate congressional 
committees prior to his exercise of such waiver. No funds may be 
obligated for KEDO until 30 days after submission to Congress of such 
waiver.

    (e) Not later than January 1, 1999, the President shall name a 
``North Korea Policy Coordinator'', who shall conduct a full and 
complete interagency review of United States policy toward North Korea, 
shall provide policy direction for negotiations with North Korea related 
to nuclear weapons, ballistic missiles, and other security related 
issues, and shall also provide leadership for United States 
participation in KEDO.
      (f) The Secretary of State shall submit to the appropriate 
congressional committees an annual report (to be submitted with the 
annual presentation for appropriations) providing a full and detailed 
accounting of the fiscal year request for the United States contribution 
to KEDO, the expected operating budget of the KEDO, to include unpaid 
debt, proposed annual costs associated with heavy fuel oil purchases, 
and the amount of funds pledged by other donor nations and organizations 
to support KEDO activities on a per country basis, and other related 
activities.
      (g) The Secretary of Defense shall submit to the appropriate 
congressional committees an annual report on the degree to which KEDO's 
mission and the Agreed Framework continue to promote important United 
States national security interests, contribute to delaying North Korean 
indigenous development of nuclear weapons-related technology, and 
     positively impact the level of tension on the Korean Peninsula.

    Sec. 583. <<NOTE: 22 USC 262r note.>> (a) Notwithstanding any other 
provision of law, each annual report required by subsection 1701(a) of 
the International Financial Institutions Act, as amended (Public Law 95-
118, 22 U.S.C. 262r), shall comprise--
            (1) an assessment of the effectiveness of the major policies 
        and operations of the international financial institutions;
            (2) the major issues affecting United States participation;
            (3) the major developments in the past year;
            (4) the prospects for the coming year;
            (5) the progress made and steps taken to achieve United 
        States policy goals (including major policy goals embodied in 
        current law) with respect to the international financial 
        institutions; and
            (6) such data and explanations concerning the effectiveness, 
        operations, and policies of the international financial 
        institutions, such recommendations concerning the international 
        financial institutions, and such other data and material as the 
        Chairman may deem appropriate.

    (b) The requirements of Sections 1602(e), 1603(c), 1604(c), and 
1701(b) of the International Financial Institutions Act, as amended 
(Public Law 95-118, 22 U.S.C. 262p-1, 262p-2, 262p-3 and 262(r)), 
Section 2018(c) of the International Narcotics Control Act of 1986, as 
amended (Public Law 99-570, 22 U.S.C. 2291 note), Section 407(c) of the 
Foreign Debt Reserving Act of 1989 (Public Law 101-240, 22 U.S.C. 2291 
note), Section 14(c) of the Inter-American Development Bank Act, as 
amended (Public Law 86-147, 22 U.S.C. 283j-1(c)), and Section 1002 of 
the Freedom for Russia and

[[Page 112 STAT. 2681-203]]

Emerging Eurasian Democracies and Open Markets Support Act of 1992 
(Public Law 102-511) (22 U.S.C. 286ll(b)) shall no longer apply to the 
                    contents of such annual reports.

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

    Sec. 585. (a) Findings.--Congress finds that--
            (1) Iraq is continuing efforts to mask the extent of its 
        weapons of mass destruction and missile programs;
            (2) proposals to relax the current international inspection 
        regime would have potentially dangerous consequences for 
        international security; and
            (3) Iraq has demonstrated time and again that it cannot be 
        trusted to abide by international norms or by its own 
        agreements, and that the only way the international community 
        can be assured of Iraqi compliance is by ongoing inspection.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the international agencies charged with inspections in 
        Iraq--the International Atomic Energy Agency (IAEA) and the 
        United Nations Special Commission (UNSCOM) should maintain 
        vigorous inspections, including surprise inspections, within 
        Iraq; and
            (2) the United States should oppose any efforts to ease the 
        inspections regimes on Iraq until there is clear, credible 
        evidence that the Government of Iraq is in full compliance with 
        all relevant United Nations' resolutions.

    (c) Report.--Not later than 30 days after the date of enactment of 
this Act, the President shall submit a report to Congress on the United 
States Government's assessment of Iraq's nuclear and other weapons of 
mass destruction programs and its efforts to move toward procurement of 
nuclear weapons and the means to deliver weapons of mass destruction. 
The report shall also--
            (1) assess the United States view of the International 
        Atomic Energy Agency's action team reports and other IAEA 
        efforts to monitor the extent and nature of Iraq's nuclear 
        program; and
            (2) include the United States Government's opinion on the 
        value of maintaining the ongoing inspection regime rather than 
                 replacing it with a passive monitoring system.

    Sec. 586. (a) The Congress finds that--
            (1) according to the Department of State, Iran continues to 
        support international terrorism, providing training, financing, 
        and weapons to such terrorist groups as Hizballah, Islamic Jihad 
        and Hamas;
            (2) Iran continues to oppose the Arab-Israeli peace process 
        and refuses to recognize Israel's right to exist;

[[Page 112 STAT. 2681-204]]

            (3) Iran continues aggressively to seek weapons of mass 
        destruction and the missiles to deliver them;
            (4) it is long-standing United States policy to offer 
        official government-to-government dialogue with the Iranian 
        regime, such offers having been repeatedly rebuffed by Tehran;
            (5) more than a year after the election of President 
        Khatemi, Iranian foreign policy continues to threaten American 
        security and that of our allies in the Middle East; and
            (6) despite repeated offers and tentative steps toward 
        rapprochement with Iran by the Clinton Administration, including 
        a decision to waive sanctions under the Iran-Libya Sanctions Act 
        and the President's veto of the Iran Missile Proliferation 
        Sanctions Act, Iran has failed to reciprocate in a meaningful 
        manner.

    (b) Therefore it is the sense of the Congress that--
            (1) the Administration should make no concessions to the 
        Government of Iran unless and until that government moderates 
        its objectionable policies, including taking steps to end its 
        support of international terrorism, opposition to the Middle 
        East peace process, and the development and proliferation of 
        weapons of mass destruction and their means of delivery; and
            (2) there should be no change in United States policy toward 
        Iran until there is credible and sustained evidence of a change 
                              in Iranian policies.

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

    (b) Transfer and Allocation of Appropriations and Personnel.--There 
are transferred to the
Office of Security all security functions exercised by the Office of 
Inspector General of the Agency for International Development exercised 
before the date of enactment of this Act. The Administrator shall 
transfer from the Office of the Inspector General of such Agency to the 
Office of Security established by subsection (a), the personnel 
(including the Senior Executive Service position designated for the 
Assistant Inspector General for Security), assets, liabilities, grants, 
contracts, property, records, and unexpended balances of appropriations, 
and other funds held, used, available to, or to be made available in 
connection with such functions. Unexpended balances of appropriations, 
and other funds made available or to be made available in connection 
with such functions, shall be transferred to and merged with funds 
appropriated by this Act under the heading ``Operating Expenses of the 
Agency for International Development''.

    (c) Transfer of Employees.--Any employee in the career service who 
is transferred pursuant to this section shall be placed in a position in 
the Office of Security established by subsection (a) which is comparable 
to the position the employee held in the Office of the Inspector General 
of the Agency for International Development.

[[Page 112 STAT. 2681-205]]

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

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

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

[[Page 112 STAT. 2681-206]]

``SEC. 129. <<NOTE: 22 USC 2151aa.>> PROGRAM TO PROVIDE TECHNICAL 
            ASSISTANCE TO FOREIGN GOVERNMENTS AND FOREIGN CENTRAL BANKS 
            OF DEVELOPING OR TRANSITIONAL COUNTRIES.

    ``(a) Establishment of Program.--
            ``(1) In general.--Not later than 150 days after the date of 
        the enactment of this section, the Secretary of the Treasury, 
        after consultation with the Secretary of State and the 
        Administrator of the United States Agency for International 
        Development, is authorized to establish a program to provide 
        technical assistance to foreign governments and foreign central 
        banks of developing or transitional countries.
            ``(2) Role of secretary of state.--The Secretary of State 
        shall provide foreign policy guidance to the Secretary to ensure 
        that the program established under this subsection is 
        effectively integrated into the foreign policy of the United 
        States.

    ``(b) Conduct of Program.--
            ``(1) In general.--In carrying out the program established 
        under subsection (a), the Secretary shall provide economic and 
        financial technical assistance to foreign governments and 
        foreign central banks of developing and transitional countries 
        by providing advisers with appropriate expertise to advance the 
        enactment of laws and establishment of administrative procedures 
        and institutions in such countries to promote macroeconomic and 
        fiscal stability, efficient resource allocation, transparent and 
        market-oriented processes and sustainable private sector growth.
            ``(2) Additional requirements.--To the extent practicable, 
        such technical assistance shall be designed to establish--
                    ``(A) tax systems that are fair, objective, and 
                efficiently gather sufficient revenues for governmental 
                operations;
                    ``(B) debt issuance and management programs that 
                rely on market forces;
                    ``(C) budget planning and implementation that 
                permits responsible fiscal policy management;
                    ``(D) commercial banking sector development that 
                efficiently intermediates between savers and investors; 
                and
                    ``(E) financial law enforcement to protect the 
                integrity of financial systems, financial institutions, 
                and government programs.

    ``(c) Administrative Requirements.--In carrying out the program 
established under subsection (a), the Secretary--
            ``(1) shall establish a methodology for identifying and 
        selecting foreign governments and foreign central banks to 
        receive assistance under the program;
            ``(2) prior to selecting a foreign government or foreign 
        central bank to receive assistance under the program, shall 
        receive the concurrence of the Secretary of State with respect 
        to the selection of such government or central bank and with 
        respect to the cost of the assistance to such government or 
        central bank;
            ``(3) shall consult with the heads of appropriate Executive 
        agencies of the United States, including the Secretary of State 
        and the Administrator of the United States Agency for 
        International Development, and appropriate international 
        financial institutions to avoid duplicative efforts with respect 
        to those foreign countries for which such agencies or 
        organizations provide similar assistance;

[[Page 112 STAT. 2681-207]]

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

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

[[Page 112 STAT. 2681-208]]

                    ``(E) expenses of preparing and transporting to 
                their former homes or places of burial the remains of 
                foreign participants or members of the family of foreign 
                participants, who may die while such participants are 
                away from their homes participating in activities 
                carried out with funds covered by this section;
                    ``(F) notwithstanding any other provision of law, 
                transportation and payment of per diem in lieu of 
                subsistence to foreign participants engaged in 
                activities of the program under this section while such 
                participants are away from their homes in countries 
                other than the United States, at rates not in excess of 
                those prescribed by the standardized Government travel 
                regulations;
                    ``(G) expenses in connection with travel of 
                personnel outside the United States, including travel 
                expenses of dependents (including expenses during 
                necessary stop-overs while engaged in such travel), and 
                transportation of personal effects, household goods, and 
                automobiles of such personnel when any part of such 
                travel or transportation begins in one fiscal year 
                pursuant to travel orders issued in that fiscal year, 
                notwithstanding the fact that such travel or 
                transportation may not be completed during the same 
                fiscal year, and cost of transporting automobiles to and 
                from a place of storage, and the cost of storing 
                automobiles of such personnel when it is in the public 
                interest or more economical to authorize storage; and
                    ``(H) grants to, and cooperative agreements and 
                contracts with, any individual, corporation, or other 
                body of persons, nonprofit organization, friendly 
                government or government agency, whether within or 
                without the United States, and international 
                organizations, as the Secretary determines is 
                appropriate to carry out the purposes of this section.
            ``(4) Whenever the Secretary determines it to be consistent 
        with the purposes of this section, the Secretary is authorized 
        to furnish services and commodities on an advance-of-funds basis 
        to any friendly country or international organization that is 
        not otherwise prohibited from receiving assistance under this 
        Act. Such advances may be credited to the currently applicable 
        appropriation, account, or fund of the Department of the 
        Treasury and shall be available for the purposes for which such 
        appropriation, account, or fund is authorized to be used.

    ``(e) Issuance of Regulations.--The Secretary is authorized to issue 
such regulations with respect to personal service contractors as the 
Secretary deems necessary to carry out this section.
    ``(f) Rule of Construction.--Nothing in this section shall be 
construed to infringe upon the powers or functions of the Secretary of 
State (including the powers or functions described in section 103 of the 
Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 
4802)) or of any chief of mission (including the powers or functions 
described in section 207 of the Foreign Service Act of 1980 (22 U.S.C. 
3927)).
    ``(g) Termination of Assistance.--The Secretary shall conclude 
assistance activities for a recipient foreign government or foreign 
central bank under the program established under subsection (a) if the 
Secretary, after consultation with the appropriate

[[Page 112 STAT. 2681-209]]

officers of the United States, determines that such assistance has 
resulted in the enactment of laws or the establishment of institutions 
in that country that promote fiscal stability and administrative 
procedures, efficient resource allocation, transparent and market-
oriented processes and private sector growth in a sustainable manner.

    ``(h) Report.--
            ``(1) In general.--Not later than 3 months after the date of 
        the enactment of this section, and every 6 months thereafter, 
        the Secretary shall prepare and submit to the appropriate 
        congressional committees a report on the conduct of the program 
        established under this section during the preceding 6-month 
        period.
            ``(2) Definition.--In this subsection, the term `appropriate 
        congressional committees' means--
                    ``(A) the Committee on International Relations and 
                the Committee on Appropriations of the House of 
                Representatives; and
                    ``(B) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate.

    ``(i) Definitions.--In this section:
            ``(1) Developing or transitional country.--The term 
        `developing or transitional country' means a country eligible to 
        receive development assistance under this chapter.
            ``(2) International financial institution.--The term 
        `international financial institution' means the International 
        Monetary Fund, the International Bank for Reconstruction and 
        Development, the International Development Association, the 
        International Finance Corporation, the Multilateral Investment 
        Guarantee Agency, the Asian Development Bank, the African 
        Development Bank, the African Development Fund, the Inter-
        American Development Bank, the Inter-American Investment 
        Corporation, the European Bank for Reconstruction and 
        Development, and the Bank for Economic Cooperation and 
        Development in the Middle East and North Africa.
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of the Treasury.
            ``(4) Technical assistance.--The term `technical assistance' 
        includes--
                    ``(A) the use of short-term and long-term expert 
                advisers to assist foreign governments and foreign 
                central banks for the purposes described in subsection 
                (b)(1);
                    ``(B) training in the recipient country, the United 
                States, or elsewhere for the purposes described in 
                subsection (b)(1);
                    ``(C) grants of goods, services, or funds to foreign 
                governments and foreign central banks;
                    ``(D) grants to United States nonprofit 
                organizations to provide services or products which 
                contribute to the provision of advice to foreign 
                governments and foreign central banks; and
                    ``(E) study tours for foreign officials in the 
                United States or elsewhere for the purpose of providing 
                technical information to such officials.
            ``(5) Foreign participant.--The term `foreign participant' 
        means the national of a developing or transitional country that 
        is receiving assistance under the program established

[[Page 112 STAT. 2681-210]]

        under subsection (a) who has been designated to participate in 
        activities under such program.

    ``(j) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section $5,000,000 for fiscal year 1999.
            ``(2) Availability of amounts.--Amounts authorized to be 
        appropriated under paragraph (1) are authorized to remain 
        available until expended.''.

    (b) Transportation of Remains, Dependents, and Effects of United 
States Government Employees; Death Occurring Away From Official Station 
Abroad.--Section 5742(b) of title 5, United States Code, is amended--
            (1) in paragraph (1), by striking the ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) the travel expenses of not more than 2 persons to 
        escort the remains of a deceased employee, if death occurred 
        while the employee was in travel status away from his official 
        station in the United States or while performing official duties 
        outside the United States or in transit thereto or therefrom, 
        from the place of death to the home or official station of such 
        person, or such other place appropriate for interment as is 
               determined by the head of the agency concerned.''.

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

    Sec. 591. (a) Establishment of National Commission on Terrorism.--
            (1) Establishment.--There is established a national 
        commission on terrorism to review counter-terrorism policies 
        regarding the prevention and punishment of international acts of 
        terrorism directed at the United States. The commission shall be 
        known as ``The National Commission on Terrorism''.
            (2) Composition.--The commission shall be composed of 10 
        members appointed as follows:
                    (A) Three members shall be appointed by the Majority 
                Leader of the Senate.

[[Page 112 STAT. 2681-211]]

                    (B) Three members shall be appointed by the Speaker 
                of the House of Representatives.
                    (C) Two members shall be appointed by the Minority 
                Leader of the Senate.
                    (D) Two members shall be appointed by the Minority 
                Leader of the House of Representatives.
                    (E) The appointments of the members of the 
                commission should be made no later than 3 months after 
                the date of the enactment of this Act.
            (3) Qualifications.--The members should have a knowledge and 
        expertise in matters to be studied by the commission.
            (4) Chair.--The Speaker of the House of Representatives, 
        after consultation with the majority leader of the Senate and 
        the minority leaders of the House of Representatives and the 
        Senate, shall designate one of the members of the Commission to 
        serve as chair of the Commission.
            (5) Period of appointment: vacancies.--Members shall be 
        appointed for the life of the Commission. Any vacancy in the 
        Commission shall be filled in the same manner as the original 
        appointment.
            (6) Security clearances.--All Members of the Commission 
        should hold appropriate security clearances.

    (b) Duties.--
            (1) In general.--The commission shall consider issues 
        relating to international terrorism directed at the United 
        States as follows:
                    (A) Review the laws, regulations, policies, 
                directives, and practices relating to counterterrorism 
                in the prevention and punishment of international 
                terrorism directed towards the United States.
                    (B) Assess the extent to which laws, regulations, 
                policies, directives, and practices relating to 
                counterterrorism have been effective in preventing or 
                punishing international terrorism directed towards the 
                United States. At a minimum, the assessment should 
                include a review of the following:
                          (i) Evidence that terrorist organizations have 
                      established an infrastructure in the western 
                      hemisphere for the support and conduct of 
                      terrorist activities.
                          (ii) Executive branch efforts to coordinate 
                      counterterrorism activities among Federal, State, 
                      and local agencies and with other nations to 
                      determine the effectiveness of such coordination 
                      efforts.
                          (iii) Executive branch efforts to prevent the 
                      use of nuclear, biological, and chemical weapons 
                      by terrorists.
                    (C) Recommend changes to counterterrorism policy in 
                preventing and punishing international terrorism 
                directed toward the United States.
            (2) Report.--Not later than 6 months after the date on which 
        the Commission first meets, the Commission shall submit to the 
        President and the Congress a final report of the findings and 
        conclusions of the commission, together with any 
        recommendations.

    (c) Administrative Matters.--
            (1) Meetings.--

[[Page 112 STAT. 2681-212]]

                    (A) The commission shall hold its first meeting on a 
                date designated by the Speaker of the House which is not 
                later than 30 days after the date on which all members 
                have been appointed.
                    (B) After the first meeting, the commission shall 
                meet upon the call of the chair.
                    (C) A majority of the members of the commission 
                shall constitute a quorum, but a lesser number may hold 
                meetings.
            (2) Authority of individuals to act for commission.--Any 
        member or agent of the commission may, if authorized by the 
        commission, take any action which the commission is authorized 
        to take under this section.
            (3) Powers.--
                    (A) The commission may hold such hearings, sit and 
                act at such times and places, take such testimony, and 
                receive such evidence as the commission considers 
                advisable to carry out its duties.
                    (B) The commission may secure directly from any 
                agency of the Federal Government such information as the 
                commission considers necessary to carry out its duties. 
                Upon the request of the chair of the commission, the 
                head of a department or agency shall furnish the 
                requested information expeditiously to the commission.
                    (C) The commission may use the United States mails 
                in the same manner and under the same conditions as 
                other departments and agencies of the Federal 
                Government.
            (4) Pay and expenses of commission members.--
                    (A) Subject to appropriations, each member of the 
                commission who is not an employee of the government 
                shall be paid at a rate not to exceed the daily 
                equivalent of the annual rate of basic pay prescribed 
                for level IV of the Executive Schedule under section 
                5315 of title 5, United States Code, for each day 
                (including travel time) during which such member is 
                engaged in performing the duties of the commission.
                    (B) Members and personnel for the commission may 
                travel on aircraft, vehicles, or other conveyances of 
                the Armed Forces of the United States when travel is 
                necessary in the performance of a duty of the commission 
                except when the cost of commercial transportation is 
                less expensive.
                    (C) The members of the commission may be allowed 
                travel expenses, including per diem in lieu of 
                subsistence, at rates authorized for employees of 
                agencies under subchapter I of chapter 57 of title 5, 
                United States Code, while away from their homes or 
                regular places of business in the performance of 
                services for the commission.
                    (D)(i) A member of the commission who is an 
                annuitant otherwise covered by section 8344 of 8468 of 
                title 5, United States Code, by reason of membership on 
                the commission shall not be subject to the provisions of 
                such section with respect to membership on the 
                commission.
                    (ii) A member of the commission who is a member or 
                former member of a uniformed service shall not be 
                subject to the provisions of subsections (b) and (c) of 
                section

[[Page 112 STAT. 2681-213]]

                5532 of such title with respect to membership on the 
                commission.
            (5) Staff and administrative support.--
                    (A) The chairman of the commission may, without 
                regard to civil service laws and regulations, appoint 
                and terminate an executive director and up to three 
                additional staff members as necessary to enable the 
                commission to perform its duties. The chairman of the 
                commission may fix the compensation of the executive 
                director and other personnel without regard to the 
                provisions of chapter 51, and subchapter III of chapter 
                53, of title 5, United States Code, relating to 
                classification of positions and General Schedule pay 
                rates, except that the rate of pay may not exceed the 
                maximum rate of pay for GS-15 under the General 
                Schedule.
                    (B) Upon the request of the chairman of the 
                commission, the head of any department or agency of the 
                Federal Government may detail, without reimbursement, 
                any personnel of the department or agency to the 
                commission to assist in carrying out its duties. The 
                detail of an employee shall be without interruption or 
                loss of civil service status or privilege.

    (d) Termination of Commission.--The commission shall terminate 30 
days after the date on which the commission submits a final report.
    (e) Funding.--There are authorized to be appropriated such sums as 
      may be necessary to carry out the provisions of this section.

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

    Sec. 593. (a) Political and Economic Reform.--It is the sense of 
Congress that--
            (1) expanding the availability of wheat, wheat products, and 
        rice for distribution to the most needy and vulnerable 
        Indonesians is vital to the well-being of all Indonesians;
            (2) the Administration should adopt a more active approach 
        in support of democratic institutions and processes in Indonesia 
        and provide assistance for continued economic and political 
        development in Indonesia, including--
                    (A) support for humanitarian programs;
                    (B) leading a multinational effort to expand 
                humanitarian and food aid programs to meet the needs of 
                Indonesia;
                    (C) working with international financial 
                institutions to recapitalize and reform the banking 
                system, restructure corporate debt, and introduce 
                economic and legal transparency in Indonesia;
                    (D) urging the Government of Indonesia to remove, to 
                the maximum extent possible, barriers to trade and

[[Page 112 STAT. 2681-214]]

                investment which impede economic recovery in Indonesia, 
                including tariffs, quotas, export taxes, nontariff 
                barriers, and prohibitions against foreign ownership and 
                investment;
                    (E) urging the Government of Indonesia to--
                          (i) recognize and protect the participation of 
                      all Indonesians, including ethnic and religious 
                      minorities, in the political and economic life of 
                      Indonesia; and
                          (ii) release individuals detained or 
                      imprisoned for their political views;
                    (F) supporting efforts to establish a timetable for 
                elections and building democracy by strengthening 
                political parties and institutions and the rule of law 
                including the repeal of laws and regulations that 
                discriminate on the basis of religion or ethnicity.

    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Secretary of State shall submit to the Committees on 
Appropriations a report containing a description and assessment of the 
actions taken by the Government of the United States and the Government 
of Indonesia to further the objectives referred to in subsection (a).
    (c) Ethnic Violence.--It is the sense of Congress that--
            (1) the mistreatment of ethnic Chinese in Indonesia and the 
        criminal acts carried out against them during the May 1998 riots 
        in Indonesia are deplorable and condemned;
            (2) a full and fair investigation of such criminal acts 
        should be completed by the earliest possible date, and those 
        identified as responsible for perpetrating such criminal acts 
        should be brought to justice;
            (3) the investigation by the Government of Indonesia, 
        through its Military Honor Council, of those members of the 
        armed forces of Indonesia suspected of possible involvement in 
        the May 1998 riots, and of any member of the armed forces of 
        Indonesia who may have participated in criminal acts against the 
        people of Indonesia during the riots, is commended and should be 
        supported;
            (4) the Government of Indonesia should take action to 
        assure--
                    (A) the implementation of appropriate measures to 
                prevent ethnic-related violence and rapes in Indonesia 
                and to protect the human rights and physical safety of 
                the ethnic Chinese community in Indonesia; and
                    (B) the provision of just compensation for victims 
                of the rape and violence that occurred during the May 
                1998 riots in Indonesia, including medical care;
            (5) the Administration and the United Nations should 
        continue to support and assist the Government of Indonesia and 
        nongovernmental organizations, in the investigations into the 
        May 1998 riots in Indonesia in order to expedite such 
        investigations.

    (d) Report.--(1) Not later than 6 months after the date of enactment 
of this Act, the Secretary of State shall submit to Congress a report 
containing the following:
            (A) An assessment of--
                    (i) whether or not there was a systematic and 
                organized campaign of violence, including the use of 
                rape, against the ethnic Chinese community in Indonesia 
                during the May 1998 riots in Indonesia; and

[[Page 112 STAT. 2681-215]]

                    (ii) the level and degree of participation, if any, 
                of members of the Government or armed forces of 
                Indonesia in the riots.
            (B) An assessment of the actions taken by the Government of 
        Indonesia to investigate the May 1998 riots in Indonesia, bring 
        the perpetrators of the riots to justice, and ensure that 
                           similar riots do not recur.

    Sec. 594. <<NOTE: 22 USC 2753 note.>> (a) Notification.--No less 
than 15 days prior to the export to any country identified pursuant to 
subparagraph (C) of any lethal defense article or service in the amount 
of $14,000,000 or less, the President shall provide a detailed 
notification to the Committees on Appropriations and Foreign Relations 
of the Senate and the Committees on Appropriations and International 
Relations of the House of Representatives.

    (b) Content of Notification.--A detailed notification transmitted 
pursuant to subparagraph (a) shall include the same type and quantity of 
information required of a notification submitted pursuant to section 
36(b) of the Arms Export Control Act (22 U.S.C. 2776(b)).
    (c) Countries Defined.--This section shall apply to any country that 
is--
            (1) identified in section 521 of the annual appropriations 
        Act for Foreign Operations, Export Financing, and Related 
        Programs, or a comparable provision in a subsequent 
        appropriations Act; or
            (2) currently ineligible, in whole or in part, under an 
        annual appropriations Act to receive funds for International 
        Military Education and Training or under the Foreign Military 
        Financing Program, excluding high-income countries as defined 
        pursuant to section 546(b) of the Foreign Assistance Act of 
        1961.

    (d) Exclusions.--Information reportable under title V of the 
National Security Act of 1947 is excluded from the requirements of this 
                                section.

    Sec. 595. (a) Findings.--Congress makes the following findings--
            (1) the December 2, 1980 brutal assault and murder of four 
        American churchwomen by members of the Salvadoran National Guard 
        was covered up and never fully investigated;
            (2) on July 22 and July 23, 1998, Salvadoran authorities 
        granted three of the National Guardsmen convicted of the crimes 
        early release from prison;
            (3) the United Nations Truth Commission for El Salvador 
        determined in 1993 that there was sufficient evidence that the 
        Guardsmen were acting on orders from their superiors;
            (4) in March 1998, four of the convicted Guardsmen confessed 
        that they acted after receiving orders from their superiors;
            (5) recently declassified documents from the State 
        Department show that United States Government officials were 
        aware of information suggesting the involvement of superior 
        officers in the murders;

[[Page 112 STAT. 2681-216]]

            (6) United States officials granted permanent residence to a 
        former Salvadoran military official involved in the cover-up of 
        the murders, enabling him to remain in Florida; and
            (7) despite the fact that the murders occurred over 17 years 
        ago, the families of the four victims continue to seek the 
        disclosure of information relevant to the murders.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) information relevant to the murders should be made 
        public to the fullest extent possible;
            (2) the Secretary of State and the Department of State are 
        to be commended for fully releasing information regarding the 
        murders to the victims' families and to the American public, in 
        prompt response to congressional requests;
            (3) the President should order all other Federal agencies 
        and departments that possess relevant information to make every 
        effort to declassify and release to the victims' families 
        relevant information as expeditiously as possible;
            (4) in making determinations concerning the declassification 
        and release of relevant information, the Federal agencies and 
        departments should presume in favor of releasing, rather than of 
        withholding, such information; and
            (5) the President should direct the Attorney General to 
        review the circumstances under which individuals involved in 
        either the murders or the cover-up of the murders obtained 
        residence in the United States, and the Attorney General should 
        submit a report to the Congress on the results of such review 
                         not later than January 1, 1999.

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

[[Page 112 STAT. 2681-217]]

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

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

    Sec. 597. (a) Findings.--Congress finds that--
            (1) many children in the United States have been abducted by 
        family members who are foreign nationals and living in foreign 
        countries;

[[Page 112 STAT. 2681-218]]

            (2) children who have been abducted by an estranged father 
        are very rarely returned, through legal remedies, from countries 
        that only recognize the custody rights of the father;
            (3) there are at least 140 cases that need to be resolved in 
        which children have been abducted by family members and taken to 
        foreign countries;
            (4) although the Convention on the Civil Aspects of 
        International Child Abduction, done at The Hague on October 25, 
        1980, has made progress in aiding the return of abducted 
        children, the Convention does not address the criminal aspects 
        of child abduction, and there is a need to reach agreements 
        regarding child abduction with countries that are not parties to 
        the Convention; and
            (5) decisions on awarding custody of children should be made 
        in the children's best interest, and persons who violate laws of 
        the United States by abducting their children should not be 
        rewarded by being granted custody of those children.

    (b) Sense of the Congress.--It is the sense of the Congress that the 
United States Government should promote international cooperation in 
working to resolve those cases in which children in the United States 
are abducted by family members who are foreign nationals and taken to 
foreign countries, and in seeing that justice is served by holding 
accountable the abductors for violations of criminal law.

          TITLE VI--INTERNATIONAL FINANCIAL PROGRAMS AND REFORM

                   Funds Appropriated to the President

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

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

                     General Provisions--This Title

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

[[Page 112 STAT. 2681-219]]

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

[[Page 112 STAT. 2681-220]]

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

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

    (b) Before each disbursement of Fund resources to the Republic of 
Korea under the Arrangement, the Secretary of the Treasury shall report 
to the appropriate committees on whether a certification by the 
           Secretary pursuant to subsection (a) is in effect.

     <<NOTE: Establishment. 22 USC 262r note<plus-minus>.>> Sec. 603. 
(a) In General.--The Secretary of the Treasury shall establish an 
International Financial Institution Advisory Commission (in this section 
referred to as the ``Commission'').

    (b) Membership.--
            (1) In general.--The Commission shall be composed of 11 
        members, as follows:
                    (A) 3 members appointed by the Speaker of the House 
                of Representatives.
                    (B) 3 members appointed by the Majority Leader of 
                the Senate.
                    (C) 5 members appointed jointly by the Minority 
                Leader of the House of Representatives and the Minority 
                Leader of the Senate.
            (2) Timing of appointments.--All appointments to the 
        Commission shall be made not later than 45 days after the date 
        of enactment of this Act.
            (3) Chairman.--The Majority Leader of the Senate, after 
        consultation with the Speaker of the House of Representatives 
        and the Minority Leaders of the House of Representatives and the 
        Senate, shall designate 1 of the members of the Commission to 
        serve as Chairman of the Commission.

[[Page 112 STAT. 2681-221]]

    (c) Qualifications.--
            (1) Expertise.--Members of the Commission shall be appointed 
        from among those with knowledge and expertise in the workings of 
        the international financial institutions (as defined in section 
        1701(c)(2) of the International Financial Institutions Act), the 
        World Trade Organization, and the Bank for International 
        Settlements.
            (2) Former affiliation.--At least 4 members of the 
        Commission shall be individuals who were officers or employees 
        of the Executive Branch before January 20, 1992, and not more 
        than half of such 4 members shall have served under Presidents 
        from the same political party.

    (d) Period of Appointment; Vacancies.--Members shall be appointed 
for the life of the Commission. Any vacancy in the Commission shall be 
filled in the same manner as the original appointment was made.
    (e) Duties of the Commission.--The Commission shall advise and 
report to the Congress on the future role and responsibilities of the 
international financial institutions (as defined in section 1701(c)(2) 
of the International Financial Institutions Act), the World Trade 
Organization, and the Bank for International Settlements. In carrying 
out such duties, the Commission shall meet with and advise the Secretary 
of the Treasury or the Deputy Secretary of the Treasury, and shall 
examine--
            (1) the effect of globalization, increased trade, capital 
        flows, and other relevant factors on such institutions;
            (2) the adequacy, efficacy, and desirability of current 
        policies and programs at such institutions as well as their 
        suitability for respective beneficiaries of such institutions;
            (3) cooperation or duplication of functions and 
        responsibilities of such institutions; and
            (4) other matters the Commission deems necessary to make 
        recommendations pursuant to subsection (g).

    (f) Powers and Procedures of the Commission.--
            (1) Hearings.--The Commission or, at its direction, any 
        panel or member of the Commission may, for the purpose of 
        carrying out the provisions of this section, hold hearings, sit 
        and act at times and places, take testimony, receive evidence, 
        and administer oaths to the extent that the Commission or any 
        panel or member considers advisable.
            (2) Information.--The Commission may secure directly 
        information that the Commission considers necessary to enable 
        the Commission to carry out its responsibilities under this 
        section.
            (3) Meetings.--The Commission shall meet at the call of the 
        Chairman.

    (g) Report.--On the termination of the Commission, the Commission 
shall submit to the Secretary of the Treasury and the appropriate 
committees a report that contains recommendations regarding the 
following matters:
            (1) Changes to policy goals set forth in the Bretton Woods 
        Agreements Act and the International Financial Institutions Act.
            (2) Changes to the charters, organizational structures, 
        policies and programs of the international financial 
        institutions (as defined in section 1701(c)(2) of the 
        International Financial Institutions Act).

[[Page 112 STAT. 2681-222]]

            (3) Additional monitoring tools, global standards, or 
        regulations for, among other things, global capital flows, 
        bankruptcy standards, accounting standards, payment systems, and 
        safety and soundness principles for financial institutions.
            (4) Possible mergers or abolition of the international 
        financial institutions (as defined in section 1701(c)(2) of the 
        International Financial Institutions Act), including changes to 
        the manner in which such institutions coordinate their policy 
        and program implementation and their roles and responsibilities.
            (5) Any additional changes necessary to stabilize 
        currencies, promote continued trade liberalization and to avoid 
        future financial crises.

    (h) Termination.--The Commission shall terminate 6 months after the 
first meeting of the Commission, which shall be not later than 30 days 
after the appointment of all members of the Commission.
    (i) Reports by the Executive Branch.--
            (1) Within three months after receiving the report of the 
        Commission under subsection (g), the President of the United 
        States through the Secretary of the Treasury shall report to the 
        appropriate committees on the desirability and feasibility of 
        implementing the recommendations contained in the report.
            (2) Annually, for three years after the termination of the 
        Commission, the President of the United States through the 
        Secretary of the Treasury shall submit to the appropriate 
        committees a report on the steps taken, if any, through relevant 
        international institutions and international fora to implement 
        such recommendations as are deemed feasible and desirable under 
                                 paragraph (1).

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

    Sec. 605. (a) The Secretary of the Treasury shall instruct the 
United States Executive Director at the International Monetary Fund to 
exert the influence of the United States to strengthen Fund procedures 
for ascertaining that funds disbursed by the Fund are used by the 
central bank (or other fiscal agent) of a borrowing country in a manner 
that complies with the conditions of the Fund program for the country.
    (b) On request of the appropriate committees, the United States 
Executive Director shall obtain from the Fund and make available to such 
committees, on a confidential basis if necessary, data concerning such 
compliance.
    (c) Within 6 months after the date of the enactment of this Act, the 
Secretary of the Treasury shall report to the appropriate

[[Page 112 STAT. 2681-223]]

committees on the progress made toward achieving the requirements of 
this section.
    (d) On a quarterly basis, the Secretary of the Treasury shall report 
to the appropriate committees on the standby or other arrangements of 
the Fund made during the preceding quarter, identifying separately the 
arrangements to which the policies described in section 601(4) of this 
  title apply and the arrangements to which such policies do not apply.

    Sec. 606. Not later than <<NOTE: 22 USC 262r note.>> July 15, 1999, 
and July 15, 2000, the Secretary of the Treasury shall report to the 
Chairmen and Ranking Members of the appropriate committees on the 
progress of efforts to reform the architecture of the international 
monetary system. The reports shall include a discussion of the substance 
of the United States position in consultations with other governments 
and the degree of progress in achieving international acceptance and 
implementation of such position with respect to the following issues:
            (1) Adapting the mission and capabilities of the 
        International Monetary Fund to take better account of the 
        increased importance of cross-border capital flows in the world 
        economy and improving the coordination of its responsibilities 
        and activities with those of the International Bank for 
        Reconstruction and Development.
            (2) Advancing measures to prevent, and improve the 
        management of, international financial crises, including by--
                    (A) integrating aspects of national bankruptcy 
                principles into the management of international 
                financial crises where feasible; and
                    (B) changing investor expectations about official 
                rescues, thereby reducing moral hazard and systemic risk 
                in international financial markets,
        in order to help minimize the adjustment costs that the 
        resolution of financial crises may impose on the real economy, 
        in the form of disrupted patterns of trade, employment, and 
        progress in living standards, and reduce the frequency and 
        magnitude of claims on United States taxpayer resources.
            (3) Improving international economic policy cooperation, 
        including among the Group of Seven countries, to take better 
        account of the importance of cross-border capital flows in the 
        determination of exchange rate relationships.
            (4) Improving international cooperation in the supervision 
        and regulation of financial institutions and markets.
            (5) Strengthening the financial sector in emerging 
        economies, including by improving the coordination of financial 
        sector liberalization with the establishment of strong public 
        and private institutions in the areas of prudential supervision, 
        accounting and disclosure conventions, bankruptcy laws and 
        administrative procedures, and the collection and dissemination 
        of economic and financial statistics, including the maturity 
        structure of foreign indebtedness.
            (6) Advocating that implementation of European Economic and 
        Monetary Union and the advent of the European Currency Unit, or 
        euro, proceed in a manner that is consistent with

[[Page 112 STAT. 2681-224]]

        strong global economic growth and stability in world financial 
                                    markets.

     <<NOTE: 22 USC 262r note. participation in quota increase>> Sec. 
607. For purposes of sections 601 through 606 of this title, the term 
``appropriate committees'' means the Committees on Appropriations, 
Foreign Relations, and Banking, Housing, and Urban Affairs of the Senate 
and the Committees on Appropriations and Banking and Financial Services 
                    of the House of Representatives.

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

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

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

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

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

``SEC. 1503. <<NOTE: 22 USC 262o-2.>> ADVOCACY OF POLICIES TO ENHANCE 
            THE GENERAL EFFECTIVENESS OF THE INTERNATIONAL MONETARY 
            FUND.

    ``(a) In General.--The Secretary of the Treasury shall instruct the 
United States Executive Director of the International Monetary Fund to 
use aggressively the voice and vote of the Executive Director to do the 
following:
            ``(1) Vigorously promote policies to increase the 
        effectiveness of the International Monetary Fund in structuring 
        programs and assistance so as to promote policies and actions

[[Page 112 STAT. 2681-225]]

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

[[Page 112 STAT. 2681-226]]

                    ``(A) strengthening crisis prevention and early 
                warning signals through improved and more effective 
                surveillance of the national economic policies and 
                financial market development of countries (including 
                monitoring of the structure and volume of capital flows 
                to identify problematic imbalances in the inflow of 
                short and medium term investment capital, potentially 
                destabilizing inflows of offshore lending and foreign 
                investment, or problems with the maturity profiles of 
                capital to provide warnings of imminent economic 
                instability), and fuller disclosure of such information 
                to market participants;
                    ``(B) accelerating work on strengthening financial 
                systems in emerging market economies so as to reduce the 
                risk of financial crises;
                    ``(C) consideration of provisions in debt contracts 
                that would foster dialogue and consultation between a 
                sovereign debtor and its private creditors, and among 
                those creditors;
                    ``(D) consideration of extending the scope of the 
                International Monetary Fund's policy on lending to 
                members in arrears and of other policies so as to foster 
                the dialogue and consultation referred to in 
                subparagraph (C);
                    ``(E) intensified consideration of mechanisms to 
                facilitate orderly workout mechanisms for countries 
                experiencing debt or liquidity crises;
                    ``(F) consideration of establishing ad hoc or formal 
                linkages between the provision of official financing to 
                countries experiencing a financial crisis and the 
                willingness of market participants to meaningfully 
                participate in any stabilization effort led by the 
                International Monetary Fund;
                    ``(G) using the International Monetary Fund to 
                facilitate discussions between debtors and private 
                creditors to help ensure that financial difficulties are 
                resolved without inappropriate resort to public 
                resources; and
                    ``(H) the International Monetary Fund accompanying 
                the provision of funding to countries experiencing a 
                financial crisis resulting from imprudent borrowing with 
                efforts to achieve a significant contribution by the 
                private creditors, investors, and banks which had 
                extended such credits.
            ``(6) Vigorously promote policies that would make the 
        International Monetary Fund a more effective mechanism, in 
        concert with appropriate international authorities and other 
        international financial institutions (as defined in section 
        1701(c)(2)), for promoting good governance principles within 
        recipient countries by fostering structural reforms, including 
        procurement reform, that reduce opportunities for corruption and 
        bribery, and drug-related money laundering.
            ``(7) Vigorously promote the design of International 
        Monetary Fund programs and assistance so that governments that 
        draw on the International Monetary Fund channel public funds 
        away from unproductive purposes, including large `show case' 
        projects and excessive military spending, and toward investment 
        in human and physical capital as well as social programs to 
        protect the neediest and promote social equity.
            ``(8) Work with the International Monetary Fund to foster 
        economic prescriptions that are appropriate to the individual 
        economic circumstances of each recipient country, recognizing 
        that inappropriate stabilization programs may only serve to

[[Page 112 STAT. 2681-227]]

        further destabilize the economy and create unnecessary economic, 
        social, and political dislocation.
            ``(9) Structure International Monetary Fund programs and 
        assistance so that the maintenance and improvement of core labor 
        standards are routinely incorporated as an integral goal in the 
        policy dialogue with recipient countries, so that--
                    ``(A) recipient governments commit to affording 
                workers the right to exercise internationally recognized 
                core worker rights, including the right of free 
                association and collective bargaining through unions of 
                their own choosing;
                    ``(B) measures designed to facilitate labor market 
                flexibility are consistent with such core worker rights; 
                and
                    ``(C) the staff of the International Monetary Fund 
                surveys the labor market policies and practices of 
                recipient countries and recommends policy initiatives 
                that will help to ensure the maintenance or improvement 
                of core labor standards.
            ``(10) Vigorously promote International Monetary Fund 
        programs and assistance that are structured to the maximum 
        extent feasible to discourage practices which may promote ethnic 
        or social strife in a recipient country.
            ``(11) Vigorously promote recognition by the International 
        Monetary Fund that macroeconomic developments and policies can 
        affect and be affected by environmental conditions and policies, 
        and urge the International Monetary Fund to encourage member 
        countries to pursue macroeconomic stability while promoting 
        environmental protection.
            ``(12) Facilitate greater International Monetary Fund 
        transparency, including by enhancing accessibility of the 
        International Monetary Fund and its staff, fostering a more open 
        release policy toward working papers, past evaluations, and 
        other International Monetary Fund documents, seeking to publish 
        all Letters of Intent to the International Monetary Fund and 
        Policy Framework Papers, and establishing a more open release 
        policy regarding Article IV consultations.
            ``(13) Facilitate greater International Monetary Fund 
        accountability and enhance International Monetary Fund self-
        evaluation by vigorously promoting review of the effectiveness 
        of the Office of Internal Audit and Inspection and the Executive 
        Board's external evaluation pilot program and, if necessary, the 
        establishment of an operations evaluation department modeled on 
        the experience of the International Bank for Reconstruction and 
        Development, guided by such key principles as usefulness, 
        credibility, transparency, and independence.
            ``(14) Vigorously promote coordination with the 
        International Bank for Reconstruction and Development and other 
        international financial institutions (as defined in section 
        1701(c)(2)) in promoting structural reforms which facilitate the 
        provision of credit to small businesses, including 
        microenterprise lending, especially in the world's poorest, 
        heavily indebted countries.

    ``(b) Coordination With Other Executive Departments.--To the extent 
that it would assist in achieving the goals described in subsection (a), 
the Secretary of the Treasury shall pursue the goals in coordination 
with the Secretary of State, the Secretary of Labor, the Secretary of 
Commerce, the Administrator of the Environmental Protection Agency, the 
Administrator of the Agency

[[Page 112 STAT. 2681-228]]

for International Development, and the United States Trade 
Representative.''.
    (b) Advisory Committee on IMF Policy.--Section 1701 of such Act (22 
U.S.C. 262p-5) <<NOTE: 22 USC 262r.>>  is amended by adding at the end 
the following:

    ``(e) Advisory Committee on IMF Policy.--
            ``(1) In general.--The Secretary of the Treasury should 
        establish an International Monetary Fund Advisory Committee (in 
        this subsection referred to as the `Advisory Committee').
            ``(2) Membership.--The Advisory Committee should consist of 
        members appointed by the Secretary of the Treasury, after 
        appropriate consultations with the relevant organizations. Such 
        members should include representatives from industry, 
        representatives from agriculture, representatives from organized 
        labor, representatives from banking and financial services, and 
        representatives from nongovernmental environmental and human 
                            rights organizations.''.

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

``SEC. 1404. <<NOTE: 22 USC 262n-3.>> REDUCTION OF BARRIERS TO 
            AGRICULTURAL TRADE.

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

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

``SEC. 1704. <<NOTE: 22 USC 262r-3.>> REPORTS ON FINANCIAL STABILIZATION 
            PROGRAMS LED BY THE INTERNATIONAL MONETARY FUND IN 
            CONNECTION WITH FINANCING FROM THE EXCHANGE STABILIZATION 
            FUND.

    ``(a) In General.--The Secretary of the Treasury, in consultation 
with the Secretary of Commerce and other appropriate Federal agencies, 
shall prepare reports on the implementation of financial stabilization 
programs (and any material terms and conditions thereof) led by the 
International Monetary Fund in countries in connection with which the 
United States has made a commitment to provide, or has provided 
financing from the stabilization fund established under section 5302 of 
title 31, United States Code. The reports shall include the following:
            ``(1) A description of the condition of the economies of 
        countries requiring the financial stabilization programs, 
        including the monetary, fiscal, and exchange rate policies of 
        the countries.
            ``(2) A description of the degree to which the countries 
        requiring the financial stabilization programs have fully

[[Page 112 STAT. 2681-229]]

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

[[Page 112 STAT. 2681-230]]

            ``(11) The amount, rate of interest, and disbursement and 
        repayment schedules of any funds disbursed by the International 
        Monetary Fund to the countries in support of the financial 
        stabilization programs.

    ``(b) Timing.--Not later than March 15, 1999, and semiannually 
thereafter, the Secretary of the Treasury shall submit to the Committees 
on Banking and Financial Services and International Relations of the 
House of Representatives and the Committees on Foreign Relations, and 
Banking, Housing, and Urban Affairs of the Senate a report on the 
                 matters described in subsection (a).''.

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

``SEC. 1705. <<NOTE: 22 USC 262r-4.>> ANNUAL REPORT AND TESTIMONY ON THE 
            STATE OF THE INTERNATIONAL FINANCIAL SYSTEM, IMF REFORM, AND 
            COMPLIANCE WITH IMF AGREEMENTS.

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

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

`` <<NOTE: 22 USC 262r-5.>> SEC. 1706. AUDITS OF THE INTERNATIONAL 
            MONETARY FUND.

    ``(a) Access to Materials.--Not later than 30 days after the date of 
the enactment of this section, the Secretary of the Treasury shall 
certify to the Committee on Banking and Financial Services of the House 
of Representatives and the Committee on Foreign Relations of the Senate 
that the Secretary has instructed the United States Executive Director 
at the International Monetary Fund to facilitate timely access by the 
General Accounting Office to

[[Page 112 STAT. 2681-231]]

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

[[Page 112 STAT. 2681-232]]

                   TITLE I--DEPARTMENT OF THE INTERIOR

                        Bureau of Land Management

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

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

[[Page 112 STAT. 2681-233]]

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

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

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

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

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

    For expenses necessary for management, protection, and development 
of resources and for construction, operation, and maintenance of access 
roads, reforestation, and other improvements on the revested Oregon and 
California Railroad grant lands, on other Federal lands in the Oregon 
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of lands or interests therein including existing 
connecting roads on or adjacent to such grant lands; $97,037,000, to 
remain available until expended: Provided, That 25 percent of the 
aggregate of all receipts during the current fiscal year from the 
revested Oregon and California Railroad grant lands is hereby made a 
charge against the Oregon and California land-grant fund and shall be 
transferred

[[Page 112 STAT. 2681-234]]

to the General Fund in the Treasury in accordance with the second 
paragraph of subsection (b) of title II of the Act of August 28, 1937 
                             (50 Stat. 876).

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

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

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

[[Page 112 STAT. 2681-235]]

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

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

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

    Section 28g of title 30, United States Code, is amended by striking 
``and before September 30, 1998'' and inserting in lieu thereof ``and 
before September 30, 2001''.

                 United States Fish and Wildlife Service

    For necessary expenses of the United States Fish and Wildlife 
Service, for scientific and economic studies, conservation, management, 
investigations, protection, and utilization of fishery and

[[Page 112 STAT. 2681-236]]

wildlife resources, except whales, seals, and sea lions, maintenance of 
the herd of long-horned cattle on the Wichita Mountains Wildlife Refuge, 
general administration, and for the performance of other authorized 
functions related to such resources by direct expenditure, contracts, 
grants, cooperative agreements and reimbursable agreements with public 
and private entities, $661,136,000, to remain available until September 
30, 2000, except as otherwise provided herein, of which $11,648,000 
shall remain available until expended for operation and maintenance of 
fishery mitigation facilities constructed by the Corps of Engineers 
under the Lower Snake River Compensation Plan, authorized by the Water 
Resources Development Act of 1976, to compensate for loss of fishery 
resources from water development projects on the Lower Snake River, and 
of which not less than $2,000,000 shall be provided to local governments 
in southern California for planning associated with the Natural 
Communities Conservation Planning (NCCP) program and shall remain 
available until expended:  Provided, That not less than $1,000,000 for 
high priority projects which shall be carried out by the Youth 
Conservation Corps as authorized by the Act of August 13, 1970, as 
amended: Provided further, That not to exceed $5,756,000 shall be used 
for implementing subsections (a), (b), (c), and (e) of section 4 of the 
Endangered Species Act, as amended, for species that are indigenous to 
the United States (except for processing petitions, developing and 
issuing proposed and final regulations, and taking any other steps to 
implement actions described in subsections (c)(2)(A), (c)(2)(B)(i), or 
(c)(2)(B)(ii)): Provided further, That of the amount available for law 
enforcement, up to $400,000 to remain available until expended, may at 
the discretion of the Secretary, be used for payment for information, 
rewards, or evidence concerning violations of laws administered by the 
Service, and miscellaneous and emergency expenses of enforcement 
activity, authorized or approved by the Secretary and to be 
accounted <<NOTE: 16 USC 718k.>> for solely on his certificate: Provided 
further, That hereafter, all fees collected for Federal migratory bird 
permits shall be available to the Secretary, without further 
appropriation, to be used for the expenses of the U.S. Fish and Wildlife 
Service in administering such Federal migratory bird permits, and shall 
remain available until expended: Provided further, That <<NOTE: 16 USC 
746a. construction>> hereafter, pursuant to 31 U.S.C. 9701 and 
notwithstanding 31 U.S.C. 3302, the Secretary shall charge reasonable 
fees for the full costs of the U.S. Fish and Wildlife Service in 
operating and maintaining the M/V Tiglax and other vessels, to be 
credited to this account and to be available until expended: Provided 
further, That of the amount provided for environmental contaminants, up 
to $1,000,000 may remain available until expended for contaminant sample 
                                analyses.

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

[[Page 112 STAT. 2681-237]]

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

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

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

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

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

    For expenses necessary to carry out the African Elephant 
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 4241-4245, 
and 1538), the Asian Elephant Conservation Act of 1997 (Public Law 105-
96), and the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 
5301-5306), $2,000,000, to remain available until expended: Provided, 
That unexpended balances of amounts previously appropriated to the 
African Elephant Conservation Fund, Rewards and Operations account, and 
Rhinoceros and Tiger Conservation Fund may be transferred to and merged 
with this appropriation: Provided further, <<NOTE: 16 USC 
4246. administrative provisions>> That in fiscal year 1999 and 
thereafter, donations to provide assistance under section 5304 of the 
Rhinoceros and Tiger Conservation Act, subchapter I of the African 
Elephant Conservation Act, and section 6 of the Asian Elephant 
Conservation Act of 1997 shall be deposited to this Fund and shall be 
available without further appropriation: Provided further, That in 
fiscal year 1999 and thereafter, all penalties received by the United 
States under 16 U.S.C. 4224 which are not used to pay rewards under 16 
U.S.C. 4225 shall be deposited to this Fund to provide assistance under 
16 U.S.C. 4211 and shall be available without further appropriation: 
Provided further, That in fiscal year 1999 and thereafter, not more than 
three percent of amounts appropriated to this Fund

[[Page 112 STAT. 2681-238]]

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

    Appropriations and funds available to the United States Fish and 
Wildlife Service shall be available for purchase of not to exceed 104 
passenger motor vehicles, of which 89 are for replacement only 
(including 38 for police-type use); repair of damage to public roads 
within and adjacent to reservation areas caused by operations of the 
Service; options for the purchase of land at not to exceed $1 for each 
option; facilities incident to such public recreational uses on 
conservation areas as are consistent with their primary purpose; and the 
maintenance and improvement of aquaria, buildings, and other facilities 
under the jurisdiction of the Service and to which the United States has 
title, and which are used pursuant to law in connection with management 
and investigation of fish and wildlife resources: Provided, That 
notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost 
sharing and partnership arrangements authorized by law, procure printing 
services from cooperators in connection with jointly produced 
publications for which the cooperators share at least one-half the cost 
of printing either in cash or services and the Service determines the 
cooperator is capable of meeting accepted quality standards: Provided 
further, That the Service may accept donated aircraft as replacements 
for existing aircraft: Provided further, That notwithstanding any other 
provision of law, the Secretary of the Interior may not spend any of the 
funds appropriated in this Act for the purchase of lands or interests in 
lands to be used in the establishment of any new unit of the National 
Wildlife Refuge System unless the purchase is approved in advance by the 
House and Senate Committees on Appropriations in compliance with the 
reprogramming procedures contained in Senate Report 105-56: Provided 
further, That hereafter the Secretary may sell land and interests in 
land, other than surface water rights, acquired in conformance with 
subsections 206(a) and 207(c) of Public Law 101-618, the receipts of 
which shall be deposited to the Lahontan Valley and Pyramid Lake Fish 
and Wildlife Fund and used exclusively for the purposes of such 
subsections, without regard to the limitation on the distribution of 
benefits in subsection 206(f)(2) of such law: <<NOTE: 16 USC 
1374. technical corrections>>  Provided further, That section 
104(c)(50)(B) of the Marine Mammal Protection Act (16 U.S.C. 1361-1407) 
is amended by inserting the words ``until expended'' after the word 
                  ``Secretary'' in the second sentence.

     <<NOTE: 16 USC 3503 note.>> Unit SC-03--
            (1) The Secretary of the Interior shall, before the end of 
        the 30-day period beginning on the date of the enactment of this 
        Act, make such corrections to the map described in paragraph (2) 
        as are necessary to ensure that depictions of areas on that map 
        are consistent with the depictions of areas appearing on the map 
        entitled ``Amendments to the Coastal Barrier Resources System'', 
        dated May 15, 1997, and on file with the Committee on Resources 
        of the House of Representatives.
            (2) The map described in this paragraph is the map that--

[[Page 112 STAT. 2681-239]]

                    (A) is included in a set of maps entitled ``Coastal 
                Barrier Resources System'', dated October 24, 1990; and
                    (B) relates to unit SC-03 of the Coastal Barrier 
                Resources System.

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

    Unit FL-35--
            The Secretary of the Interior shall, before the end of the 
        30-day period beginning on the date of the enactment of this 
        Act, revise the the map depicting unit FL-35 of the Coastal 
        Barrier Resources System to exclude Pumpkin Key from the System.

                          National Park Service

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

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

[[Page 112 STAT. 2681-240]]

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

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

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

[[Page 112 STAT. 2681-241]]

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

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

[[Page 112 STAT. 2681-242]]

encourage employees receiving workers' compensation benefits pursuant to 
chapter 81 of title 5, United States Code, to return to appropriate 
positions for which they are medically able.

                     United States Geological Survey

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

    The amount appropriated for the United States Geological Survey 
shall be available for the purchase of not to exceed 53 passenger motor 
vehicles, of which 48 are for replacement only; reimbursement to the 
General Services Administration for security guard services; contracting 
for the furnishing of topographic maps and for the making of geophysical 
or other specialized surveys when it is administratively determined that 
such procedures are in the public interest; construction and maintenance 
of necessary buildings and appurtenant facilities; acquisition of lands 
for gauging stations and observation wells; expenses of the United 
States National Committee on Geology; and payment of compensation and 
expenses of persons on the rolls of the Survey duly appointed to 
represent

[[Page 112 STAT. 2681-243]]

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

                       Minerals Management Service

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

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

[[Page 112 STAT. 2681-244]]

          Office of Surface Mining Reclamation and Enforcement

    For necessary expenses to carry out the provisions of the Surface 
Mining Control and Reclamation Act of 1977, Public Law 95-87, as 
amended, including the purchase of not to exceed 10 passenger motor 
vehicles, for replacement only; $93,078,000, and notwithstanding 31 
U.S.C. <<NOTE: 30 USC 1302 note.>> 3302, an additional amount shall be 
credited to this account, to remain available until expended, from 
performance bond forfeitures in fiscal year 1999 and thereafter: 
Provided, That the Secretary of the Interior, pursuant to regulations, 
may use directly or through grants to States, moneys collected in fiscal 
year 1999 for civil penalties assessed under section 518 of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim 
lands adversely affected by coal mining practices after August 3, 1977, 
to remain available until expended: Provided further, That 
appropriations for the Office of <<NOTE: 30 USC 1211 note.>> Surface 
Mining Reclamation and Enforcement may provide for the travel and per 
diem expenses of State and tribal personnel attending Office of Surface 
Mining Reclamation and Enforcement sponsored training: Provided further, 
That beginning in fiscal year 1999 and <<NOTE: 30 USC 1302 
note.>> thereafter, cost-based fees for the products of the Mine Map 
Repository shall be established (and revised as needed) in Federal 
Register Notices, and shall be collected and credited to this account, 
to be available until expended for the costs of administering this 
                                program.

    For necessary expenses to carry out title IV of the Surface Mining 
Control and Reclamation Act of 1977, Public Law 95-87, as amended, 
including the purchase of not more than 10 passenger motor vehicles for 
replacement only, $185,416,000, to be derived from receipts of the 
Abandoned Mine Reclamation Fund and to remain available until expended; 
of which up to $7,000,000, to be derived from the cumulative balance of 
interest earned to date on the Fund, shall be for supplemental grants to 
States for the reclamation of abandoned sites with acid mine rock 
drainage from coal mines, and for associated activities, through the 
Appalachian Clean Streams Initiative: Provided, That grants to minimum 
program States will be $1,500,000 per State in fiscal year 1999: 
Provided further, That of the funds herein provided up to $18,000,000 
may be used for the emergency program authorized by section 410 of 
Public Law 95-87, as amended, of which no more than 25 percent shall be 
used for emergency reclamation projects in any one State and funds for 
federally administered emergency reclamation projects under this proviso 
shall not exceed $11,000,000: Provided further, That prior year 
unobligated funds appropriated for the emergency reclamation program 
shall not be subject to the 25 percent limitation per State and may be 
used without fiscal year limitation for emergency projects: Provided 
further, That pursuant to Public Law 97-365, the Department of the 
Interior is authorized to use up to 20 percent from the recovery of the 
delinquent debt owed to the United States Government to pay for 
contracts to collect these debts: Provided further, That funds made 
available to States under title IV of Public Law 95-87 may be used, at 
their discretion, for any required non-Federal share of the cost of 
projects funded by the Federal Government

[[Page 112 STAT. 2681-245]]

for the purpose of environmental restoration related to treatment or 
abatement of acid mine drainage from abandoned mines: Provided further, 
That such projects must be consistent with the purposes and priorities 
of the Surface Mining Control and Reclamation Act: Provided further, 
That the State of Maryland may set aside the greater of $1,000,000 or 10 
percent of the total of the grants made available to the State under 
title IV of the Surface Mining Control and Reclamation Act of 1977, as 
amended (30 U.S.C. 1231 et seq.), if the amount set aside is deposited 
in an acid mine drainage abatement and treatment fund established under 
a State law, pursuant to which law the amount (together with all 
interest earned on the amount) is expended by the State to undertake 
acid mine drainage abatement and treatment projects, except that before 
any amounts greater than 10 percent of its title IV grants are deposited 
in an acid mine drainage abatement and treatment fund, the State of 
Maryland must first complete all Surface Mining Control and Reclamation 
Act priority one projects: <<NOTE: 30 USC 1231 note.>>  Provided 
further,That hereafter, donations received to support projects under the 
Appalachian Clean Streams Initiative and under the Western Mine Lands 
Restoration Partnerships Initiative, pursuant to 30 U.S.C. 1231, shall 
be credited to this account and remain available until expended without 
further appropriation for projects sponsored under these initiatives, 
directly through agreements with other Federal agencies, or through 
grants to States, and funding to local governments, or tax exempt 
private entities.

                        Bureau of Indian Affairs

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

[[Page 112 STAT. 2681-246]]

Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to 
exceed $42,160,000 within and only from such amounts made available for 
school operations shall be available to tribes and tribal organizations 
for administrative cost grants associated with the operation 
of <<NOTE: 25 USC 450j note.>> Bureau-funded schools: Provided further, 
That hereafter funds made available to tribes and tribal organizations 
through contracts, compact agreements, or grants, as authorized by the 
Indian Self-Determination Act of 1975 or grants authorized by the Indian 
Education Amendments of 1988 (25 U.S.C. 2001 and 2008A) shall remain 
available until expended by the contractor or grantee: Provided further, 
That hereafter, to provide funding uniformity within a Self-Governance 
Compact, any funds provided in this Act with availability for more than 
two years may be reprogrammed to two year availability but shall remain 
available within the Compact until expended: Provided 
further, <<NOTE: 25 USC 13d-3.>> That hereafter notwithstanding any 
other provision of law, Indian tribal governments may, by appropriate 
changes in eligibility criteria or by other means, change eligibility 
for general assistance or change the amount of general assistance 
payments for individuals within the service area of such tribe who are 
otherwise deemed eligible for general assistance payments so long as 
such changes are applied in a consistent manner to individuals similarly 
situated and, that any savings realized by such changes shall be 
available for use in meeting other priorities of the tribes and, that 
any net increase in costs to the Federal Government which result solely 
from tribally increased payment levels for general assistance shall be 
met exclusively from funds available to the tribe from within its tribal 
priority allocation: Provided further, That any forestry funds allocated 
to a tribe which remain unobligated as of September 30, 2000, may be 
transferred during fiscal year 2001 to an Indian forest land assistance 
account established for the benefit of such tribe within the tribe's 
trust fund account: Provided further, That any such unobligated balances 
not so transferred shall expire on September 30, 2001: Provided further, 
That hereafter tribes <<NOTE: 25 USC 2005 note. construction>> may use 
tribal priority allocations funds for the replacement and repair of 
school facilities in compliance with 25 U.S.C. 2005(a), so long as such 
replacement or repair is approved by the Secretary and completed with 
non-Federal tribal and/or tribal priority allocation funds: Provided 
further, That the sixth proviso under Operation of Indian Programs in 
Public Law 102-154, for the fiscal year ending September 30, 1992 (105 
Stat. 1004), is hereby amended to read as follows: ``Provided further, 
That until such time as legislation is enacted to the contrary, no funds 
shall be used to take land into trust within the boundaries of the 
original Cherokee territory in Oklahoma without consultation with the 
                           Cherokee Nation:''.

    For construction, repair, improvement, and maintenance of irrigation 
and power systems, buildings, utilities, and other facilities, including 
architectural and engineering services by contract; acquisition of 
lands, and interests in lands; and preparation of lands for farming, and 
for construction of the Navajo Indian Irrigation Project pursuant to 
Public Law 87-483, $123,421,000, to remain available until expended: 
Provided, That such amounts as may be available for the construction of 
the Navajo Indian Irrigation Project may be transferred to the Bureau of 
Reclamation: Provided

[[Page 112 STAT. 2681-247]]

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

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

    For the cost of guaranteed loans, $4,501,000, as authorized by the 
Indian Financing Act of 1974, as amended: Provided, That such costs, 
including the cost of modifying such loans, shall be

[[Page 112 STAT. 2681-248]]

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

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

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

    The Bureau of Indian Affairs may carry out the operation of Indian 
programs by direct expenditure, contracts, cooperative agreements, 
compacts and grants, either directly or in cooperation with States and 
other organizations.
    Appropriations for the Bureau of Indian Affairs (except the 
revolving fund for loans, the Indian loan guarantee and insurance fund, 
and the Indian Guaranteed Loan Program account) shall be available for 
expenses of exhibits, and purchase of not to exceed 229 passenger motor 
vehicles, of which not to exceed 187 shall be for replacement only.
    Notwithstanding any other provision of law, no funds available to 
the Bureau of Indian Affairs for central office operations or pooled 
overhead general administration (except facilities operations and 
maintenance) shall be available for tribal contracts, grants, compacts, 
or cooperative agreements with the Bureau of Indian Affairs under the 
provisions of the Indian Self-Determination Act or the Tribal Self-
Governance Act of 1994 (Public Law 103-413).
    Notwithstanding any other provision of law, no funds available to 
the Bureau, other than the amounts provided herein for assistance to 
public schools under 25 U.S.C. 452 et seq., shall be available

[[Page 112 STAT. 2681-249]]

to support the operation of any elementary or secondary school in the 
State of Alaska.
    Appropriations made available in this or any other Act for schools 
funded by the Bureau shall be available only to the schools in the 
Bureau school system as of September 1, 1996. No funds available to the 
Bureau shall be used to support expanded grades for any school or 
dormitory beyond the grade structure in place or approved by the 
Secretary of the Interior at each school in the Bureau school system as 
of October 1, 1995.

                          Departmental Offices

                             Insular Affairs

    For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior, $66,175,000, of which: 
(1) $62,326,000 shall be available until expended for technical 
assistance, including maintenance assistance, disaster assistance, 
insular management controls, and brown tree snake control and research; 
grants to the judiciary in American Samoa for compensation and expenses, 
as authorized by law (48 U.S.C. 1661(c)); grants to the Government of 
American Samoa, in addition to current local revenues, for construction 
and support of governmental functions; grants to the Government of the 
Virgin Islands as authorized by law; grants to the Government of Guam, 
as authorized by law; and grants to the Government of the Northern 
Mariana Islands as authorized by law (Public Law 94-241; 90 Stat. 272); 
and (2) $3,849,000 shall be available for salaries and expenses of the 
Office of Insular Affairs: Provided, <<NOTE: 48 USC 1469b. compact of 
free association>> That all financial transactions of the territorial 
and local governments herein provided for, including such transactions 
of all agencies or instrumentalities established or used by such 
governments, may be audited by the General Accounting Office, at its 
discretion, in accordance with chapter 35 of title 31, United States 
Code: Provided further, That Northern Mariana Islands Covenant grant 
funding shall be provided according to those terms of the Agreement of 
the Special Representatives on Future United States Financial Assistance 
for the Northern Mariana Islands approved by Public Law 99-396, or any 
subsequent legislation related to Commonwealth of the Northern Mariana 
Islands grant funding: Provided further, That of the Covenant grant 
funding for the Government of the Northern Mariana Islands $5,000,000 
shall be used for the construction of prison facilities and $500,000 
shall be used for construction and equipping of a crime laboratory 
unless the Secretary determines that acceptable alternative financing 
for these projects is already in place: Provided further, That of the 
amounts provided for technical assistance, sufficient funding shall be 
made available for a grant to the Close Up Foundation: Provided further, 
That the funds for the program of operations and maintenance improvement 
are appropriated to institutionalize routine operations and maintenance 
improvement of capital infrastructure in American Samoa, Guam, the 
Virgin Islands, the Commonwealth of the Northern Mariana Islands, the 
Republic of Palau, the Republic of the Marshall Islands, and the 
Federated States of Micronesia through assessments of long-range 
operations maintenance needs, improved capability of local operations 
and maintenance institutions and agencies (including

[[Page 112 STAT. 2681-250]]

management and vocational education training), and project-specific 
maintenance (with territorial participation and cost sharing to be 
determined by the Secretary based on the individual territory's 
commitment to timely maintenance of its capital assets): Provided 
further, That any appropriation for disaster assistance under this 
heading in this Act or previous appropriations Acts may be used as non-
Federal matching funds for the purpose of hazard mitigation grants 
provided pursuant to section 404 of the Robert T. Stafford Disaster 
         Relief and Emergency Assistance Act (42 U.S.C. 5170c).

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

                         Departmental Management

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

                         Office of the Solicitor

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

                       Office of Inspector General

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

             Office of Special Trustee for American Indians

    For operation of trust programs for Indians by direct expenditure, 
contracts, cooperative agreements, compacts, and grants, $39,499,000, to 
remain available until expended: Provided, That funds for trust 
management improvements may be transferred to the Bureau of Indian 
Affairs: Provided further, That funds made available to Tribes and 
Tribal organizations through contracts or grants obligated during fiscal 
year 1999, as authorized by the

[[Page 112 STAT. 2681-251]]

Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall 
remain available until expended by the contractor or grantee: Provided 
further, That notwithstanding any other provision of law, the statute of 
limitations shall not commence to run on any claim, including any claim 
in litigation pending on the date of the enactment of this Act, 
concerning losses to or mismanagement of trust funds, until the affected 
tribe or individual Indian has been furnished with an accounting of such 
funds from which the beneficiary can determine whether there has been a 
loss: <<NOTE: 25 USC 4011 note.>> Provided further, That notwithstanding 
any other provision of law, the Secretary shall not be required to 
provide a quarterly statement of performance for any Indian trust 
account that has not had activity for at least eighteen months and has a 
balance of $1.00 or less: Provided further, That the Secretary shall 
issue an annual account statement and maintain a record of any such 
accounts and shall permit the balance in each such account to be 
withdrawn upon the express written request of the accountholder.

           Natural Resource Damage Assessment and Restoration

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

      For necessary expenses of bureaus and offices of the Department of 
the Interior to manage federal lands in Alaska for subsistence uses 
under the provisions of Title VIII of the Alaska National Interest Lands 
Conservation Act (Public Law 96-487 et seq.) except in areas described 
in section 339(a)(1)(A) and (B) of this Act, $8,000,000 to become 
available on September 30, 1999, and remain available until expended: 
Provided, That if prior to October 1, 1999, the Secretary of the 
Interior determines that the Alaska State Legislature has approved a 
bill or resolution to amend the Constitution of the State of Alaska 
that, if approved by the electorate, would enable the implementation of 
state laws of general applicability which are consistent with, and which 
provide for the definition, preference and participation specified in 
sections 803, 804, and 805 of the Alaska National Interest Lands 
Conservation Act, the Secretary of the Interior shall make an $8,000,000 
grant to the State of Alaska for the purpose of assisting that State in 
fulfilling its responsibilities under sections 803, 804, and 805

[[Page 112 STAT. 2681-252]]

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

                        Administrative Provisions

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

             GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

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

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

[[Page 112 STAT. 2681-253]]

to actual oil spills; for response and natural resource damage 
assessment activities related to actual oil spills; for the prevention, 
suppression, and control of actual or potential grasshopper and Mormon 
cricket outbreaks on lands under the jurisdiction of the Secretary, 
pursuant to the authority in section 1773(b) of Public Law 99-198 (99 
Stat. 1658); for emergency reclamation projects under section 410 of 
Public Law 95-87; and shall transfer, from any no year funds available 
to the Office of Surface Mining Reclamation and Enforcement, such funds 
as may be necessary to permit assumption of regulatory authority in the 
event a primacy State is not carrying out the regulatory provisions of 
the Surface Mining Act: Provided, That appropriations made in this title 
for fire suppression purposes shall be available for the payment of 
obligations incurred during the preceding fiscal year, and for 
reimbursement to other Federal agencies for destruction of vehicles, 
aircraft, or other equipment in connection with their use for fire 
suppression purposes, such reimbursement to be credited to 
appropriations currently available at the time of receipt thereof: 
Provided further, That for emergency rehabilitation and wildfire 
suppression activities, no funds shall be made available under this 
authority until funds appropriated to ``Wildland Fire Management'' shall 
have been exhausted: Provided further, That all funds used pursuant to 
this section are hereby designated by Congress to be ``emergency 
requirements'' pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985, and must be replenished by a 
supplemental appropriation which must be requested as promptly as 
possible: Provided further, That such replenishment funds shall be used 
to reimburse, on a pro rata basis, accounts from which emergency funds 
were transferred.
    Sec. 103. Appropriations made in this title shall be available for 
operation of warehouses, garages, shops, and similar facilities, 
wherever consolidation of activities will contribute to efficiency or 
economy, and said appropriations shall be reimbursed for services 
rendered to any other activity in the same manner as authorized by 
sections 1535 and 1536 of title 31, United States Code: Provided, That 
reimbursements for costs and supplies, materials, equipment, and for 
services rendered may be credited to the appropriation current at the 
time such reimbursements are received.
    Sec. 104. Appropriations made to the Department of the Interior in 
this title shall be available for services as authorized by 5 U.S.C. 
3109, when authorized by the Secretary, in total amount not to exceed 
$500,000; hire, maintenance, and operation of aircraft; hire of 
passenger motor vehicles; purchase of reprints; payment for telephone 
service in private residences in the field, when authorized under 
regulations approved by the Secretary; and the payment of dues, when 
authorized by the Secretary, for library membership in societies or 
associations which issue publications to members only or at a price to 
members lower than to subscribers who are not members.
    Sec. 105. Appropriations available to the Department of the Interior 
for salaries and expenses shall be available for uniforms or allowances 
therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. Code 4-204).
    Sec. 106. Appropriations made in this title shall be available for 
obligation in connection with contracts issued for services or rentals 
for periods not in excess of twelve months beginning at any time during 
the fiscal year.

[[Page 112 STAT. 2681-254]]

    Sec. 107. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of offshore leasing and 
related activities placed under restriction in the President's 
moratorium statement of June 26, 1990, in the areas of northern, 
central, and southern California; the North Atlantic; Washington and 
Oregon; and the eastern Gulf of Mexico south of 26 degrees north 
latitude and east of 86 degrees west longitude.
    Sec. 108. No funds provided in this title may be expended by the 
Department of the Interior for the conduct of offshore oil and natural 
gas preleasing, leasing, and related activities, on lands within the 
North Aleutian Basin planning area.
    Sec. 109. No funds provided in this title may be expended by the 
Department of the Interior to conduct offshore oil and natural gas 
preleasing, leasing and related activities in the eastern Gulf of Mexico 
planning area for any lands located outside Sale 181, as identified in 
the final Outer Continental Shelf 5-Year Oil and Gas Leasing Program, 
1997-2002.
    Sec. 110. No funds provided in this title may be expended by the 
Department of the Interior to conduct oil and natural gas preleasing, 
leasing and related activities in the Mid-Atlantic and South Atlantic 
planning areas.
    Sec. 111. Advance payments made under this title to Indian tribes, 
tribal organizations, and tribal consortia pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or 
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) may 
be invested by the Indian tribe, tribal organization, or consortium 
before such funds are expended for the purposes of the grant, compact, 
or annual funding agreement so long as such funds are--
            (1) invested by the Indian tribe, tribal organization, or 
        consortium only in obligations of the United States, or in 
        obligations or securities that are guaranteed or insured by the 
        United States, or mutual (or other) funds registered with the 
        Securities and Exchange Commission and which only invest in 
        obligations of the United States or securities that are 
        guaranteed or insured by the United States; or
            (2) deposited only into accounts that are insured by an 
        agency or instrumentality of the United States, or are fully 
        collateralized to ensure protection of the Funds, even in the 
        event of a bank failure.

    Sec. 112. <<NOTE: 50 USC 167 note.>> (a) Employees of Helium 
Operations, Bureau of Land Management, entitled to severance pay under 5 
U.S.C. 5595, may apply for, and the Secretary of the Interior may pay, 
the total amount of the severance pay to the employee in a lump sum. 
Employees paid severance pay in a lump sum and subsequently reemployed 
by the Federal Government shall be subject to the repayment provisions 
of 5 U.S.C. 5595(i)(2) and (3), except that any repayment shall be made 
to the Helium Fund.

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

[[Page 112 STAT. 2681-255]]

Federal employment, including retraining and relocation incentives on 
the same terms and conditions as authorized for employees of the 
Department of Defense in section 348 of the National Defense 
Authorization Act for Fiscal Year 1995.
    (d) For purposes of the annual leave restoration provisions of 5 
U.S.C. 6304(d)(1)(B), the cessation of helium production and sales, and 
other related Helium Program activities shall be deemed to create an 
exigency of public business under, and annual leave that is lost during 
leave years 1997 through 2001 because of 5 U.S.C. 6304 (regardless of 
whether such leave was scheduled in advance) shall be restored to the 
employee and shall be credited and available in accordance with 5 U.S.C. 
6304(d)(2). Annual leave so restored and remaining unused upon the 
transfer of a Helium Program employee to a position of the executive 
branch outside of the Helium Program shall be liquidated by payment to 
the employee of a lump sum from the Helium Fund for such leave.
    (e) Benefits under this section shall be paid from the Helium Fund 
in accordance with section 4(c)(4) of the Helium Privatization Act of 
1996. Funds may be made available to Helium Program employees who are or 
will be separated before October 1, 2002 because of the cessation of 
helium production and sales and other related activities. Retraining 
benefits, including retraining and relocation incentives, may be paid 
for retraining commencing on or before September 30, 2002.
    Sec. 113. <<NOTE: 43 USC 1473e.>> In fiscal year 1999 and 
thereafter, the Secretary may accept donations and bequests of money, 
services, or other personal property for the management and enhancement 
of the Department's Natural Resources Library. The Secretary may hold, 
use, and administer such donations until expended and without further 
appropriation.

    Sec. 114. Notwithstanding any other provision of law, including but 
not limited to the Indian Self-Determination Act of 1975, as amended, 
funds available under this title for Indian self-determination or self-
governance contract or grant support costs may be expended only for 
costs directly attributable to contracts, grants and compacts pursuant 
to the Indian Self-Determination Act and no funds appropriated in this 
title shall be available for any contract support costs or indirect 
costs associated with any contract, grant, cooperative agreement, self-
governance compact or funding agreement entered into between an Indian 
tribe or tribal organization and any entity other than an agency of the 
Department of the Interior.
    Sec. 115. Notwithstanding any other provisions of law, the National 
Park Service shall not develop or implement a reduced entrance fee 
program to accommodate non-local travel through a unit. The Secretary 
may provide for and regulate local non-recreational passage through 
units of the National Park System, allowing each unit to develop 
guidelines and permits for such activity appropriate to that unit.
    Sec. 116. (a) Denver Service Center, Presidio, and Golden Gate 
National Recreation Area employees who voluntarily resign or retire from 
the National Park Service on or before December 31, 1998, shall receive, 
from the National Park Service, a lump sum voluntary separation 
incentive payment that shall be equal to the lesser of an amount equal 
to the amount the employee would be entitled to receive under section 
5595(c) of title 5, United States Code,

[[Page 112 STAT. 2681-256]]

if the employee were entitled to payment under such section; or $25,000.
            (1) The voluntary separation incentive payment--
                    (A) shall not be a basis for payment, and shall not 
                be included in the computation of any other type of 
                Government benefit; and
                    (B) shall be paid from appropriations or funds 
                available for the payment of the basic pay of the 
                employee.
            (2) Employees receiving a voluntary separation incentive 
        payment and accepting employment with the Federal Government 
        within five years of the date of separation shall be required to 
        repay the entire amount of the incentive payment to the National 
        Park Service.
            (3) The Secretary may, at the request of the head of an 
        Executive branch agency, waive the repayment under paragraph (2) 
        if the individual involved possesses unique abilities and is the 
        only qualified applicant available for the position.
            (4) In addition to any other payment which it is required to 
        make under Subchapter III of chapter 83 of title 5, United 
        States Code, the National Park Service shall remit to the Office 
        of Personnel Management for deposit in the Treasury of the 
        United States to the credit of the Civil Service Retirement and 
        Disability Fund an amount equal to 15 percent of the final basic 
        pay of each employee of the National Park Service--
                    (A) who retires under section 8336(d)(2) of Title 5, 
                United States Code; and,
                    (B) to whom a voluntary separation incentive payment 
                has been or is to be paid under the provisions of this 
                section.

    (b) Employees of Denver Service Center, Presidio, and Golden Gate 
National Recreation Area entitled to severance pay under 5 U.S.C. 5595, 
may apply for, and the National Park Service may pay, the total amount 
of severance pay to the employee in a lump sum. Employees paid severance 
pay in a lump sum and subsequently reemployed by the Federal Government 
shall be subject to the repayment provisions of 5 U.S.C. 5595(i)(2) and 
(3), except that any repayment shall be made to the National Park 
Service.
    (c) Employees of the Denver Service Center, Presidio, and Golden 
Gate National Recreation Area who voluntarily resign on or before 
December 31, 1998, or who are separated in a reduction in force, shall 
be liable for not more than the required employee contribution under 5 
U.S.C. 8905a(d)(1)(A) if they elect to continue health benefits after 
separation. The National Park Service shall pay for 12 months the 
remaining portion of required contributions.
    Sec. 117. Notwithstanding any other provision of law, the Secretary 
is authorized to permit persons, firms or organizations engaged in 
commercial, cultural, educational, or recreational activities (as 
defined in section 612a of title 40, United States Code) not currently 
occupying such space to use courtyards, auditoriums, meeting rooms, and 
other space of the main and south Interior building complex, Washington, 
D.C., the maintenance, operation, and protection of which has been 
delegated to the Secretary from the Administrator of General Services 
pursuant to the Federal Property and Administrative Services Act of 
1949, and to assess reasonable charges therefore, subject to such 
procedures as the Secretary deems appropriate for such uses. Charges may 
be for the space, utilities, maintenance, repair, and other services. 
Charges

[[Page 112 STAT. 2681-257]]

for such space and services may be at rates equivalent to the prevailing 
commercial rate for comparable space and services devoted to a similar 
purpose in the vicinity of the main and south Interior building complex, 
Washington, D.C. for which charges are being assessed. The Secretary may 
without further appropriation hold, administer, and use such proceeds 
within the Departmental Management Working Capital Fund to offset the 
operation of the buildings under his jurisdiction, whether delegated or 
otherwise, and for related purposes, until expended.
    Sec. 118. <<NOTE: 16 USC 460o note.>> The 37 mile River Valley Trail 
from the town of Delaware Gap to the edge of the town of Milford, 
Pennsylvania located within the Delaware Water Gap National Recreation 
Area shall hereafter be referred to in any law, regulation, document, or 
record of the United States as the Joseph M. McDade Recreational Trail.

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

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

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

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

[[Page 112 STAT. 2681-258]]

                operations on federal lands by federal and state air, 
                water, solid waste, reclamation and other environmental 
                statutes, including surface management regulations 
                promulgated by federal land management agencies and 
                state primacy programs under applicable federal statutes 
                and state laws and the time requirements applicable to 
                project environmental review and permitting;
                    (B) the adequacy of federal and state environmental, 
                reclamation and permitting statutes and regulations 
                applicable in any state or states where mining or 
                exploration of locatable minerals on federal lands is 
                occurring, to prevent unnecessary or undue degradation; 
                and
                    (C) recommendations and conclusions regarding how 
                federal and state environmental, reclamation and 
                permitting requirements and programs can be coordinated 
                to ensure environmental protection, increase efficiency, 
                avoid duplication and delay, and identify the most cost-
                effective manner for implementation.

    (b) Report.--
            No later than July 31, 1999, the Board shall submit a report 
        addressing areas described under (a)(1) to the appropriate 
        federal agencies, the Congress and the Governors of affected 
        states.

    (c) Funds.--From the funds collected for mining law administration, 
the Secretary shall provide to the NAS such funds as it requests, not to 
exceed $800,000, for the purpose of conducting this analysis.
    (d) Surface Management Regulations.--The Secretary of the Interior 
shall not promulgate any final regulations to change the Bureau of Land 
Management regulations found at 43 CFR Part 3809 prior to September 30, 
1999.
    Sec. 121. Overhead charges levied by the Fish and Wildlife Service 
on any and all funds transferred from the Bureau of Reclamation for the 
Recovery Implementation Program for Endangered Fish Species in the Upper 
Colorado River Basin and for the Recovery Implementation Program for 
Endangered Fish Species in the San Juan River Basin shall be limited to 
no more than 50 percent of the biennially determined full indirect cost 
recovery rate.

    Sec. 122. (a) ANCSA Determination.--
            (1) Within 180 days following the enactment of this Act, the 
        Bureau of Land Management shall conduct a determination under 
        section 3(e) of the Alaska Native Claims Settlement Act (43 
        U.S.C. 1601 et seq.) of the property described as Lot 1, Block 
        12; the north 50 feet of Lots 43 and 44, Block 12; Lots 50, 51 
        and 52, Block 12; Lots 28 and 29, Block 33; and a strip of land 
        25 feet in length running east and west by 24 feet in width 
        running north and south in the southwest corner of Lot 15, Block 
        33, all within the Nome Townsite, Records of the Cape Nome 
        Recording District, Second Judicial District, State of Alaska.
            (2) The ANCSA section 3(e) determination will determine if 
        the lands must be conveyed to the Sitnasuak Native Corporation 
        (the village corporation for Nome).
            (3) If and only if the Bureau of Land Management's ANCSA 
        section 3(e) determination concludes that the Sitnasuak Native 
        Corporation is not entitled to the lands, and following the 
        settlement of any and all claims filed appealing the decision,

[[Page 112 STAT. 2681-259]]

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

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

    Sec. 123. <<NOTE: 16 USC 410hh-4 note.>>  Commercial Fishing in 
Glacier Bay National Park. (a) General.--
            (1) The Secretary of the Interior and the State of Alaska 
        shall cooperate in the development of a management plan for the 
        regulation of commercial fisheries in Glacier Bay National Park 
        pursuant to existing State and Federal statutes and any 
        applicable international conservation and management treaties. 
        Such management plan shall provide for commercial fishing in the 
        marine waters within Glacier Bay National Park outside of 
        Glacier Bay Proper, and in the marine waters within Glacier Bay 
        Proper as specified in paragraphs (a)(2) through (a)(5), and 
        shall provide for the protection of park values and purposes, 
        for the prohibition of any new or expanded fisheries, and for 
        the opportunity for the study of marine resources.
            (2) In the nonwilderness waters within Glacier Bay Proper, 
        commercial fishing shall be limited, by means of non-
        transferable lifetime access permits, solely to individuals 
        who--
                    (A) hold a valid commercial fishing permit for a 
                fishery in a geographic area that includes the 
                nonwilderness waters within Glacier Bay Proper;
                    (B) provide a sworn and notarized affidavit and 
                other available corroborating documentation to the 
                Secretary of the Interior sufficient to establish that 
                such individual engaged in commercial fishing for 
                halibut, tanner crab, or salmon in Glacier Bay Proper 
                during qualifying years which shall be established by 
                the Secretary of the Interior within one year of the 
                date of the enactment of this Act; and
                    (C) fish only with--
                          (i) longline gear for halibut;
                          (ii) pots or ring nets for tanner crab; or
                          (iii) trolling gear for salmon.
            (3) With respect to the individuals engaging in commercial 
        fishing in Glacier Bay Proper pursuant to paragraph (2), no 
        fishing shall be allowed in the West Arm of Glacier Bay Proper 
        (West Arm) north of 58 degrees, 50 minutes north latitude,

[[Page 112 STAT. 2681-260]]

        except for trolling for king salmon during the period from 
        October 1 through April 30. The waters of Johns Hopkins Inlet, 
        Tarr Inlet and Reid Inlet shall remain closed to all commercial 
        fishing.
            (4) With respect to the individuals engaging in commercial 
        fishing in Glacier Bay Proper pursuant to paragraph (2), no 
        fishing shall be allowed in the East Arm of Glacier Bay Proper 
        (East Arm) north of a line drawn from Point Caroline, through 
        the southern end of Garforth Island to the east side of Muir 
        Inlet, except that trolling for king salmon during the period 
        from October 1 through April 30 shall be allowed south of a line 
        drawn across Muir Inlet at the southernmost point of Adams 
        Inlet.
            (5) With respect to the individuals engaging in commercial 
        fishing in Glacier Bay Proper pursuant to paragraph (2), no 
        fishing shall be allowed in Geikie Inlet.

    (b) The Beardslee Islands and Upper Dundas Bay.--Commercial fishing 
is prohibited in the designated wilderness waters within Glacier Bay 
National Park and Preserve, including the waters of the Beardslee 
Islands and Upper Dundas Bay. Any individual who--
            (1) on or before February 1, 1999, provides a sworn and 
        notarized affidavit and other available corroborating 
        documentation to the Secretary of the Interior sufficient to 
        establish that he or she has engaged in commercial fishing for 
        Dungeness crab in the designated wilderness waters of the 
        Beardslee Islands or Dundas Bay within Glacier Bay National Park 
        pursuant to a valid commercial fishing permit in at least six of 
        the years during the period 1987 through 1996;
            (2) at the time of receiving compensation based on the 
        Secretary of the Interior's determination as described below--
                    (A) agrees in writing not to engage in commercial 
                fishing for Dungeness crab within Glacier Bay Proper;
                    (B) relinquishes to the State of Alaska for the 
                purposes of its retirement any commercial fishing permit 
                for Dungeness crab for areas within Glacier Bay Proper;
                    (C) at the individual's option, relinquishes to the 
                United States the Dungeness crab pots covered by the 
                commercial fishing permit; and
                    (D) at the individual's option, relinquishes to the 
                United States the fishing vessel used for Dungeness crab 
                fishing in Glacier Bay Proper; and
            (3) holds a current valid commercial fishing permit that 
        allows such individual to engage in commercial fishing for 
        Dungeness crab in Glacier Bay National Park,

shall be eligible to receive from the United States compensation that is 
the greater of (i) $400,000, or (ii) an amount equal to the fair market 
value (as of the date of
relinquishment) of the commercial fishing permit for Dungeness crab, of 
any Dungeness crab pots or other Dungeness crab gear, and of not more 
than one Dungeness crab fishing vessel, together with an amount equal to 
the present value of the foregone net income from commercial fishing for 
Dungeness crab for the period January 1, 1999, through December 31, 
2004, based on the individual's net earnings from the Dungeness crab 
fishery during the period January 1, 1991, through December 31, 1996. 
Any individual seeking such compensation shall provide the consent 
necessary for the Secretary of the

[[Page 112 STAT. 2681-261]]

Interior to verify such net earnings in the fishery. The Secretary of 
the Interior's determination of the amount to be paid shall be completed 
and payment shall be made within six months from the date of application 
by the individuals described in this subsection and shall constitute 
final agency action subject to review pursuant to the Administrative 
Procedures Act in the United States District Court for the District of 
Alaska.

    (c) Definition and Savings Clause.--
            (1) As used in this section, the term ``Glacier Bay Proper'' 
        shall mean the marine waters within Glacier Bay, including coves 
        and inlets, north of a line drawn from Point Gustavus to Point 
        Carolus.
            (2) Nothing in this section is intended to enlarge or 
        diminish Federal or State title, jurisdiction, or authority with 
        respect to the waters of the State of Alaska, the waters within 
        the boundaries of Glacier Bay National Park, or the tidal or 
        submerged lands under any provision of State or Federal law.

    Sec. 124. Notwithstanding any other provision of law, grazing 
permits which expire during fiscal year 1999 shall be renewed for the 
balance of fiscal year 1999 on the same terms and conditions as 
contained in the expiring permits, or until the Bureau of Land 
Management completes processing these permits in compliance with all 
applicable laws, whichever comes first. Upon completion of processing by 
the Bureau, the terms and conditions of existing grazing permits may be 
modified, if necessary, and reissued for a term not to exceed ten years. 
Nothing in this language shall be deemed to affect the Bureau's 
authority to otherwise modify or terminate grazing permits.
    Sec. 125. Conveyance to the Town of Pahrump, Nevada. (a) 
Conveyance.--The Secretary of the Interior, acting through the Director 
of the Bureau of Land Management, shall convey to the town of Pahrump, 
Nevada, without consideration, subject to the requirements of 43 U.S.C. 
869, all right, title, and interest of the land subject to all valid 
existing rights in the public lands located south and west of Highway 
160 within Sections
32 and 33, T. 20 S., R. 54 E., Mount Diablo Meridian.

    (b) Use.--The conveyance of the property under subsection (a) shall 
be subject to reversion to the United States if the property is used for 
a purpose other than the purpose of a public fairground or a related 
public purpose.
    Sec. 126. Special Federal Aviation Regulation No. 78, regarding 
commercial air tour operators in the vicinity of the Rocky Mountain 
National Park, as published in the Federal Register on January 8, 1997, 
shall remain in effect until otherwise provided by an Act of Congress.
    Sec. 127. <<NOTE: 16 USC 3192a.>>  Notwithstanding any other 
provision of law, none of the funds provided in this Act or any other 
Act hereafter enacted may be used by the Secretary of the Interior, 
except with respect to land exchange costs and costs associated with the 
preparation of land acquisitions, in the acquisition of State, private, 
or other non-federal lands (or any interest therein) in the State of 
Alaska, unless, in the acquisition of any State, private, or other non-
federal lands (or interest therein) in the State of Alaska, the 
Secretary seeks to exchange unreserved public lands before purchasing 
all or any portion of such lands (or interest therein) in the State of 
Alaska.

[[Page 112 STAT. 2681-262]]

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

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

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

[[Page 112 STAT. 2681-263]]

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

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

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

    Sec. 132. Leasing of Certain Reserved Mineral Interests. (a) 
Application of Mineral Leasing Act.--Notwithstanding section 4 of Public 
Law 88-608 (78 Stat. 988), the Federal reserved mineral interests in 
land conveyed under that Act by United States land patents No. 49-71-
0059 and No. 49-71-0065 shall be subject to the Act of February 25, 1920 
(commonly known as the ``Mineral Leasing Act'') (30 U.S.C. 181 et seq.).
    (b) Entry.--
            (1) In general.--A person that acquires a lease under the 
        Act of February 25, 1920 (30 U.S.C. 181 et seq.) for the 
        interests referred to in subsection (a) may exercise the right 
        of entry that
 is reserved to the United States and persons authorized by the United 
States in the patents conveying the land described in subsection (a) by 
occupying so much of the surface the land as may be required for 
purposes reasonably incident to the exploration for, and extraction and 
removal of, the leased minerals.
            (2) Condition.--A person that exercises a right of entry 
        under paragraph (1), shall, before commencing occupancy--
                    (A) secure the written consent or waiver of the 
                patentee; or
                    (B) post a bond or other financial guarantee with 
                the Secretary of the Interior in an amount sufficient to 
                ensure--
                          (i) the completion of reclamation pursuant to 
                      the requirements of the Secretary under the Act of 
                      February 25, 1920 (30 U.S.C. 181 et seq.); and
                          (ii) the payment to the surface owner for--

[[Page 112 STAT. 2681-264]]

                                    (I) any damage to a crop or tangible 
                                improvement of the surface owner that 
                                results from activity under the mineral 
                                lease; and
                                    (II) any permanent loss of income to 
                                the surface owner due to loss or 
                                impairment of grazing use or of other 
                                uses of the land by the surface owner at 
                                the time of commencement of activity 
                                under the mineral lease.

    (c) Effective Date.--In the case of the land conveyed by United 
States patent No. 49-71-0065, this section takes effect January 1, 1997.
    Sec. 133. Notwithstanding any other provision of law, the Tribal 
Self-Governance Act (25 U.S.C. Sec. 458aa et seq.) <<NOTE: 25 USC 
458ff.>>  is amended at Sec. 458ff(c) by inserting ``450c(d),'' 
following the word ``sections''.

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

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

[[Page 112 STAT. 2681-265]]

                Settlement Act (85 Stat. 710), with a savings clause for 
                applications pending on December 18, 1971.
                    (C) Land acquisition.--Lands and interests in land 
                acquired by the United States pursuant to the Agreement 
                shall be administered by the Secretary of the Interior 
                (hereinafter referred to as the ``Secretary'') as part 
                of the Katmai National Park, subject to the laws and 
                regulations applicable thereto.
            (2) Maps and deeds.--The maps and deeds set forth in the 
        Agreement generally depict the lands subject to the conveyances, 
        the retention of consultation rights, the conservation easement, 
        the access rights, Alaska Native Allotment Act status, and the 
        use and transfer restrictions.

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

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

[[Page 112 STAT. 2681-266]]

    Sec. 136. Watershed Restoration and Enhancement Agreements. Section 
124(a) of the Department of the Interior and Related Agencies 
Appropriations Act, 1997 (16 U.S.C. 1011(a)) is amended by striking 
``with willing private landowners for restoration and enhancement of 
fish, wildlife, and other biotic resources on public or private land or 
both'' and inserting ``with the heads of other Federal agencies, tribal, 
State, and local governments, private and nonprofit entities, and 
landowners for the protection, restoration, and enhancement of fish and 
wildlife habitat and other resources on public or private land and the 
reduction of risk from natural disaster where public safety is 
threatened''.
    Sec. 137. None of the funds made available in this or any other Act 
may be expended before March 31, 1999 to publish final regulations based 
on the regulations proposed at 63 Fed. Reg. 3289 on January 22, 1998.
    Sec. 138. Acquisition of Real Property Interests for Addition to 
Chickamauga and Chattanooga National Military Park. The Act of August 
19, 1890 (16 U.S.C. 424), is amended by adding at the end the following:

``SEC. 12. <<NOTE: 16 USC 424-1.>> ACQUISITION OF LAND.

    ``(a) In General.--The Secretary of the Interior may acquire private 
land, easements, and buildings within the areas authorized for 
acquisition for the Chickamauga and Chattanooga National Military Park, 
by donation, purchase with donated or appropriated funds, or exchange.
    ``(b) Limitation.--Land, easements, and buildings described in 
subsection (a) may be acquired only from willing sellers.
    ``(c) Administration.--Land, easements, and buildings acquired by 
the Secretary under subsection (a) shall be administered by the 
Secretary as part of the park.''.
    Sec. 139. Amounts invoiced by the Secretary of the Interior and paid 
in full before the date of enactment of this Act for the purchase of 
Federal royalty oil by a refiner pursuant to the preference for small 
refiners in section 36 of the Mineral Leasing Act (30 U.S.C. 192) or 
section 27(b)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1353(b)(2)) are hereby ratified and deemed to be the refiner's total 
obligation to the United States for such purchases notwithstanding any 
other provision of law, including the regulations set forth in 30 C.F.R. 
208.13 (1997), subject to adjustment to reconcile billed volumes with 
delivered volumes: Provided, That all delivered royalty oil volumes so 
invoiced were processed, used, or exchanged for other crude oil on a 
volume or equivalent basis that was processed or used, in the refiner's 
refineries located in the United States.
    Sec. 140. Remaining funds in the amount of $250,000, appropriated as 
part of Public Law 105-83 in the National Park Service construction 
account for fiscal year 1998 for an environmental impact statement of a 
site for an interpretive center along the Blue Ridge Parkway near 
Roanoke, Virginia, may be used for the construction of an interpretive 
center outside of the boundaries of the Blue Ridge Parkway, near 
Roanoke, Virginia.
    Sec. 141. Section 5(a)(3) of the Act entitled ``An Act to provide 
for the establishment of the Indiana Dunes National Lakeshore, and for 
other purposes'', approved November 5, 1966 (16 U.S.C. 460u-5(a)(3)), is 
amended--

[[Page 112 STAT. 2681-267]]

            (1) in subparagraph (A), in the matter preceding clause (i), 
        by--
                    (A) striking ``as of that date''; and
                    (B) inserting ``, subject to subparagraph (B),'' 
                after ``term ending''; and
            (2) in subparagraph (B), by striking ``Subparagraph (A)'' 
        and inserting ``Subparagraph (A)(ii)''.

    Sec. 142. Notwithstanding any other provision of law, any settlement 
or judgment against the United States for the legislative taking by 
section 817 of Public Law 104-333 (110 Stat. 4200-4201) of real property 
on the eastern end of Santa Cruz Island known as the Gherini Ranch shall 
be paid solely from the permanent judgment appropriation established 
pursuant to section 1304 of title 31, United States Code.
    Sec. 143. <<NOTE: 16 USC 410rr et seq.>>  Public Law 102-350 (16 
U.S.C. 410) is amended to strike ``Marsh-Billings'' each place it 
appears and insert ``Marsh-Billings-Rockefeller''.

    Sec. 144. Refunds or rebates received on an on-going basis from a 
credit card services provider under the Department of the Interior's 
charge card programs may be deposited to and retained without fiscal 
year limitation in the Departmental Working Capital Fund established 
under 43 U.S.C. 1467 and used to fund management initiatives of general 
benefit to the Department of the Interior's bureaus and offices as 
determined by the Secretary or his designee.
    Sec. 145. <<NOTE: 16 USC 460kkk note.>>  The principal visitor 
center for the Santa Monica Mountains National Recreation Area, 
regardless of location, shall be named for Anthony C. Beilenson and 
shall be referred to in any law, document or record of the United States 
as the ``Anthony C. Beilenson Visitor Center''.

     <<NOTE: 16 USC 79a note.>> Sec. 146. The Redwood Information Center 
located at 119231 Highway 101 in Orick, California is hereby named the 
``Thomas H. Kuchel Visitor Center'' and shall be referred to in any law, 
document or record of the United States as the ``Thomas H. Kuchel 
Visitor Center''.

    Sec. 147. Appropriations made in this title under the headings 
Bureau of Indian Affairs and Office of Special Trustee for American 
Indians and any available unobligated balances from prior appropriations 
Acts made under the same headings, shall be available for expenditure or 
transfer for Indian trust management activities pursuant to the Trust 
Management Improvement Project High Level Implementation Plan.
    Sec. 148. All funds received by the United States as a result of the 
sale or the exchange and subsequent sale of lands under section 
412(a)(1) of the ``Treasury and General Government Appropriations Act, 
1999'' shall be deposited in the ``Everglades restoration'' account in 
accordance with section 390(f)(2)(A) of the Federal Agriculture 
Improvement and Reform Act of 1996, Public Law 104-127, 110 Stat. 1022.
      Sec. 149. Notwithstanding any other provision of law, the 
Secretary of the Interior shall transfer a road easement, no wider than 
50 feet, across lot 1 (USS 3811, First Judicial District, Juneau 
Recording District, State of Alaska), administered by the National Park 
Service, identified as road alternative 1 on the map entitled ``Traffic 
and Environmental Feasibility Study for Access to Proposed Auke Cape 
Facility'' in the document for the NOAA/NMFS Juneau Consolidated 
Facility Preliminary Draft Environmental Impact

[[Page 112 STAT. 2681-268]]

Statement, dated July 1996, to the City and Borough of Juneau, Alaska. 
The Secretary of the Interior shall also transfer to the City and 
Borough of Juneau all right, title and interest of the United States in 
the right of way described by the plat recorded in Book 54, page 371, of 
the Juneau Recording District. Such transfers shall occur as soon as 
practical after the Secretary of Commerce has exchanged all, or a 
portion, of the right, title and interest in the 28.16 acres known as 
the Auke Cape property for the 22.35 acres known as the Lena Point 
property, near Juneau, Alaska to the City and Borough of Juneau, Alaska. 
The Secretary of the Interior shall deliver to the City and Borough of 
Juneau, Alaska a deed or patent establishing the conveyance to the City 
and Borough of Juneau, Alaska of said easements. The Secretary of the 
Interior shall retain the right of access and use of such right of way, 
easement and road.

    Sec. 150. All properties administered by the National Park Service 
at Fort Baker, Golden Gate National Recreation Area, and leases, 
concessions, permits and other agreements associated with those 
properties, shall be exempt from all taxes and special assessments, 
except sales tax, by the State of California and its political 
subdivisions, including the County of Marin and the City of Sausalito. 
Such areas of Fort Baker shall remain under exclusive federal 
jurisdiction.
    Sec. 151. Notwithstanding any provision of law, the Secretary of the 
Interior is authorized to negotiate and enter into agreements and 
leases, without regard to section 321 of chapter 314 of the Act of June 
30, 1932 (40 U.S.C. 303b), with any person, firm, association, 
organization, corporation, or governmental entity for all or part of the 
property within Fort Baker administered by the Secretary as part of 
Golden Gate National Recreation Area. The proceeds of the agreements or 
leases shall be retained by the Secretary and such proceeds shall be 
available, without future appropriation, for the preservation, 
restoration, operation, maintenance and interpretation and related 
expenses incurred with respect to Fort Baker properties.
    Sec. 152. In implementing section 1307(a) of the Alaska National 
Interest Lands Conservation Act (16 U.S.C. 3197), the Secretary of the 
Interior shall deem the holder (on the date of enactment of this Act) of 
the concession contract KATM001-81 to be a person who, on or before 
January 1, 1979, was engaged in adequately providing visitor services of 
the type authorized in said contract with Katmai National Park and 
Preserve.

                       TITLE II--RELATED AGENCIES

                        DEPARTMENT OF AGRICULTURE

                             Forest Service

                      forest and rangeland research

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

[[Page 112 STAT. 2681-269]]

                       state and private forestry

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

                         national forest system

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

                        wildland fire management

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

[[Page 112 STAT. 2681-270]]

                     reconstruction and construction

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

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

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

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

                          range betterment fund

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

[[Page 112 STAT. 2681-271]]

     gifts, donations and bequests for forest and rangeland research

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

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

                administrative provisions, forest service

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of not to exceed 177 passenger 
motor vehicles of which 22 will be used primarily for law enforcement 
purposes and of which 176 shall be for replacement; acquisition of 25 
passenger motor vehicles from excess sources, and hire of such vehicles; 
operation and maintenance of aircraft, the purchase of not to exceed two 
for replacement only, and acquisition of sufficient aircraft from excess 
sources to maintain the operable fleet at 213 aircraft for use in Forest 
Service wildland fire programs and other Forest Service programs; 
notwithstanding other provisions of law, existing aircraft being 
replaced may be sold, with proceeds derived or trade-in value used to 
offset the purchase price for the replacement aircraft; (2) services 
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment 
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings 
and other public improvements (7 U.S.C. 2250); (4) acquisition of land, 
waters, and interests therein, pursuant to 7 U.S.C. 428a; (5) for 
expenses pursuant to the Volunteers in the National Forest Act of 1972 
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as 
authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts 
in accordance with 31 U.S.C. 3718(c).

    None of the funds made available under this Act shall be obligated 
or expended to abolish any region, to move or close any regional office 
for National Forest System administration of the Forest Service, 
Department of Agriculture without the consent of the House and Senate 
Committees on Appropriations.

[[Page 112 STAT. 2681-272]]

    Any appropriations or funds available to the Forest Service may be 
transferred to the Wildland Fire Management appropriation for forest 
firefighting, emergency rehabilitation of burned-over or damaged lands 
or waters under its jurisdiction, and fire preparedness due to severe 
burning conditions.
    Funds appropriated to the Forest Service shall be available for 
assistance to or through the Agency for International Development and 
the Foreign Agricultural Service in connection with forest and rangeland 
research, technical information, and assistance in foreign countries, 
and shall be available to support forestry and related natural resource 
activities outside the United States and its territories and 
possessions, including technical assistance, education and training, and 
cooperation with United States and international organizations.
    None of the funds made available to the Forest Service under this 
Act shall be subject to transfer under the provisions of section 702(b) 
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or 
7 U.S.C. 147b unless the proposed transfer is approved in advance by the 
House and Senate Committees on Appropriations in compliance with the 
reprogramming procedures contained in House Report 105-163.
    None of the funds available to the Forest Service may be 
reprogrammed without the advance approval of the House and Senate 
Committees on Appropriations in accordance with the procedures contained 
in House Report 105-163.
    No funds appropriated to the Forest Service shall be transferred to 
the Working Capital Fund of the Department of Agriculture without the 
approval of the Chief of the Forest Service.
     <<NOTE: 16 USC 556h.>> Notwithstanding any other provision of law, 
hereafter any appropriations or funds available to the Forest Service 
may be used to disseminate program information to private and public 
individuals and organizations through the use of nonmonetary items of 
nominal value and to provide nonmonetary awards of nominal value and to 
incur necessary expenses for the nonmonetary recognition of private 
individuals and organizations that make contributions to Forest Service 
programs.

     <<NOTE: 30 USC 185 note.>> Notwithstanding any other provision of 
law, hereafter money collected, in advance or otherwise, by the Forest 
Service under authority of section 101 of Public Law 93-153 (30 U.S.C. 
185(1)) as reimbursement of administrative and other costs incurred in 
processing pipeline right-of-way or permit applications and for costs 
incurred in monitoring the construction, operation, maintenance, and 
termination of any pipeline and related facilities, may be used to 
reimburse the applicable appropriation to which such costs were 
originally charged.

    Funds available to the Forest Service shall be available to conduct 
a program of not less than $1,000,000 for high priority projects within 
the scope of the approved budget which shall be carried out by the Youth 
Conservation Corps as authorized by the Act of August 13, 1970, as 
amended by Public Law 93-408.
    None of the funds available in this Act shall be used for timber 
sale preparation using clearcutting in hardwood stands in excess of 25 
percent of the fiscal year 1989 harvested volume in the Wayne National 
Forest, Ohio: Provided, That this limitation shall not apply to hardwood 
stands damaged by natural disaster: Provided further, That landscape 
architects shall be used to maintain a visually pleasing forest.

[[Page 112 STAT. 2681-273]]

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

    Of the funds available to the Forest Service, $1,500 is available to 
the Chief of the Forest Service for official reception and 
representation expenses.
     <<NOTE: 16 USC 554e.>> Notwithstanding any other provision of law, 
hereafter the Forest Service is authorized to employ or otherwise 
contract with persons at regular rates of pay, as determined by the 
Service, to perform work occasioned by emergencies such as fires, 
storms, floods, earthquakes or any other unavoidable cause without 
regard to Sundays, Federal holidays, and the regular workweek.

    To the greatest extent possible, and in accordance with the Final 
Amendment to the Shawnee National Forest Plan, none of the funds 
available in this Act shall be used for preparation of timber sales 
using clearcutting or other forms of even-aged management in hardwood 
stands in the Shawnee National Forest, Illinois.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the 
funds available to the Forest Service, up to $2,250,000 may be advanced 
in a lump sum as Federal financial assistance to the National Forest 
Foundation, without regard to when the Foundation incurs expenses, for 
administrative expenses or projects on or benefitting National Forest 
System lands or related to Forest Service programs: Provided, That of 
the Federal funds made available to the Foundation, no more than 
$400,000 shall be available for administrative expenses: Provided 
further, That the Foundation shall obtain, by the end of the period of 
Federal financial assistance, private contributions to match on at least 
one-for-one basis funds made available by the Forest Service: Provided 
further, That the Foundation may transfer Federal funds to a non-Federal 
recipient for a project at the same rate that the recipient has obtained 
the non-Federal matching funds: <<NOTE: 16 USC 583j-9.>>  Provided 
further, That hereafter, the National Forest Foundation may hold Federal 
funds made available but not immediately disbursed and may use any 
interest or other investment income earned (before, on, or after the 
date of enactment of this Act) on Federal funds to carry out the 
purposes of Public Law 101-593: Provided further, That such investments 
may be made only in interest-bearing obligations of the United States or 
in obligations guaranteed as to both principal and interest by the 
United States.

    Pursuant to section 2(b)(2) of Public Law 98-244, up to $2,650,000 
of the funds available to the Forest Service shall be available for 
matching funds to the National Fish and Wildlife Foundation, as 
authorized by 16 U.S.C. 3701-3709, and may be advanced in a lump sum as 
Federal financial assistance, without regard to when expenses are 
incurred, for projects on or benefitting National Forest System lands or 
related to Forest Service programs: Provided, That the Foundation shall 
obtain, by the end of the period of Federal financial assistance, 
private contributions to match on at least one-for-one basis funds 
advanced by the Forest Service: Provided further, That the Foundation 
may transfer Federal funds to a non-Federal recipient for a project at 
the same

[[Page 112 STAT. 2681-274]]

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

    Funds appropriated to the Forest Service shall be available for 
payments to counties within the Columbia River Gorge National Scenic 
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of 
Public Law 99-663.
    The Secretary of Agriculture is authorized to enter into grants, 
contracts, and cooperative agreements as appropriate with the Pinchot 
Institute for Conservation, as well as with public and other private 
agencies, organizations, institutions, and individuals, to provide for 
the development, administration, maintenance, or restoration of land, 
facilities, or Forest Service programs, at the Grey Towers National 
Historic Landmark: Provided, That, subject to such terms and conditions 
as the Secretary of Agriculture may prescribe, any such public or 
private agency, organization, institution, or individual may solicit, 
accept, and administer private gifts of money and real or personal 
property for the benefit of, or in connection with, the activities and 
services at the Grey Towers National Historic Landmark: Provided 
further, That such gifts may be accepted notwithstanding the fact that a 
donor conducts business with the Department of Agriculture in any 
capacity.
    Funds appropriated to the Forest Service shall be available, as 
determined by the Secretary, for payments to Del Norte County, 
California, pursuant to sections 13(e) and 14 of the Smith River 
National Recreation Area Act (Public Law 101-612).
    For purposes of the Southeast Alaska Economic Disaster Fund as set 
forth in section 101(c) of Public Law 104-134, the direct grants 
provided in subsection (c) shall be considered direct payments for 
purposes of all applicable law except that these direct grants may not 
be used for lobbying activities.
    No employee of the Department of Agriculture may be detailed or 
assigned from an agency or office funded by this Act to any other agency 
or office of the Department for more than 30 days unless the 
individual's employing agency or office is fully reimbursed by the 
receiving agency or office for the salary and expenses of the employee 
for the period of assignment.
    The Forest Service shall fund overhead, national commitments, 
indirect expenses, and any other category for use of funds which are 
expended at any units, that are not directly related to the 
accomplishment of specific work on-the-ground (referred to as ``indirect 
expenditures''), from funds available to the Forest Service, unless 
otherwise prohibited by law: Provided, That not later than

[[Page 112 STAT. 2681-275]]

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

                          DEPARTMENT OF ENERGY

                          clean coal technology

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

                 fossil energy research and development

    For necessary expenses in carrying out fossil energy research and 
development activities, under the authority of the Department of Energy 
Organization Act (Public Law 95-91), including the acquisition of 
interest, including defeasible and equitable interests in any real 
property or any facility or for plant or facility acquisition or 
expansion, and for conducting inquiries, technological investigations 
and research concerning the extraction, processing, use, and disposal of 
mineral substances without objectionable social and environmental costs 
(30 U.S.C. 3, 1602, and 1603), performed under the minerals and 
materials science programs at the Albany

[[Page 112 STAT. 2681-276]]

Research Center in Oregon, $384,056,000, to remain available until 
expended: Provided, That no part of the sum herein made available shall 
be used for the field testing of nuclear explosives in the recovery of 
oil and gas.

                      alternative fuels production

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

                 naval petroleum and oil shale reserves

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

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

                           energy conservation

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

                           economic regulation

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

[[Page 112 STAT. 2681-277]]

                       strategic petroleum reserve

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

                    energy information administration

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

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

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

[[Page 112 STAT. 2681-278]]

prosecute projects using such fees and contributions in cooperation with 
other Federal, State or private agencies or concerns.
    The Secretary in fiscal year 1999 and thereafter, shall continue the 
process begun in fiscal year 1998 of accepting funds from other Federal 
agencies in return for assisting agencies in achieving energy efficiency 
in Federal facilities and operations by the use of privately financed, 
energy savings performance contracts and other private financing 
mechanisms. The funds may be provided after agencies begin to realize 
energy cost savings; may be retained by the Secretary until expended; 
and may be used only for the purpose of assisting Federal agencies in 
achieving greater efficiency, water conservation and use of renewable 
energy by means of privately financed mechanisms, including energy 
savings performance contracts and utility incentive programs. These 
recovered funds will continue to be used to administer even greater 
energy efficiency, water conservation and use of renewable energy by 
means of privately financed mechanisms such as utility efficiency 
service contracts and energy savings performance contracts. The 
recoverable funds will be used for all necessary program expenses, 
including contractor support and resources needed, to achieve overall 
Federal energy management program objectives for greater energy savings. 
Any such privately financed contracts shall meet the provisions of the 
Energy Policy Act of 1992, Public Law 102-486 regarding energy savings 
performance contracts and utility incentive programs.

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Indian Health Service

                         indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68 
Stat. 674), the Indian Self-Determination Act, the Indian Health Care 
Improvement Act, and titles II and III of the Public Health Service Act 
with respect to the Indian Health Service, $1,950,322,000, together with 
payments received during the fiscal year pursuant to 42 U.S.C. 238(b) 
for services furnished by the Indian Health Service: Provided, That 
funds made available to tribes and tribal organizations through 
contracts, grant agreements, or any other agreements or compacts 
authorized by the Indian Self-Determination and Education Assistance Act 
of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of 
the grant or contract award and thereafter shall remain available to the 
tribe or tribal organization without fiscal year limitation: Provided 
further, That $12,000,000 shall remain available until expended, for the 
Indian Catastrophic Health Emergency Fund: Provided further, That 
$373,801,000 for contract medical care shall remain available for 
obligation until September 30, 2000: Provided further, That of the funds 
provided, up to $17,000,000 shall be used to carry
out the loan repayment program under section 108 of the Indian Health 
Care Improvement Act: Provided further, That funds provided in this Act 
may be used for one-year contracts and grants which are to be performed 
in two fiscal years, so long as the total obligation is recorded in the 
year for which the funds are appropriated: Provided further, That the 
amounts collected by the Secretary of Health and Human Services under 
the authority of

[[Page 112 STAT. 2681-279]]

title IV of the Indian Health Care Improvement Act shall remain 
available until expended for the purpose of achieving compliance with 
the applicable conditions and requirements of titles XVIII and XIX of 
the Social Security Act (exclusive of planning, design, or construction 
of new facilities): Provided further, That funding contained herein, and 
in any earlier appropriations Acts for scholarship programs under the 
Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain 
available for obligation until September 30, 2000: Provided further, 
That amounts received by tribes and tribal organizations under title IV 
of the Indian Health Care Improvement Act shall be reported and 
accounted for and available to the receiving tribes and tribal 
organizations until expended: Provided further, That, notwithstanding 
any other provision of law, of the amounts provided herein, not to 
exceed $203,781,000 shall be for payments to tribes and tribal 
organizations for contract or grant support costs associated with 
contracts, grants, self-governance compacts or annual funding agreements 
between the Indian Health Service and a tribe or tribal organization 
pursuant to the Indian Self-Determination Act of 1975, as amended, prior 
to or during fiscal year 1999: Provided further, That funds provided to 
the Ponca Indian Tribe of Nebraska in previous fiscal years that were 
retained by the tribe to carry out the programs and functions of the 
Indian Health Service may be used by the tribe to obtain approved 
clinical space to carry out the program.

                        indian health facilities

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

            administrative provisions, indian health service

    Appropriations in this Act to the Indian Health Service shall be 
available for services as authorized by 5 U.S.C. 3109 but at rates not 
to exceed the per diem rate equivalent to the maximum rate payable for 
senior-level positions under 5 U.S.C. 5376; hire of passenger motor 
vehicles and aircraft; purchase of medical equipment; purchase of 
reprints; purchase, renovation and erection of modular buildings and 
renovation of existing facilities; payments for telephone service in 
private residences in the field, when authorized under regulations 
approved by the Secretary; and for uniforms or allowances therefore as 
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at 
meetings which are concerned with

[[Page 112 STAT. 2681-280]]

the functions or activities for which the appropriation is made or which 
will contribute to improved conduct, supervision, or management of those 
functions or activities: Provided, That in accordance with the 
provisions of the Indian Health Care Improvement Act, non-Indian 
patients may be extended health care at all tribally administered or 
Indian Health Service facilities, subject to charges, and the proceeds 
along with funds recovered under the Federal Medical Care Recovery Act 
(42 U.S.C. 2651-2653) shall be credited to the account of the facility 
providing the service and shall be available without fiscal year 
limitation: Provided further, That notwithstanding any other law or 
regulation, funds transferred from the Department of Housing and Urban 
Development to the Indian Health Service shall be administered under 
Public Law 86-121 (the Indian Sanitation Facilities Act) and Public Law 
93-638, as amended: Provided further, That funds appropriated to the 
Indian Health Service in this Act, except those used for administrative 
and program direction purposes, shall not be subject to limitations 
directed at curtailing Federal travel and transportation: Provided 
further, That notwithstanding any other provision of law, funds 
previously or herein made available to a tribe or tribal organization 
through a contract, grant, or agreement authorized by title I or title 
III of the Indian Self-Determination and Education Assistance Act of 
1975 (25 U.S.C. 450), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance agreement 
under title III of such Act and thereafter shall remain available to the 
tribe or tribal organization without fiscal year limitation: Provided 
further, That none of the funds made available to the Indian Health 
Service in this Act shall be used to implement the final rule published 
in the Federal Register on September 16, 1987, by the Department of 
Health and Human Services, relating to the eligibility for the health 
care services of the Indian Health Service until the Indian Health 
Service has submitted a budget request reflecting the increased costs 
associated with the proposed final rule, and such request has been 
included in an appropriations Act and enacted into law: Provided 
further, That funds made available in this Act are to be apportioned to 
the Indian Health Service as appropriated in this Act, and accounted for 
in the appropriation structure set forth in this Act: Provided further, 
That with respect to functions transferred by the Indian Health Service 
to tribes or tribal organizations, the Indian Health Service is 
authorized to provide goods and services to those entities, on a 
reimbursable basis, including payment in advance with subsequent 
adjustment, and the reimbursements received therefrom, along with the 
funds received from those entities pursuant to the Indian Self-
Determination Act, may be credited to the same or subsequent 
appropriation account which provided the funding, said amounts to remain 
available until expended: Provided further, <<NOTE: 25 USC 450j-
2.>> That, heretofore and hereafter and notwithstanding any other 
provision of law, funds available to the Indian Health Service in this 
Act or any other Act for Indian self-determination or self-governance 
contract or grant support costs may be expended only for costs directly 
attributable to contracts, grants and compacts pursuant to the Indian 
Self-Determination Act and no funds appropriated by this or any other 
Act shall be available for any contract support costs or indirect costs 
associated with any contract, grant, cooperative agreement, self-
governance compact, or funding agreement entered into between an Indian 
tribe or tribal organization

[[Page 112 STAT. 2681-281]]

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

                         OTHER RELATED AGENCIES

               Office of Navajo and Hopi Indian Relocation

                          salaries and expenses

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

    Institute of American Indian and Alaska Native Culture and Arts 
                               Development

                        payment to the institute

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

                         Smithsonian Institution

                          salaries and expenses

    For necessary expenses of the Smithsonian Institution, as authorized 
by law, including research in the fields of art, science, and history; 
development, preservation, and documentation of the National 
Collections; presentation of public exhibits and performances; 
collection, preparation, dissemination, and exchange of information and 
publications; conduct of education, training, and museum assistance 
programs; maintenance, alteration, operation, lease (for terms not to 
exceed 30 years), and protection of buildings, facilities, and 
approaches; not to exceed $100,000 for services as authorized by 5 
U.S.C. 3109; up to 5 replacement passenger

[[Page 112 STAT. 2681-282]]

vehicles; purchase, rental, repair, and cleaning of uniforms for 
employees; $347,154,000, of which not to exceed $38,165,000 for the 
instrumentation program, collections acquisition, Museum Support Center 
equipment and move, exhibition reinstallation, the National Museum of 
the American Indian, the repatriation of skeletal remains program, 
research equipment, information management, and Latino programming shall 
remain available until expended, and including such funds as may be 
necessary to support American overseas research centers and a total of 
$125,000 for the Council of American Overseas Research Centers: 
Provided, That funds appropriated herein are available for advance 
payments to independent contractors performing research services or 
participating in official Smithsonian presentations.

         construction and improvements, national zoological park

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

                   repair and restoration of buildings

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

                              construction

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

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

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

[[Page 112 STAT. 2681-283]]

                         National Gallery of Art

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

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

             John F. Kennedy Center for the Performing Arts

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

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

            Woodrow Wilson International Center for Scholars

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

[[Page 112 STAT. 2681-284]]

hire of passenger vehicles and services as authorized by 5 U.S.C. 3109, 
$5,840,000.

           National Foundation on the Arts and the Humanities

                     National Endowment for the Arts

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

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

                  National Endowment for the Humanities

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

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

[[Page 112 STAT. 2681-285]]

                Institute of Museum and Library Services

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

                        administrative provisions

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

                         Commission of Fine Arts

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

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

                Advisory Council on Historic Preservation

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

                  National Capital Planning Commission

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

                United States Holocaust Memorial Council

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

[[Page 112 STAT. 2681-286]]

                             Presidio Trust

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

                      TITLE III--GENERAL PROVISIONS

    Sec. 301. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such expenditures 
are a matter of public record and available for public inspection, 
except where otherwise provided under existing law, or under existing 
Executive Order issued pursuant to existing law.
    Sec. 302. No part of any appropriation under this Act shall be 
available to the Secretary of the Interior or the Secretary of 
Agriculture for the leasing of oil and natural gas by noncompetitive 
bidding on publicly owned lands within the boundaries of the Shawnee 
National Forest, Illinois: Provided, That nothing herein is intended to 
inhibit or otherwise affect the sale, lease, or right to access to 
minerals owned by private individuals.
    Sec. 303. No part of any appropriation contained in this Act shall 
be available for any activity or the publication or distribution of 
literature that in any way tends to promote public support or opposition 
to any legislative proposal on which congressional action is not 
complete.
    Sec. 304. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 305. None of the funds provided in this Act to any department 
or agency shall be obligated or expended to provide a personal cook, 
chauffeur, or other personal servants to any officer or employee of such 
department or agency except as otherwise provided by law.
    Sec. 306. No assessments may be levied against any program, budget 
activity, subactivity, or project funded by this Act unless advance 
notice of such assessments and the basis therefor are presented to the 
Committees on Appropriations and are approved by such Committees.
    Sec. 307. (a) Compliance With Buy American Act.--None of the funds 
made available in this Act may be expended by an entity unless the 
entity agrees that in expending the funds the entity will comply with 
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c; 
popularly known as the ``Buy American Act'').
    (b) Sense of Congress; Requirement Regarding Notice.--
            (1) Purchase of american-made equipment and products.--In 
        the case of any equipment or product that may be authorized to 
        be purchased with financial assistance provided using funds made 
        available in this Act, it is the sense of the Congress that 
        entities receiving the assistance should,

[[Page 112 STAT. 2681-287]]

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

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

[[Page 112 STAT. 2681-288]]

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

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

[[Page 112 STAT. 2681-289]]

    (b) The provisions of this section shall be repealed upon enactment 
of subsequent legislation specifically authorizing United States 
participation in the Man and Biosphere program.
    Sec. 318. <<NOTE: 16 USC 459j-4 note.>> None of the funds made 
available in this or any other Act for any fiscal year may be used to 
designate, or to post any sign designating, any portion of Canaveral 
National Seashore in Brevard County, Florida, as a clothing-optional 
area or as an area in which public nudity is permitted, if such 
designation would be contrary to county ordinance.

    Sec. 319. Of the funds provided to the National Endowment for the 
Arts--
            (1) The Chairperson shall only award a grant to an 
        individual if such grant is awarded to such individual for a 
        literature fellowship, National Heritage Fellowship, or American 
        Jazz Masters Fellowship.
            (2) The Chairperson shall establish procedures to ensure 
        that no funding provided through a grant, except a grant made to 
        a State or local arts agency, or regional group, may be used to 
        make a grant to any other organization or individual to conduct 
        activity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments made in exchange for 
goods and services.
            (3) No grant shall be used for seasonal support to a group, 
        unless the application is specific to the contents of the 
        season, including identified programs and/or projects.

    Sec. 320. The National Endowment for the Arts and the National 
Endowment for the Humanities are authorized to solicit, accept, receive, 
and invest in the name of the United States, gifts, bequests, or devises 
of money and other property or services and to use such in furtherance 
of the functions of the National Endowment for the Arts and the National 
Endowment for the Humanities. Any proceeds from such gifts, bequests, or 
devises, after acceptance by the National Endowment for the Arts or the 
National Endowment for the Humanities, shall be paid by the donor or the 
representative of the donor to the Chairman. The Chairman shall enter 
the proceeds in a special interest-bearing account to the credit of the 
appropriate Endowment for the purposes specified in each case.
    Sec. 321. No part of any appropriation contained in this Act shall 
be expended or obligated to fund new revisions of national forest land 
management plans until new final or interim final rules for forest land 
management planning are published in the Federal Register. Those 
national forests which are currently in a revision process, having 
formally published a Notice of Intent to revise prior to October 1, 
1997; those national forests having been court-ordered to revise; those 
national forests where plans reach the fifteen year legally mandated 
date to revise before or during calendar year 2000; national forests 
within the Interior Columbia Basin Ecosystem study area; and the White 
Mountain National Forest are exempt from this section and may use funds 
in this Act and proceed to complete the forest plan revision in 
accordance with current forest planning regulations.
    Sec. 322. No part of any appropriation contained in this Act shall 
be expended or obligated to complete and issue the five-year program 
under the Forest and Rangeland Renewable Resources Planning Act.

[[Page 112 STAT. 2681-290]]

    Sec. 323. (a)  <<NOTE: 16 USC 1011 note.>> Watershed Restoration and 
Enhancement Agreements.--For fiscal year 1999, 2000 and 2001, to the 
extent funds are otherwise available, appropriations for the Forest 
Service may be used by the Secretary of Agriculture for the purpose of 
entering into cooperative agreements with willing Federal, tribal, State 
and local governments, private and nonprofit entities and landowners for 
the protection, restoration and enhancement of fish and wildlife 
habitat, and other resources on public or private land, the reduction of 
risk from natural disaster where public safety is threatened, or a 
combination thereof or both that benefit these resources within the 
watershed.

    (b) Direct and Indirect Watershed Agreements.--The Secretary of 
Agriculture may enter into a watershed restoration and enhancement 
agreement--
            (1) directly with a willing private landowner; or
            (2) indirectly through an agreement with a State, local or 
        tribal government or other public entity, educational 
        institution, or private nonprofit organization.

    (c) Terms and Conditions.--In order for the Secretary to enter into 
a watershed restoration and enhancement agreement--
            (1) the agreement shall--
                    (A) include such terms and conditions mutually 
                agreed to by the Secretary and the landowner, state or 
                local government, or private or nonprofit entity;
                    (B) improve the viability of and otherwise benefit 
                the fish, wildlife, and other resources on national 
                forests lands within the watershed;
                    (C) authorize the provision of technical assistance 
                by the Secretary in the planning of management 
                activities that will further the purposes of the 
                agreement;
                    (D) provide for the sharing of costs of implementing 
                the agreement among the Federal Government, the 
                landowner(s), and other entities, as mutually agreed on 
                by the affected interests; and
                    (E) ensure that any expenditure by the Secretary 
                pursuant to the agreement is determined by the Secretary 
                to be in the public interest; and
            (2) the Secretary may require such other terms and 
        conditions as are necessary to protect the public investment on 
        non-Federal lands, provided such terms and conditions are 
        mutually agreed to by the Secretary and other landowners, State 
        and local governments or both.

    (d) Reporting Requirements.--Not later than December 31, 1999, the 
Secretary shall submit a report to the Committees on Appropriations of 
the House and Senate, which contains--
            (1) A concise description of each project, including the 
        project purpose, location on federal and non-federal land, key 
        activities, and all parties to the agreement.
            (2) the funding and/or other contributions provided by each 
        party for each project agreement.

    Sec. 324. (a) In providing services or awarding financial assistance 
under the National Foundation on the Arts and the Humanities Act of 1965 
from funds appropriated under this Act, the Chairperson of the National 
Endowment for the Arts shall ensure that priority is given to providing 
services or awarding financial assistance for projects, productions, 
workshops, or programs that serve underserved populations.

[[Page 112 STAT. 2681-291]]

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

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

    Sec. 325. None of the funds in this Act may be used for planning, 
design or construction of improvements to Pennsylvania Avenue in front 
of the White House without the advance approval of the House and Senate 
Committees on Appropriations.
    Sec. 326. <<NOTE: 40 USC 1003 note.>>  Notwithstanding the 
provisions of section 1010(b) of the Commemorative Works Act (40 U.S.C. 
1001 et seq.), the legislative authority for the international memorial 
to honor the victims of communism, authorized under section 905 of 
Public Law 103-199 (107 Stat. 2331), shall expire December 17, 2007.

     <<NOTE: 16 USC 460l-6a note.>> Sec. 327. Section 101(c) of Public 
Law 104-134, as amended, is further amended as follows: Under the 
heading ``Title III--General Provisions'' amend section 315(f) (16 
U.S.C. 460l-6a note) by striking ``September 30, 1999'' after the words 
``and end on'' and inserting ``September 30, 2001'' and striking 
``September 30, 2002'' after the words ``remain available through'' and 
inserting ``September 30, 2004''.

    Sec. 328. Notwithstanding any other provision of law, none of the 
funds in this Act may be used to enter into any new or expanded self-
determination contract or grant or self-governance compact pursuant to 
the Indian Self-Determination Act of 1975, as amended, for any 
activities not previously covered by such contracts, compacts or grants. 
Nothing in this section precludes the continuation of those specific 
activities for which self-determination

[[Page 112 STAT. 2681-292]]

and self-governance contracts, compacts and grants currently exist or 
the renewal of contracts, compacts and grants for those activities; 
implementation of section 325 of Public Law 105-83 (111 Stat. 1597); or 
compliance with 25 U.S.C. 2005.
    Sec. 329. <<NOTE: 16 USC 535a.>>  (a) Prohibition on Timber 
Purchaser Road Credits.--In financing any forest development road 
pursuant to section 4 of Public Law 88-657 (16 U.S.C. 535, commonly 
known as the National Forest Roads and Trails Act), the Secretary of 
Agriculture may not provide effective credit for road construction to 
any purchaser of national forest timber or other forest products.

    (b)(1) Construction of Roads by Timber Purchasers.--Whenever the 
Secretary of Agriculture makes a determination that a forest development 
road referred to in subsection (a) shall be constructed or paid for, in 
whole or in part, by a purchaser of national forest timber or other 
forest products, the Secretary shall include notice of the determination 
in the notice of sale of the timber or other forest products. The notice 
of sale shall contain, or announce the availability of, sufficient 
information related to the road described in the notice to permit a 
prospective bidder on the sale to calculate the likely cost that would 
be incurred by the bidder to construct or finance the construction of 
the road so that the bidder may reflect such cost in the bid.

    (2) If there is an increase or decrease in the cost of roads 
constructed by the timber purchaser, caused by variations in quantities, 
changes or modifications subsequent to the sale of timber made in 
accordance with applicable timber sale contract provisions, then an 
adjustment to the price paid for timber harvested by the purchaser shall 
be made. The adjustment shall be applied by the Secretary as soon as 
practicable after any such design change is implemented.
    (c) Special Election by Small Business Concerns.--(1) A notice of 
sale referred to in subsection (b) containing specified road 
construction of $50,000 or more, shall give a purchaser of national 
forest timber or other forest products that qualifies as a ``small 
business concern'' under the Small Business Act (15 U.S.C. 631 et seq.), 
and regulations issued thereunder, the option to elect that the 
Secretary of Agriculture build the roads described in the notice. The 
Secretary shall provide the small business concern with an estimate of 
the cost that would be incurred by the Secretary to construct the roads 
on behalf of the small business concern. The notice of sale shall also 
include the date on which the roads described in the notice will be 
completed by the Secretary if the election is made.
    (2) If the election referred to in paragraph (1) is made, the 
purchaser of the national forest timber or other forest products shall 
pay to the Secretary of Agriculture, in addition to the price paid for 
the timber or other forest products, an amount equal to the estimated 
cost of the roads which otherwise would be paid by the purchaser as 
provided in the notice of sale. Pending receipt of such amount, the 
Secretary may use receipts from the sale of national forest timber or 
other forest products and such additional sums as may be appropriated 
for the construction of roads, such funds to be available until 
expended, to accomplish the requested road construction.
    (d) Post Construction Harvesting.--In each sale of national forest 
timber or other forest products referred to in this section, the 
Secretary of Agriculture is encouraged to authorize harvest

[[Page 112 STAT. 2681-293]]

of the timber or other forest products in a unit included in the sale as 
soon as road work for that unit is completed and the road work is 
approved by the Secretary.
    (e) Construction Standard.--For any forest development road that is 
to be constructed or paid for by a purchaser of national forest timber 
or other forest products, the Secretary of Agriculture may not require 
the purchaser to design, construct, or maintain the road (or pay for the 
design, construction, or maintenance of the road) to a standard higher 
than the standard, consistent with applicable environmental laws and 
regulations, that is sufficient for the harvesting and removal of the 
timber or other forest products, unless the Secretary bears that part of 
the cost necessary to meet the higher standard.
    (f) Treatment of Road Value.--For any forest development road that 
is constructed or paid for by a purchaser of national forest timber or 
other forest products, the estimated cost of the road construction, 
including subsequent design changes, shall be considered to be money 
received for purposes of the payments required to be made under the 
sixth paragraph under the heading ``FOREST SERVICE'' in the Act of May 
23, 1908 (35 Stat. 260, 16 U.S.C. 500), and section 13 of the Act of 
March 1, 1911 (35 Stat. 963; commonly known as the Weeks Act; 16 U.S.C. 
500). To the extent that the appraised value of road construction 
determined under this subsection reflects funds contributed by the 
Secretary of Agriculture to build the road to a higher standard pursuant 
to subsection (e), the Secretary shall modify the appraisal of the road 
construction to exclude the effect of the Federal funds.
    (g) Effective Date.--(1) This section and the requirements of this 
section shall take effect (and apply thereafter) upon the earlier of--
            (A) April 1, 1999; or
            (B) the date that is the later of--
                    (i) the effective date of regulations issued by the 
                Secretary of Agriculture to implement this section; and
                    (ii) the date on which new timber sale contract 
                provisions designed to implement this section, that have 
                been published for public comment, are approved by the 
                Secretary.

    (2) Notwithstanding paragraph (1), any sale of national forest 
timber or other forest products for which notice of sale is provided 
before the effective date of this section, and any effective purchaser 
road credit earned pursuant to a contract resulting from such a notice 
of sale or otherwise earned before that effective date shall remain in 
effect, and shall continue to be subject to section 4 of Public Law 88-
657 and section 14(i) of the National Forest Management Act of 1976 (16 
U.S.C. 472a(i)), and rules issued thereunder, as in effect on the day 
before the date of the enactment of this Act.
    Sec. 330. Section 6(b)(1)(B)(iii) of the National Foundation on the 
Arts and Humanities Act of 1965 (20 U.S.C. 955(b)(1)(B)(iii)) is amended 
by striking ``One'' and inserting ``Two''.
      Sec. 331. Section 401(f) of Public Law 105-83 (111 Stat. 1610) is 
hereby amended <<NOTE: 43 USC 1474d.>>  by striking ``1998'' and 
inserting in lieu thereof ``1999''.

    Sec. 332. Amounts deposited during fiscal year 1998 in the roads and 
trails fund provided for in the fourteenth paragraph under the heading 
``FOREST SERVICE'' of the Act of March 4,

[[Page 112 STAT. 2681-294]]

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

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

[[Page 112 STAT. 2681-295]]

    (c) Preservation of Existing Rights of Access.--Nothing in this 
section shall impair any existing rights of access in favor of the 
public or any owner of adjacent lands over, under or across the lands 
which are referred to in subsection (a).
    (d) Minerals.--The United States disclaims any and all right of 
surface entry to the mineral estate of lands described in subsection 
(b).
    Sec. 335. <<NOTE: 16 USC 3503 note.>> The final set of maps entitled 
``Coastal Barrier Resources System'', dated ``October 24, 1990, revised 
November 12, 1996'', and relating to the following units of the Coastal 
Barrier Resources System: P04A, P05/P05P; P05A/P05AP, FL-06P; P10/P10P; 
P11; P11AP; P11A; P18/P18P; P25/P25P; and P32/P32P (which set of maps 
were created by the Department of the Interior to comply with section 
220 of Public Law 104-333, 110 Stat. 4115, and notice of which was 
published in the Federal Register on May 28, 1997) shall have the force 
and effect of law and replace and substitute for any other inconsistent 
Coastal Barrier Resource System map in the possession of the Department 
of the Interior. This provision is effective immediately upon enactment 
of this Act and the Secretary of the Interior or his designee shall 
immediately make this ministerial substitution.

    Sec. 336. Section 405(c)(2) of the Indian Health Care Improvement 
Act (42 U.S.C. 1645(c)(2)) <<NOTE: 25 USC 1645.>>  is amended by 
striking ``September 30, 1998'' and inserting ``September 30, 2000''.

    Sec. 337. Section 3003 of the Petroleum Overcharge Distribution and 
Restitution Act of 1986 (15 U.S.C. 4502) is amended by adding after 
subsection (d) the following new subsection:
    ``(e) Subsections (b), (c), and (d) of this section are repealed, 
and any rights that may have arisen are extinguished, on the date of the 
enactment of the Department of the Interior and Related Agencies 
Appropriations Act, 1999. After that date, the amount available for 
direct restitution to current and future refined petroleum product 
claimants under this Act is reduced by the amounts specified in title II 
of that Act as being derived from amounts held in escrow under section 
3002(d). The Secretary shall assure that the amount remaining in escrow 
to satisfy refined petroleum product claims for direct restitution is 
allocated equitably among the claimants.''.
    Sec. 338. Section 123(a)(2)(C) of the Department of the Interior and 
Related Agencies Appropriations Act, 1998 (111 Stat. 1566), 
is <<NOTE: 25 USC 2717 note.>> amended by striking ``self-regulated 
tribes such as''.
      Sec. 339. <<NOTE: 16 USC 3102 note.>> (a) Restriction on Federal 
Management Under Title VIII of the Alaska National Interest Lands 
Conservation Act.--
            (1) Notwithstanding any other provision of law, hereafter 
        neither the Secretary of the Interior nor the Secretary of 
        Agriculture may, prior to December 1, 2000, implement or enforce 
        any final rule, regulation, or policy pursuant to title VIII of 
        the Alaska National Interest Lands Conservation Act to manage 
        and to assert jurisdiction, authority, or control over land, 
        water, and wild, renewable resources, including fish and 
        wildlife, in Alaska for subsistence uses, except within--
                    (A) areas listed in 50 C.F.R. 100.3(b) (October 1, 
                1998) and
                    (B) areas constituting ``public land or public 
                lands'' under the definition of such term found at 50 
                C.F.R. 100.4 (October 1, 1998).

[[Page 112 STAT. 2681-296]]

            (2) The areas in subparagraphs (A) and (B) of paragraph (1) 
        shall only be construed to mean those public lands which as of 
        October 1, 1998, were subject to federal management for 
        subsistence uses pursuant to Title VIII of the Alaska National 
        Interest Lands Conservation Act.
      (b) Subsection (a) Repealed.--
            (1) The Secretary of the Interior shall certify before 
        October 1, 1999, if a bill or resolution has been passed by the 
        Alaska State Legislature to amend the Constitution of the State 
        of Alaska that, if approved by the electorate, would enable the 
        implementation of state laws of general applicability consistent 
        with, and which provide for the definition, preference, and 
        participation specified in sections 803, 804, and 805 of the 
        Alaska National Interest Lands Conservation Act.
            (2) Subsection (a) shall be repealed on October 1, 1999, 
        unless prior to that date the Secretary of the Interior makes 
        such a certification described in paragraph (1).
      (c) Technical Amendments to the Alaska National Interest Lands 
Conservation Act.--Section 805 of the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 3115) is amended--
            (1) in subsection (a) by striking ``one year after the date 
        of enactment of this Act,''
            (2) in subsection (d) by striking ``within one year from the 
        date of enactment of this Act,''.
      (d) Effect on Tidal and Submerged Land.--Nothing in this section 
invalidates, validates, or in any other way affects any claim of the 
State of Alaska to title to any tidal or submerged land in Alaska.

    Sec. 340. None of the funds made available in this Act may be used 
to establish a national wildlife refuge in the Kankakee River watershed 
in northwestern Indiana and northeastern Illinois.

    Sec. 341. <<NOTE: 16 USC 544g note.>>  Upon the condition that 
Skamania County conveys title acceptable to the Secretary of Agriculture 
to all right, title and interest in lands identified on a map dated 
September 29, 1998 entitled ``Skamania County Lands to be Transferred'', 
such lands being located on Table Mountain lying within the Columbia 
River Gorge National Scenic Area, there is hereby conveyed to Skamania 
County, notwithstanding any other provision of law, the Wind River 
Nursery Site lands and facilities and all interests therein, except for 
the corridor of the Pacific Crest National Scenic Trail, as depicted on 
a map dated September 29, 1998, entitled ``Wind River Conveyance'', 
which is on file and available for public inspection in the Office of 
the Chief, USDA Forest Service, Washington, D.C.

    The conveyance of lands to Skamania County shall become 
automatically effective upon a determination by the Secretary that 
Skamania County has conveyed acceptable title to the United States to 
the Skamania County lands. Lands conveyed to the United States shall 
become part of the Gifford Pinchot National Forest and shall have the 
status of lands acquired under the Act of March 1, 1911, (commonly 
called the Weeks Act) and shall be managed in accordance with the laws 
and regulations applicable to the National Forest System.
    Sec. 342. <<NOTE: 16 USC 90a-1 note.>> (a) Boundary Adjustments.--
            (1) Lake chelan national recreation area.--The boundary of 
        the Lake Chelan National Recreation Area, established

[[Page 112 STAT. 2681-297]]

        by section 202 of Public Law 90-544 (16 U.S.C. 90a-1), is hereby 
        adjusted to exclude a parcel of land and waters consisting of 
        approximately 88 acres, as depicted on the map entitled 
        ``Proposed Management Units, North Cascades, Washington'', 
        numbered NP-CAS-7002A, originally dated October 1967, and 
        revised July 13, 1994.
            (2) Wenatchee national forest.--The boundary of the 
        Wenatchee National Forest is hereby adjusted to include the 
        parcel of land and waters described in paragraph (1).
            (3) Availability of map.--The map referred to in paragraph 
        (1) shall be on file and available for public inspection in the 
        offices of the superintendent of the Lake Chelan National 
        Recreation Area and the Director of the National Park Service, 
        Department of the Interior, and in the office of the Chief of 
        the Forest Service, Department of Agriculture.

    (b) Transfer of Administrative Jurisdiction.--Administrative 
jurisdiction over Federal land and waters in the parcel covered by the 
boundary adjustments in subsection (a) is transferred from the Secretary 
of the Interior to the Secretary of Agriculture, and the transferred 
land and waters shall be managed by the Secretary of Agriculture in 
accordance with the laws and regulations pertaining to the National 
Forest System.
    (c) Land and Water Conservation Fund.--For purposes of section 7 of 
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the 
boundaries of the Wenatchee National Forest, as adjusted by subsection 
(a), shall be considered to be the boundaries of the Wenatchee National 
Forest as of January 1, 1965.
    Sec. 343.  <<NOTE: 16 USC 1642 note.>> Hardwood Technology Transfer 
and Applied Research. (a) The Secretary of Agriculture (hereinafter the 
``Secretary'') is hereby authorized to conduct technology transfer and 
development, training, dissemination of information and applied research 
in the management, processing and utilization of the hardwood forest 
resource. This authority is in addition to any other authorities which 
may be available to the Secretary including, but not limited to, the 
Cooperative Forestry Assistance Act of 1978, as amended (16 U.S.C. 2101 
et. seq.), and the Forest and Rangeland Renewable Resources Act of 1978, 
as amended (16 U.S.C. 1600-1614).

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

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

[[Page 112 STAT. 2681-298]]

    (d) The Secretary is authorized to operate and utilize the assets of 
the Center as part of a newly formed ``Institute of Hardwood Technology 
Transfer and Applied Research'' (hereinafter the ``Institute''). The 
Institute, in addition to the Center, will consist of a Director, 
technology transfer specialists from State and Private Forestry, the 
Forestry Sciences Laboratory in Princeton, West Virginia, and any other 
organizational unit of the Department of Agriculture as the Secretary 
deems appropriate. The overall management of the Institute will be the 
responsibility of the USDA Forest Service, State and Private Forestry.
    (e) The Secretary is authorized to generate revenue using the 
authorities provided herein. Any revenue received as part of the 
operation of the Institute shall be deposited into a special fund in the 
Treasury of the United States, known as the ``Hardwood Technology 
Transfer and Applied Research Fund'', which shall be available to the 
Secretary until expended, without further appropriation, in furtherance 
of the purposes of this section, including upkeep, management, and 
operation of the Institute and the payment of salaries and expenses.
    (f) There are hereby authorized to be appropriated such sums as 
necessary to carry out the provisions of this section.
    Sec. 344. Notwithstanding the requirements of section 1203(a) of 
Public Law 99-662 [100 Stat. 4263], the non-Federal share of the cost of 
correcting the spillway deficiency at Beach City Lake, Muskingum River 
Basin, Ohio, shall not exceed $141,000.
    Sec. 345. <<NOTE: 16 USC 497d note.>> Notwithstanding section 343 of 
Public Law 105-83, increases in recreation residence fees on the 
Sawtooth National Forest shall be implemented in fiscal year 1999 only 
to the extent that such fee increases do not exceed 25 percent.

    Sec. 346. Section 7 of the Granger-Thye Act of April 24, 1950 is 
amended <<NOTE: 16 USC 580d.>> by deleting the words ``recondition and 
maintain,'' substituting in lieu thereof the words ``renovate, 
recondition, improve, and maintain''.

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

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

[[Page 112 STAT. 2681-299]]

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

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

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

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

[[Page 112 STAT. 2681-300]]

Stat. 430, chapter 131; 16 U.S.C. 498); notwithstanding the fact that 
the timber purchasers did not harvest the timber.

    (f) Performance and Payment Guarantees.--
            (1) In general.--The Forest Service may require performance 
        and payment bonds, in accordance with sections 103-2 and 103-2 
        of part 28 of the Federal Acquisition Regulation (48 C.F.R. 
        28.103-2, 28.103-3), in an amount that the contracting officer 
        considers sufficient to protect the Government's investment in 
        receipts generated by the contractor from the estimated value of 
        the forest products to be removed under contract under 
        subsection (a).
            (2) Excess offset value.--If the offset value of the forest 
        products exceeds the value of the resource improvement 
        treatments, the Forest Service may--
                    (A) collect any residual receipts pursuant to the 
                Act of June 9, 1930 (46 Stat. 527, chapter 416; 16 
                U.S.C. 576b); and
                    (B) apply the excess to other authorized stewardship 
                demonstration projects.

    (g) Monitoring, Evaluation and Reporting.--The Forest Service shall 
establish a multiparty monitoring and evaluation process that accesses 
each individual stewardship contract conducted under this section. 
Besides the Forest Service, participants in this process may include any 
cooperating governmental agencies, including tribal governments, and any 
interested groups or individuals. The Forest Service shall report 
annually to the Committee on Appropriations of the House of 
Representatives and the Committee on Appropriations of the Senate on--
            (1) the status of development, execution, and administration 
        of contracts under subsection (a);
            (2) the specific accomplishments that have resulted; and
            (3) the role of local communities in development of contract 
        plans.

    Sec. 348. The Forest Service and the Federal Highway Administration 
shall make available to the State of Utah, $15,000,000 for construction 
of the Trappers Loop connector road. Such funds shall be made available 
from the Federal Land Highway Program, Public Lands Highways (Forests) 
funds. Such funds shall be made available prior to computation and 
aggregation of the state shares of such funds for other projects.
    Section 349. <<NOTE: 30 USC 81 note.>>  Protection of Sanctity of 
Contracts and Leases of Surface Patent Holders With Respect to Coalbed 
Methane Gas. (a) In General.--Subject to subsection (b), the United 
States shall recognize as not infringing upon any ownership rights of 
the United States to coalbed methane any--
            (1) contract or lease covering any land that was conveyed by 
        the United States under the Act entitled ``An Act for the 
        protection of surface rights of entrymen'', approved March 3, 
        1909 (30 U.S.C. 81), or the Act entitled ``An Act to provide for 
        agricultural entries on coal lands'',
approved June 22, 1910 (30 U.S.C. 83 et seq.), that was--
                    (A) entered into by a person who has title to said 
                land derived under said Acts, and
                    (B) that conveys rights to explore for, extract, and 
                sell coalbed methane from said land; or
            (2) coalbed methane production from the lands described in 
        subsection (a)(1) by a person who has title to said land

[[Page 112 STAT. 2681-301]]

        and who, on or before the date of enactment of this Act, has 
        filed an application with the State oil and gas regulating 
        agency for a permit to drill an oil and gas well to a completion 
        target located in a coal formation.
      (b) Application.--Subsection (a)
            (1) shall apply only to a valid contract or lease described 
        in subsection (a) that is in effect on the date of enactment of 
        this Act;
            (2) shall not otherwise change the terms or conditions of, 
        or affect the rights or obligations of any person under such a 
        contract or lease;
            (3) shall apply only to land with respect to which the 
        United States is the owner of coal reserved to the United States 
        in a patent issued under the Act of March 3, 1909 (30 U.S.C. 
        81), or the Act of June 22, 1910 (30 U.S.C. 83 et seq.), the 
        position of the United States as the owner of the coal not 
        having passed to a third party by deed, patent or other 
        conveyance by the United States;
            (4) shall not apply to any interest in coal or land 
        conveyed, restored, or transferred by the United States to a 
        federally recognized Indian tribe, including any conveyance, 
        restoration, or transfer made pursuant to the Indian 
        Recorganization Act, June 18, 1934 (c. 576, 48 Stat. 984, as 
        amended); the Act of June 28, 1938, (c. 776, 52 Stat. 1209 as 
        implemented by the order of September 14, 1938, 3 Fed. Reg. 
        1425); and including the area described in Sec. 3 of P.L. 98-
        290; or any executive order;
            (5) shall not be construed to constitute a waiver of any 
        rights of the United States with respect to coalbed methane 
        production that is not subject to subsection (a);
            (6) shall not limit the right of any person who entered into 
        a contract or lease before the date of enactment of this Act, or 
        enters into a contract or lease on or after the date of 
        enactment of this Act, for coal owned by the United States, to 
        mine and remove the coal and to release coalbed methane without 
        liability to any person referred to in subsection (a)(1)(A) or 
        (a)(2).

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

[[Page 112 STAT. 2681-302]]

to domestic processors at rates specified in the timber sale contract in 
the contiguous 48 states shall be that volume: (i) which is surplus to 
the needs of domestic processors in Alaska; and (ii) is that percent of 
the surplus western red cedar volume determined by calculating the ratio 
of the total timber volume which has been sold on the Tongass to the 
annual average portion of the decadal allowable sale quantity called for 
in the current Tongass Land Management Plan. The percentage shall be 
calculated by Region 10 on a rolling basis as each sale is sold. (For 
purposes of this amendment, a ``rolling basis'' shall mean that the 
determination of how much western red cedar is eligible for sale to 
various markets shall be made at the time each sale is awarded.) Western 
red cedar shall be deemed ``surplus to the needs of domestic processors 
in Alaska'' when the timber sale holder has presented to the Forest 
Service documentation of the inability to sell western red cedar logs 
from a given sale to domestic Alaska processors at a price equal to or 
greater than the log selling value stated in the contract. All 
additional western red cedar volume not sold to Alaska or contiguous 48 
United States domestic processors may be exported to foreign markets at 
the election of the timber sale holder. All Alaska yellow cedar may be 
sold at prevailing export prices at the election of the timber sale 
holder.

    Sec. 351. (a) Notwithstanding any other provision of law, prior to 
September 30, 2001 the Indian Health Service may not disburse funds for 
the provision of health care services pursuant to Public Law 93-638 (25 
U.S.C. 450 et seq.), with any Alaska native village or Alaska Native 
village corporation that is located within the area served by an Alaska 
Native regional health entity.
    (b) Nothing in this section shall be construed to prohibit the 
disbursal of funds to any Alaska Native village or Alaska Native village 
corporation under any contract or compact entered into prior to August 
27, 1997, or to prohibit the renewal of any such agreement.
    Sec. 352. None of the funds in this or any other Act shall be 
expended in Fiscal Year 1999 by the Department of the Interior, the 
Forest Service, or any other Federal agency for the capture and physical 
relocation of grizzly bears in the Selway-Bitterroot area of Idaho and 
adjacent Montana. Nothing in this section shall prohibit the Department 
of the Interior, the Forest Service, or any other Federal agency from 
using funds to produce a final environmental impact statement that will 
include an analysis of the habitat based population viability study 
completed in 1998, receive public comment on such final environmental 
impact statement, or issue a Record of Decision.

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

[[Page 112 STAT. 2681-303]]

(for purposes of this section, the lands within the Refuge boundary 
already conveyed to the King Cove Corporation are not within the 
wilderness area).
      (b) King Cove Air Strip.--Of the funds appropriated in this 
section, not later than 180 days after the date of enactment of this 
Act, the Secretary of the Interior shall make available up to 
$15,000,000 to the State of Alaska for the cost of improvements to the 
air strip at King Cove, Alaska, including to enable jet aircraft with 
the capability of flying non-stop between Anchorage, Alaska and King 
Cove, Alaska to land and take off from such air strip.
      (c) King Cove Indian Health Service Facility.--Of the funds 
appropriated in this section, not later than 60 days after the enactment 
of this Act, the Secretary of Health and Human Services shall make 
available $2,500,000 to the Indian Health Service for the cost of new 
construction or improvements to the clinic in King Cove, Alaska, and 
telemedicine and other medical equipment for such clinic.
      (d) Applicability of Other Laws.--All actions undertaken pursuant 
to this section must be in accordance with all other applicable laws.
      (e) Appropriation.--In addition to funds in this or any other Act, 
$37,500,000 is appropriated and shall remain available until expended 
for the King Cove Health and Safety projects specifically identified 
within this section.

    Sec. 354. (a) In General.--To reflect the intent of Congress set 
forth in Public Law 98-396, section 4(a)(2) of the Columbia River Gorge 
National Scenic Area Act (16 U.S.C. 544(a)(2)) is <<NOTE: 16 USC 
544b.>> amended--
            (1) by striking ``(2) The boundaries'' and inserting the 
        following:
            ``(2) Boundaries.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the boundaries''; and
            (2) by adding at the end the following:
                    ``(B) Exclusions.--The scenic area shall not include 
                the approximately 29 acres of land owned by the Port of 
                Camas-Washougal in the South \1/2\ of Section 16, 
                Township 1 North, Range 4 East, and the North \1/2\ of 
                Section 21, Township 1 North, Range 4 East, Willamete 
                Meridian, Clark County, Washington, that consists of--
                          ``(i) the approximately 19 acres of Port land 
                      acquired from the Corps of Engineers under the 
                      Second Supplemental Appropriations Act, 1984 
                      (Public Law 98-396); and
                          ``(ii) the approximately 10 acres of adjacent 
                      Port land to the west of the land described in 
                      clause (i).''.

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

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

[[Page 112 STAT. 2681-304]]

    ``(b) Notwithstanding any other provision of law, the Board of 
Regents of the Smithsonian Institution may modify the number of members, 
manner of appointment of members, or tenure of members, of the boards or 
commissions under the jurisdiction of the Smithsonian Institution, other 
than--
            ``(1) the Board of Regents of the Smithsonian Institution; 
        and
            ``(2) the boards or commissions of the National Gallery of 
        Art, the John F. Kennedy Center for the Performing Arts, and the 
        Woodrow Wilson International Center for Scholars.''.

    Sec. 356. (a) The Act entitled ``An Act to promote the development 
of Indian arts and crafts and to create a board to assist therein, and 
for other purposes'', approved August 27, 1935 (25 U.S.C. 305 et 
seq.), <<NOTE: 25 USC 305f.>> is amended by adding at the end the 
following:

    ``Sec. 7. (a) Notwithstanding any other provision of law, the 
Secretary of the Interior is directed to transfer all right, title and 
interest in that portion of the Indian Arts and Crafts Board art 
collection maintained permanently by the Indian Arts and Crafts Board in 
Washington, District of Columbia, to the Secretary of the Smithsonian 
Institution to be a part of the collection of the National Museum of the 
American Indian, subject to subsection (b). Transfer of the collection 
and costs thereof shall be carried out in accordance with terms, 
conditions, and standards mutually agreed upon by the Secretary of the 
Interior and the Secretary of the Smithsonian Institution.
    ``(b) The Indian Arts and Crafts Board shall retain a permanent 
license to the use of images of the collection for promotional, economic 
development, educational and related nonprofit purposes. The Indian Arts 
and Crafts Board shall not be required to pay any royalty or fee for 
such license.''.
      (b) The Secretary of the Interior is authorized to use funds 
appropriated in this Act under the heading `salaries and expenses' under 
the heading `Departmental Management' for the costs associated with the 
transfer of the collection.

    Sec. 357. None of the funds provided in this or any other Act shall 
be available for the acquisition of lands or interests in lands within 
the tract known as the Baca Location No. 1 in New Mexico until such time 
as--
            (1) an appraisal is completed for such tract which conforms 
        with the Uniform Appraisal Standards for Federal Land 
        Acquisitions; and
            (2) legislation is enacted authorizing the acquisition of 
        lands or interests in lands within such tract.

    Sec. 358. The Federal building located at 15013 Denver West Parkway, 
Golden, Colorado, and known as the National Renewable Energy Laboratory 
Visitors Center, shall be known and designated as the ``Dan Schaefer 
Federal Building''. Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the United States court 
house referred to in this provision shall be deemed to be a reference to 
the ``Dan Schaefer Federal Building''. This provision shall take effect 
on January 3, 1999.
    Sec. 359. The new Federal building under construction at 325 
Broadway in Boulder, Colorado, shall be known and designated as the 
``David Skaggs Federal Building''. Any reference in a law, map, 
regulation, document, paper, or other record of the United States to the 
Federal building referred to in this provision shall

[[Page 112 STAT. 2681-305]]

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

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

                                TITLE IV

      THE HERGER-FEINSTEIN QUINCY LIBRARY GROUP FOREST RECOVERY ACT

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

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

[[Page 112 STAT. 2681-306]]

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

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

[[Page 112 STAT. 2681-307]]

            (2) Group selection and individual tree selection.--
        Utilization of group selection and individual tree selection 
        uneven-aged forest management prescriptions described in the 
        Quincy Library Group-Community Stability Proposal to achieve a 
        desired future condition of all-age, multistory, fire resilient 
        forests as follows:
                    (A) Group selection.--Group selection on an average 
                acreage of .57 percent of the pilot project area land 
                each year of the pilot project.
                    (B) Individual tree selection.--Individual tree 
                selection may also be utilized within the pilot project 
                area.
            (3) Total acreage.--The total acreage on which resource 
        management activities are implemented under this subsection 
        shall not exceed 70,000 acres each year.
            (4) Riparian management.--A program of riparian management, 
        including wide protection zones and riparian restoration 
        projects, consistent with riparian protection guidelines in 
        subsection (c)(2)(B).

    (e) Cost-Effectiveness.--In conducting the pilot project, Secretary 
shall use the most cost-effective means available, as determined by the 
Secretary, to implement resource management activities described in 
subsection (d).
    (f) Funding.--
            (1) Source of funds.--In conducting the pilot project, the 
        Secretary shall use, subject to the relevant reprogramming 
        guidelines of the House and Senate Committees on 
        Appropriations--
                    (A) those funds specifically provided to the Forest 
                Service by the Secretary to implement resource 
                management activities according to the Quincy Library 
                Group-Community Stability Proposal; and
                    (B) year-end excess funds that are allocated for the 
                administration and management of Plumas National Forest, 
                Lassen National Forest, and the Sierraville Ranger 
                District of Tahoe National Forest.
            (2) Prohibition on use of certain funds.--The Secretary may 
        not conduct the pilot project using funds appropriated for any 
        other unit of the National Forest System.
            (3) Flexibility.--Subject to normal reprogramming 
        guidelines, during the term of the pilot project, the forest 
        supervisors of Plumas National Forest, Lassen National Forest, 
        and Tahoe National Forest may allocate and use all accounts that 
        contain year-end excess funds and all available excess funds for 
        the administration and management of Plumas National Forest, 
        Lassen National Forest, and the Sierraville Ranger District of 
        Tahoe National Forest to perform the resource management 
        activities described in subsection (d).
            (4) Restriction.--The Secretary or the forest supervisors, 
        as the case may be, shall not utilize authority provided under 
        paragraphs (1)(B) and (3) if, in their judgment, doing so will 
        limit other nontimber related multiple use activities for which 
        such funds were available.
            (5) Overhead.--The Secretary shall seek to ensure that of 
        amounts available to carry out this section--
                    (A) not more than 12 percent is used or allocated 
                for general administration or other overhead; and

[[Page 112 STAT. 2681-308]]

                    (B) at least 88 percent is used to implement and 
                carry out activities required by this section.
            (6) Authorized supplemental funds.--There are authorized to 
        be appropriated to implement and carry out the pilot project 
        such sums as are necessary.
            (7) Baseline funds.--Amounts available for resource 
        management activities authorized under subsection (d) shall at a 
        minimum include existing baseline funding levels.

    (g) Term of Pilot Project.--The Secretary shall conduct the pilot 
project until the earlier of: (1) the date on which the Secretary 
completes amendment or revision of the land and resource management 
plans directed under and in compliance with subsection (i) for the 
Plumas National Forest, Lassen National Forest, and Tahoe National 
Forest; or (2) five years after the date of the commencement of the 
pilot project.
    (h) Consultation.--(1) The statement required by subsection (b)(1) 
shall be prepared in consultation with interested members of the public, 
including the Quincy Library Group.
    (2) Contracting.--The Forest Service, subject to the availability of 
appropriations, may carry out any (or all) of the requirements of this 
section using private contracts.
    (i) Corresponding Forest Plan Amendments.--Within 2 years after the 
date of the enactment of this Act, the Regional Forester for Region 5 
shall initiate the process to amend or revise the land and resource 
management plans for Plumas National Forest, Lassen National Forest, and 
Tahoe National Forest. The process shall include preparation of at least 
one alternative that--
            (1) incorporates the pilot project and area designations 
        made by subsection (b), the resource management activities 
        described in subsection (d), and other aspects of the Quincy 
        Library Group-Community Stability Proposal; and
            (2) makes other changes warranted by the analyses conducted 
        in compliance with section 102(2) of the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4332(2)), section 6 of the Forest 
        and Rangeland Renewable Resources Planning Act of 1974 (16 
        U.S.C. 1604), and other applicable laws.

    (j) Status Reports.--
            (1) In general.--Not later than February 28 of each year 
        during the term of the pilot project, the Secretary shall submit 
        to Congress a report on the status of the pilot project. The 
        report shall include at least the following:
                    (A) A complete accounting of the use of funds made 
                available under subsection (f)(1)(A) until such funds 
                are fully expended.
                    (B) A complete accounting of the use of funds and 
                accounts made available under subsection (f)(1) for the 
                previous fiscal year, including a schedule of the 
                amounts drawn from each account used to perform resource 
                management activities described in subsection (d).
                    (C) A description of total acres treated for each of 
                the resource management activities required under 
                subsection (d), forest health improvements, fire risk 
                reductions, water yield increases, and other natural 
                resources-related benefits achieved by the 
                implementation of the resource management activities 
                described in subsection (d).

[[Page 112 STAT. 2681-309]]

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

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

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

[[Page 112 STAT. 2681-310]]

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

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

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

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

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

<<NOTE: 16 USC 460lll note.>> SEC. 502. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Advisory board.--The term ``Advisory Board'' means the 
        Land Between the Lakes Advisory Board established under section 
        522.
            (3) Chairman.--The term ``Chairman'' means the Chairman of 
        the Board of Directors of the Tennessee Valley Authority.
            (4) Eligible employee.--The term ``eligible employee'' means 
        a person that was, on the date of transfer pursuant to section 
        541, a full-time or part-time annual employee of the Tennessee 
        Valley Authority at the Recreation Area.
            (5) Environmental law.--
                    (A) In general.--The term ``environmental law'' 
                means all applicable Federal, State, and local laws 
                (including regulations) and requirements related to 
                protection of human health, natural and cultural 
                resources, or the environment.
                    (B) Inclusions.--The term ``environmental law'' 
                includes--

[[Page 112 STAT. 2681-311]]

                          (i) the Comprehensive Environmental Response, 
                      Compensation, and Liability Act of 1980 (42 U.S.C. 
                      9601 et seq.);
                          (ii) the Solid Waste Disposal Act (42 U.S.C. 
                      6901 et seq.);
                          (iii) the Federal Water Pollution Control Act 
                      (33 U.S.C. 1251 et seq.);
                          (iv) the Clean Air Act (42 U.S.C. 7401 et 
                      seq.);
                          (v) the Federal Insecticide, Fungicide, and 
                      Rodenticide Act (7 U.S.C. 136 et seq.);
                          (vi) the Toxic Substances Control Act (15 
                      U.S.C. 2601 et seq.);
                          (vii) the Safe Drinking Water Act (42 U.S.C. 
                      300f et seq.);
                          (viii) the National Environmental Policy Act 
                      of 1969 (42 U.S.C. 4321 et seq.); and
                          (ix) the Endangered Species Act of 1973 (16 
                      U.S.C. 1531 et seq.).
            (6) Forest highway.--The term ``forest highway'' has the 
        meaning given the term in section 101(a) of title 23, United 
        States Code.
            (7) Governmental unit.--The term ``governmental unit'' means 
        an agency of the Federal Government or a State or local 
        government, local governmental unit, public or municipal 
        corporation, or unit of a State university system.
            (8) Hazardous substance.--The term ``hazardous substance'' 
        has the meaning given the term in section 101 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601).
            (9) Person.--The term ``person'' has the meaning given the 
        term in section 101 of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
            (10) Pollutant or contaminant.--The term ``pollutant or 
        contaminant'' has the meaning given the term in section 101 of 
        the Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601).
            (11) Recreation area.--The term ``Recreation Area'' means 
        the Land Between the Lakes National Recreation Area.
            (12) Release.--The term ``release'' has the meaning given 
        the term in section 101 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601).
            (13) Response action.--The term ``response action'' has the 
        meaning given the term in section 101 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601).
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (15) State.--The term ``State'' means the State of Kentucky 
        and the State of Tennessee.

SEC. 503. <<NOTE: 16 USC 460lll-1.>>  PURPOSES.

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

[[Page 112 STAT. 2681-312]]

        Authority to the Secretary so that the Recreation Area may be 
        managed as a unit of the National Forest System;
            (2) to protect and manage the resources of the Recreation 
        Area for optimum yield of outdoor recreation and environmental 
        education through multiple use management by the Forest Service;
            (3) to authorize, research, test, and demonstrate innovative 
        programs and cost-effective management of the Recreation Area;
            (4) to authorize the Secretary to cooperate between and 
        among the States, Federal agencies, private organizations, and 
        corporations, and individuals, as appropriate, in the management 
        of the Recreation Area and to help stimulate the development of 
        the surrounding region and extend the beneficial results as 
        widely as practicable; and
            (5) to provide for the smooth and equitable transfer of 
        jurisdiction from the Tennessee Valley Authority to the 
        Secretary.

       Subtitle A--Establishment, Administration, and Jurisdiction

SEC. 511. <<NOTE: 16 USC 460lll-11.>>  ESTABLISHMENT.

    (a) In General.--On the transfer of administrative jurisdiction 
under section 541, the Land Between the Lakes National Recreation Area 
in the States of Kentucky and Tennessee is established as a unit of the 
National Forest System.
    (b) Management.--
            (1) In general.--The Secretary shall manage the Recreation 
        Area for multiple use as a unit of the National Forest System.
            (2) Emphases.--The emphases in the management of the 
        Recreation Area shall be--
                    (A) to provide public recreational opportunities;
                    (B) to conserve fish and wildlife and their habitat; 
                and
                    (C) to provide for diversity of native and desirable 
                non-native plants, animals, opportunities for hunting 
                and fishing, and environmental education.
            (3) Status of unit.--The Secretary may administer the 
        Recreation Area as a separate unit of the National Forest System 
        or in conjunction with an existing national forest.

    (c) Area Included.--
            (1) In general.--The Recreation Area shall comprise the 
        federally owned land, water, and interests in the land and water 
        lying between Kentucky Lake and Lake Barkley in the States of 
        Kentucky and Tennessee, as generally depicted on the map 
        entitled ``Land Between the Lakes National Recreation Area--
        January, 1998''.
            (2) Map.--The map described in paragraph (1) shall be 
        available for public inspection in the Office of the Chief of 
        the Forest Service, Washington, D.C.

    (d) Waters.--
            (1) Water levels and navigation.--Nothing in this title 
        affects the jurisdiction of the Tennessee Valley Authority or 
        the Army Corps of Engineers to manage and regulate water levels 
        and navigation of Kentucky Lake and Lake Barkley and areas 
        subject to flood easements.

[[Page 112 STAT. 2681-313]]

            (2) Occupancy and use.--Subject to the jurisdiction of the 
        Tennessee Valley Authority and the Army Corps of Engineers, the 
        Secretary shall have jurisdiction to regulate the occupancy and 
        use of the surface waters of the lakes for recreational 
        purposes.

SEC. 512. <<NOTE: 16 USC 460lll-12.>> CIVIL AND CRIMINAL JURISDICTION.

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

SEC. 513. <<NOTE: 16 USC 460lll-13.>>  PAYMENTS TO STATES AND COUNTIES.

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

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

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

    (a) In General.--For purposes of section 204 of title 23, United 
States Code, the road known as ``The Trace'' and every other paved road 
within the Recreation Area (including any road constructed to secondary 
standards) shall be considered to be a forest highway.

[[Page 112 STAT. 2681-314]]

    (b) State Responsibility.--
            (1) In general.--The States shall be responsible for the 
        maintenance of forest highways within the Recreation Area.
            (2) Reimbursement.--To the maximum extent provided by law, 
        from funds appropriated to the Department of Transportation and 
        available for purposes of highway construction and maintenance, 
        the Secretary of Transportation shall reimburse the States for 
        all or a portion of the costs of maintenance of forest highways 
        in the Recreation Area.

                    Subtitle B--Management Provisions

SEC. 521. <<NOTE: 16 USC 460lll-21.>>  LAND AND RESOURCE MANAGEMENT 
            PLAN.

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

SEC. 522. <<NOTE: 16 USC 460lll-22.>>  ADVISORY BOARD.

    (a) Establishment.--Not later than 90 days after the date of 
transfer pursuant to section 541, the Secretary shall establish the Land 
Between the Lakes Advisory Board.
    (b) Membership.--The Advisory Board shall be composed of 17 members, 
of whom--
            (1) 4 individuals shall be appointed by the Secretary, 
        including--
                    (A) 2 residents of the State of Kentucky; and
                    (B) 2 residents of the State of Tennessee;
            (2) 2 individuals shall be appointed by the Kentucky Fish 
        and Wildlife Commissioner or designee;
            (3) 1 individual shall be appointed by the Tennessee Fish 
        and Wildlife Commission or designee;
            (4) 2 individuals shall be appointed by the Governor of the 
        State of Tennessee;
            (5) 2 individuals shall be appointed by the Governor of the 
        State of Kentucky; and
            (6) 2 individuals shall be appointed by appropriate 
        officials of each of the 3 counties containing the Recreation 
        Area.

    (c) Term.--
            (1) In general.--The term of a member of the Advisory Board 
        shall be 5 years.
            (2) Succession.--Members of the Advisory Board may not 
        succeed themselves.

    (d) Chairperson.--The Regional Forester shall serve as chairperson 
of the Advisory Board.
    (e) Rules of Procedure.--The Secretary shall prescribe the rules of 
procedure for the Advisory Board.
    (f) Functions.--The Advisory Board may advise the Secretary on--

[[Page 112 STAT. 2681-315]]

            (1) means of promoting public participation for the land and 
        resource management plan for the Recreation Area; and
            (2) environmental education.

    (g) Meetings.--
            (1) Frequency.--The Advisory Board shall meet at least 
        biannually.
            (2) Public meeting.--A meeting of the Advisory Board shall 
        be open to the general public.
            (3) Notice of meetings.--The chairperson, through the 
        placement of notices in local news media and by other 
        appropriate means shall give 2 weeks' public notice of each 
        meeting of the Advisory Board.

    (h) No Termination.--Section 14(a)(2) of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the Advisory Board.

SEC. 523. <<NOTE: 16 USC 460lll-23.>>  FEES.

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

SEC. 524. <<NOTE: 16 USC 460lll-24.>> DISPOSITION OF RECEIPTS.

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

SEC. 525. <<NOTE: 16 USC 460lll-25.>>  SPECIAL USE AUTHORIZATIONS.

    (a) In General.--In addition to other authorities for the 
authorization of special uses within the National Forest System, within 
the Recreation Area, the Secretary may, on such terms and conditions as 
the Secretary may prescribe--
            (1) convey for no consideration perpetual easements to 
        governmental units for public roads over United States Route 68 
        and the Trace, and such other rights-of-way as the Secretary and 
        a governmental unit may agree;
            (2) transfer or lease to governmental units developed 
        recreation sites or other facilities to be managed for public 
        purposes; and
            (3) lease or authorize recreational sites or other 
        facilities, consistent with sections 503(2) and 511(b)(2).

    (b) Consideration.--
            (1) In general.--Consideration for a lease or other special 
        use authorization within the Recreation Area shall be based on 
        fair market value.
            (2) Reduction or waiver.--The Secretary may reduce or waive 
        a fee to a governmental unit or nonprofit organization

[[Page 112 STAT. 2681-316]]

        commensurate with other consideration provided to the United 
        States, as determined by the Secretary.

    (c) Procedure.--The Secretary may use any fair and equitable method 
for authorizing special uses within the Recreation Area, including 
public solicitation of proposals.
    (d) Existing Authorizations.--
            (1) In general.--A permit or other authorization granted by 
        the Tennessee Valley Authority that is in effect on the date of 
        transfer pursuant to section 541 may continue on transfer of 
        administration of the Recreation Area to the Secretary.
            (2) Reissuance.--A permit or authorization described in 
        paragraph (1) may be reissued or terminated under terms and 
        conditions prescribed by the Secretary.
            (3) Exercise of rights.--The Secretary may exercise any of 
        the rights of the Tennessee Valley Authority contained in any 
        permit or other authorization, including any right to amend, 
        modify, and revoke the permit or authorization.

SEC. 526. <<NOTE: 16 USC 460lll-26.>>  COOPERATIVE AUTHORITIES AND 
            GIFTS.

    (a) Fish and Wildlife Service.--
            (1) Management.--
                    (A) In general.--Subject to such terms and 
                conditions as the Secretary may prescribe, the Secretary 
                may issue a special use authorization to the United 
                States Fish and Wildlife Service for the management by 
                the Service of facilities and land agreed on by the 
                Secretary and the Secretary of the Interior.
                    (B) Fees.--
                          (i) In general.--Reasonable admission and use 
                      fees may be charged for all areas administered by 
                      the United States Fish and Wildlife Service.
                          (ii) Deposit.--The fees shall be deposited in 
                      accordance with section 524.
            (2) Cooperation.--The Secretary and the Secretary of the 
        Interior may cooperate or act jointly on activities such as 
        population monitoring and inventory of fish and wildlife with 
        emphasis on migratory birds and endangered and threatened 
        species, environmental education, visitor services, conservation 
        demonstration projects and scientific research.
            (3) Subordination of fish and wildlife activities to overall 
        management.--The management and use of areas and facilities 
        under permit to the United States Fish and Wildlife Service as 
        authorized pursuant to this section shall be subordinate to the 
        overall management of the Recreation Area as directed by the 
        Secretary.

    (b) Authorities.--For the management, maintenance, operation, and 
interpretation of the Recreation Area and its facilities, the Secretary 
may--
            (1) make grants and enter into contracts and cooperative 
        agreements with Federal agencies, governmental units, nonprofit 
        organizations, corporations, and individuals; and
            (2) accept gifts under Public Law 95-442 (7 U.S.C. 2269) 
        notwithstanding that the donor conducts business with any agency 
        of the Department of Agriculture or is regulated by the 
        Secretary of Agriculture.

[[Page 112 STAT. 2681-317]]

SEC. 527. <<NOTE: 16 USC 460lll-27.>> DESIGNATION OF NATIONAL RECREATION 
            TRAIL.

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

SEC. 528. <<NOTE: 16 USC 460lll-28.>>  CEMETERIES.

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

SEC. 529. <<NOTE: 16 USC 460lll-29.>> RESOURCE MANAGEMENT.

    (a) Minerals.--
            (1) Withdrawal.--The land within the Recreation Area is 
        withdrawn from the operation of the mining and mineral leasing 
        laws of the United States.
            (2) Use of mineral materials.--The Secretary may permit the 
        use of common varieties of mineral materials for the development 
        and maintenance of the Recreation Area.

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

SEC. 530. <<NOTE: 16 USC 460lll-30.>> HEMATITE DAM.

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

SEC. 531. <<NOTE: 16 USC 460lll-31.>> TRUST FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a special interest-bearing fund known as the ``Land 
Between the Lakes Trust Fund''.
    (b) Availability.--Amounts in the Fund shall be available to the 
Secretary, until expended, for--
            (1) public education, grants, and internships related to 
        recreation, conservation, and multiple use land management in 
        the Recreation Area; and
            (2) regional promotion in the Recreation Area, in 
        cooperation with development districts, chambers of commerce, 
        and State and local governments.

[[Page 112 STAT. 2681-318]]

    (c) Deposits.--The Tennessee Valley Authority shall deposit into the 
Fund $1,000,000 annually for each of the 5 fiscal years commencing in 
the first fiscal year of the transfer. Funding to carry out this section 
shall be derived from funding described in section 549.

                     Subtitle C--Transfer Provisions

SEC. 541. <<NOTE: 16 USC 460lll-41.>> EFFECTIVE DATE OF TRANSFER.

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

SEC. 542. <<NOTE: 16 USC 460lll-42.>>  STATEMENT OF POLICY.

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

SEC. 543. <<NOTE: 16 USC 460lll-43.>>  MEMORANDUM OF AGREEMENT.

    (a) In General.--Not later than 30 days after the date of transfer 
pursuant to section 541, the Secretary and the Tennessee Valley 
Authority shall enter into a memorandum of agreement concerning 
implementation of this title.
    (b) Provisions.--The memorandum of understanding shall provide 
procedures for--
            (1) the orderly withdrawal of officers and employees of the 
        Tennessee Valley Authority;
            (2) the transfer of property, fixtures, and facilities;
            (3) the interagency transfer of officers and employees;
            (4) the transfer of records; and
            (5) other transfer issues.

    (c) Transition Team.--
            (1) In general.--The memorandum of understanding may provide 
        for a transition team consisting of the Tennessee Valley 
        Authority and Forest Service employees.
            (2) Duration.--The team may continue in existence after the 
        date of transfer.
            (3) Personnel costs.--The Tennessee Valley Authority and the 
        Forest Service shall pay personnel costs of their respective 
        team members.

SEC. 544. <<NOTE: 16 USC 460lll-44.>>  RECORDS.

    (a) Recreation Area Records.--The Secretary shall have access to all 
records of the Tennessee Valley Authority pertaining to the management 
of the Recreation Area.

[[Page 112 STAT. 2681-319]]

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

SEC. 545. <<NOTE: 16 USC 460lll-45.>>  TRANSFER OF PERSONAL PROPERTY.

    (a) Subject Property.--
            (1) Inventory.--Not later than 60 days after the date of 
        transfer pursuant to section 541, the Tennessee Valley Authority 
        shall provide the Secretary with an inventory of all property 
        and facilities at the Recreation Area.
            (2) Availability for transfer.--
                    (A) In general.--All Tennessee Valley Authority 
                property associated with the administration of the 
                Recreation Area, including any property purchased with 
                Federal funds appropriated for the management of the 
                Tennessee Valley Authority land, shall be available for 
                transfer to the Secretary.
                    (B) Property included.--Property under subparagraph 
                (A) includes buildings, office furniture and supplies, 
                computers, office equipment, buildings, vehicles, tools, 
                equipment, maintenance supplies, boats, engines, and 
                publications.
            (3) Exclusion of property.--At the request of the authorized 
        representative of the Tennessee
Valley Authority, the Secretary may exclude movable property from 
transfer based on a showing by the Tennessee Valley Authority that the 
property is vital to the mission of the Tennessee Valley Authority and 
cannot be replaced in a cost-effective manner, if the Secretary 
determines that the property is not needed for management of the 
Recreation Area.

    (b) Designation.--Pursuant to such procedures as may be prescribed 
in the memorandum of agreement entered into under section 543, the 
Secretary shall identify and designate, in writing, all Tennessee Valley 
Authority property to be transferred to the Secretary.
    (c) Facilitation of Transfer.--The Tennessee Valley Authority shall, 
to the maximum extent practicable, use current personnel to facilitate 
the transfer of necessary property and facilities to the Secretary, 
including replacement of signs and insignia, repainting of vehicles, 
printing of public information, and training of new personnel. Funding 
for these costs shall be derived from funding described in section 549.
    (d) Surplus Property.--
            (1) Disposition.--Any personal property, including 
        structures and facilities, that the Secretary determines cannot 
        be efficiently managed and maintained either by the Forest 
        Service or by lease or permit to other persons may be declared 
        excess by the Secretary and--

[[Page 112 STAT. 2681-320]]

                    (A) sold by the Secretary on such terms and 
                conditions as the Secretary may prescribe to achieve the 
                maximum benefit to the Federal Government; or
                    (B) disposed of under the Federal Property and 
                Administrative Services Act of 1949 (40 U.S.C. 471 et 
                seq.).
            (2) Deposit of proceeds.--All net proceeds from the disposal 
        of any property shall be deposited into the Fund established by 
        section 531.

SEC. 546. <<NOTE: 16 USC 460lll-46.>>  COMPLIANCE WITH ENVIRONMENTAL 
            LAWS.

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