Pub Law 105-277 Division A
[DOCID: f:publ277.105]
[[Page 112 STAT. 2681]]
*Public Law 105-277
105th Congress
DIVISION B--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
TITLE I--MILITARY READINESS AND OVERSEAS CONTINGENCY OPERATIONS
CHAPTER 1
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$10,000,000: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent that an official budget request for $10,000,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$33,300,000: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent that an official budget request for $33,300,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$8,900,000: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent that an official budget request for $8,900,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
[[Page 112 STAT. 2681-554]]
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$10,000,000: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent that an official budget request for $10,000,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$314,500,000: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent that an official budget request for $314,500,000,
that includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$232,600,000: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent that an official budget request for $232,600,000,
that includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $52,400,000: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request for
$52,400,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
[[Page 112 STAT. 2681-555]]
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $303,000,000: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request for
$303,000,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $1,496,600,000, to remain available for obligation until
expended: Provided, That the Secretary of Defense may transfer these
funds to appropriations accounts for operation and maintenance;
procurement; and research, development, test and evaluation: Provided
further, That the funds transferred shall be merged with and be
available for the same purposes and for the same time period as the
appropriation to which transferred: Provided further, That the transfer
authority provided under this heading is in addition to any other
transfer authority available to the Department of Defense: Provided
further, That the entire amount made available under this heading is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $3,000,000: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request for
$3,000,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $3,300,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement
[[Page 112 STAT. 2681-556]]
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an official
budget request for $3,300,000, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $9,000,000: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request for
$9,000,000, that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $50,000,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for $50,000,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $21,000,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for $21,000,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Overseas Contingency Operations Transfer Fund
For an additional amount for ``Overseas Contingency Operations
Transfer Fund'', $1,858,600,000, to remain available for obligation
until expended: Provided, That of the amounts provided under
[[Page 112 STAT. 2681-557]]
this heading, the following amounts shall be transferred to the
specified accounts:
``Military Personnel, Army'', $310,600,000;
``Military Personnel, Navy'', $9,275,000;
``Military Personnel, Marine Corps'', $2,748,000;
``Military Personnel, Air Force'', $17,000,000; and
``Reserve Personnel, Navy'', $2,295,000:
Provided further, That of the remaining funds made available under this
heading, the Secretary of Defense may transfer these funds only to
operation and maintenance accounts, procurement accounts, the defense
health program appropriation, and working capital funds accounts:
Provided further, That the funds transferred shall be merged with and
shall be available for the same purposes and for the same time period,
as the appropriation to which transferred: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority available to the Department of Defense:
Provided further, That the entire amount made available under this
heading is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Morale, Welfare and Recreation and Personnel Support for Contingency
Deployments
In addition to amounts appropriated or otherwise made available in
the Department of Defense Appropriations Act, 1999, $50,000,000, to
remain available for obligation until expended, is hereby made available
only for expenses, not otherwise provided for, to provide necessary
morale, welfare and recreation support, family support, and to sustain
necessary retention and re-enlistment of military personnel in critical
military occupational specialties, resulting from the deployment of
military personnel to Bosnia and Southwest Asia: Provided, That the
Secretary of Defense may transfer these funds only to operation and
maintenance accounts of the military services: Provided further, That
the funds transferred shall be available only for the purposes described
under this heading: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority available to the Department of Defense: Provided further, That
the entire amount made available under this heading is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount shall be available
only to the extent that an official budget request for $50,000,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$200,000,000: Provided, That these funds shall be for Operation
[[Page 112 STAT. 2681-558]]
and maintenance, of which not to exceed two per centum shall remain
available until September 30, 2000: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an official
budget request for $200,000,000, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $42,000,000: Provided, That funds appropriated
under this heading may be transferred to appropriations available to the
Department of Defense for military personnel of the reserve components
serving under the provisions of title 10 and title 32, United States
Code; for Operation and maintenance; for Procurement; and for Research,
development, test and evaluation: Provided further, That funds
appropriated under this heading shall be available for obligation for
the same time period and for the same purposes as the appropriation to
which transferred: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority available to the Department of Defense: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent that an
official budget request for $42,000,000, that includes designation of
the entire amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 101. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are deemed to
be specifically authorized by the Congress for purposes of section 504
of the National Security Act of 1947 (50 U.S.C. 414).
Sec. 102. In addition to the amounts appropriated or otherwise made
available in the Department of Defense Appropriations Act, 1999,
$1,000,000,000, to remain available for obligation until expended, is
hereby appropriated under the heading ``Research, Development, Test and
Evaluation, Defense-Wide'': Provided, That these funds shall be made
available only for the enhanced testing, accelerated development,
construction, and integration and infrastructure efforts in support of
ballistic missile defense systems: Provided further, That the entire
amount made available in this section is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further,
[[Page 112 STAT. 2681-559]]
That the entire amount shall be available only to the extent that an
official budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
Sec. 103. In addition to amounts appropriated or otherwise made
available in the Department of Defense Appropriations Act, 1999,
$259,853,000 is hereby appropriated to the Department of Defense, only
for emergency expenses incurred at United States military facilities or
installations in the United States or overseas directly resulting from
storm damage or other natural disasters, as follows:
``Military Personnel, Marine Corps'', $232,000;
``Reserve Personnel, Army'', $343,000;
``Reserve Personnel, Navy'', $100,000;
``Operation and Maintenance, Army'', $139,056,000;
``Operation and Maintenance, Navy'', $57,179,000;
``Operation and Maintenance, Marine Corps'', $8,470,000;
``Operation and Maintenance, Air Force'', $34,254,000;
``Operation and Maintenance, Army Reserve'', $853,000;
``Operation and Maintenance, Navy Reserve'', $5,058,000;
``Operation and Maintenance, Army National Guard'',
$5,750,000;
``Operation and Maintenance, Air National Guard'',
$4,355,000;
``Defense Health Program'', $2,120,000; and
``Navy Working Capital Fund'', $2,083,000:
Provided, That these funds may be used to execute projects or programs
that were deferred in order to carry out emergency repairs resulting
from such storm damage or natural disasters: Provided further, That the
entire amount made available in this section is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That of the amounts provided in this section,
$153,551,000 shall be available only to the extent that an official
budget request for a specific dollar amount, that includes designation
of the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress:
Provided further, That of the amount referred to in the third proviso in
this section, up to $29,454,000 may be transferred from ``Operation and
Maintenance, Army'', to ``Military Construction, Army''.
Sec. 104. In addition to amounts provided in this Act, $2,000,000 is
hereby appropriated for ``Defense Health Program'', to remain available
for obligation until expended: Provided, That notwithstanding any other
provision of law, these funds shall be available only for a grant to the
Fisher House Foundation, Inc., only for the construction and furnishing
of additional Fisher Houses to meet the needs of military family members
when confronted with the illness or hospitalization of an eligible
military beneficiary.
Sec. 105. Section 8136 of the Department of Defense Appropriations
Act, 1999, is amended by striking out ``$502,000,000'' and inserting in
lieu thereof ``$569,000,000'', and further amended by striking out
``$176,000,000'' and inserting in lieu thereof ``$243,000,000''.
[[Page 112 STAT. 2681-560]]
CHAPTER 2
DEPARTMENT OF ENERGY
Atomic Energy Defense Activities
For an additional amount for ``Other Defense Activities'', for
expenditures in the Russian Federation to implement a United States/
Russian accord for the disposition of excess weapons plutonium,
$200,000,000, to remain available until expended: Provided, That none of
the funds may be obligated until the Department of Energy submits to
Congress a detailed budget justification for use of these funds, and the
proposal has been approved by the House and Senate Committees on
Appropriations: Provided further, That the entire amount shall be
available only to the extent an official budget request for a specific
dollar amount that includes designation of the entire amount of the
request as an emergency requirement as defined by the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
For an additional amount to purchase natural uranium associated with
the 1997 and 1998 deliveries under the United States-Russia HEU Purchase
Agreement (hereinafter, ``the Agreement''), $325,000,000, to remain
available until expended, which shall be available only to the extent an
official budget request for a specific dollar amount that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted to the Congress:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That such uranium is located in the United States at the time
of purchase, and shall become part of the inventory of the Department of
Energy: Provided further, That such funds shall be available only upon
conclusion of a long-term agreement by the Government of the Russian
Federation and commercial partners for the sale of uranium to be derived
from deliveries scheduled for 1999 and thereafter under the Agreement.
CHAPTER 3
DEPARTMENT OF DEFENSE--MILITARY CONSTRUCTION
Military Construction, Army
For an additional amount for ``Military Construction, Army'' to
replace facilities destroyed by monsoons in the Republic of Korea during
August of 1998, $118,000,000, as authorized by 10 U.S.C. 2854, to remain
available until September 30, 1999: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided
[[Page 112 STAT. 2681-561]]
further, That from amounts made available in this or any other Act for
military construction, the Secretary of the Army may acquire real
property and carry out a military construction project at Camp Casey in
Korea, in the amount of $12,016,000.
Military Construction, Navy
For an additional amount for ``Military Construction, Navy'' to
cover the incremental costs arising from the consequences of Hurricanes
Georges and Bonnie, $5,860,000, as authorized by 10 U.S.C. 2854, to
remain available until September 30, 1999: Provided, That the entire
amount shall be available only to the extent an official budget request
for a specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$29,200,000, to remain available until September 30, 1999: Provided,
That of this amount, $2,200,000 shall be available to cover the
incremental costs arising from force protection, as authorized by 10
U.S.C. 2803: Provided further, That of this amount $27,000,000 shall be
available to cover the incremental costs arising from the consequences
of Hurricane Georges, as authorized by 10 U.S.C. 2854: Provided further,
That the entire amount shall be available only to the extent an official
budget request for a specific dollar amount that includes designation of
the entire amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army National
Guard'' to cover the incremental costs arising from the consequences of
Hurricane Georges, $2,500,000, as authorized by 10 U.S.C. 2854, to
remain available until September 30, 1999: Provided, That the entire
amount shall be available only to the extent an official budget request
for a specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control of 1985, as amended, is
transmitted by the President to the Congress: Provided further, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
[[Page 112 STAT. 2681-562]]
Military Construction, Air National Guard
For an additional amount for ``Military Construction, Air National
Guard'' to cover the incremental costs arising from the consequences of
Hurricane Georges, $15,900,000, as authorized by 10 U.S.C. 2854, to
remain available until September 30, 1999: Provided, That the entire
amount shall be available only to the extent an official budget request
for a specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Family Housing, Army
For an additional amount for ``Family Housing, Army'' to cover the
incremental costs arising from the consequences of Hurricane Georges and
for the rehabilitation of family housing, $5,200,000, to remain
available until September 30, 1999: Provided, That notwithstanding any
other provision of law, of this amount $4,000,000 shall be available
only for the rehabilitation of family housing referred to in Section
8142 of the Department of Defense Appropriations Act of 1999: Provided
further, That the entire amount shall be available only to the extent an
official budget request for a specific dollar amount that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Family Housing, Navy and Marine Corps
For an additional amount for ``Family Housing, Navy and Marine
Corps'' to cover the incremental costs arising from the consequences of
Hurricane Bonnie, $10,599,000, as authorized by 10 U.S.C. 2854, to
remain available until September 30, 1999: Provided, That the entire
amount shall be available only to the extent an official budget request
for a specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Family Housing, Air Force
For an additional amount for ``Family Housing, Air Force'' to cover
the incremental costs arising from the consequences of Hurricane
Georges, $22,233,000, as authorized by 10 U.S.C. 2854, to remain
available until September 30, 1999: Provided, That the
[[Page 112 STAT. 2681-563]]
entire amount shall be available only to the extent an official budget
request for a specific dollar amount that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISION, THIS CHAPTER
Section 2304(c)(2) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 <> is
amended by striking ``$2,000,000,000'' and inserting ``$2,000,000''.
CHAPTER 4
DEPARTMENT OF TRANSPORTATION
Coast Guard
For an additional amount for necessary expenses for the operation
and maintenance of the Coast Guard, not otherwise provided for,
$100,000,000, of which $28,000,000 is only available for expenses
related to expansion of drug interdiction activities around Puerto Rico,
the United States Virgin Islands, and other transit zone areas of
operation, including costs to operate and maintain PC-170 patrol craft
offered by the Department of Defense: Provided, That the entire amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
For an additional amount for acquisition, construction, renovation,
and improvement of facilities and equipment, to be available for
expansion of Coast Guard drug interdiction activities, $100,000,000, to
remain available until expended and to be distributed as follows:
Acquisition and construction of Barracuda class coastal
patrol boats, $33,000,000;
Reactivation costs for up to 3 HU-25 aircraft for maritime
patrol, $7,500,000;
Acquisition of installed or deployable electronic sensors
and communication systems for Coast Guard cutters or boats,
$13,000,000;
Operational test and evaluation of the use of force from
aircraft, $2,500,000; and
[[Page 112 STAT. 2681-564]]
Acquisition of installed or deployable electronic sensors
for maritime patrol aircraft and not to exceed $5,800,000 for C-
130 engine upgrade, $44,000,000:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the extent
that an official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
For an additional amount for operating, maintenance, and training
expenses of the Coast Guard Reserve, including supplies, equipment and
services, $5,000,000: Provided, That none of these funds may be
transferred to Coast Guard ``Operating expenses'' or otherwise made
available to reimburse the Coast Guard for financial support of the
Coast Guard Reserves: Provided further, That the highest priority for
use of these funds shall be for enhancing drug interdiction activities
conducted by the Coast Guard Reserves: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an official
budget request for a specific dollar amount, that includes designation
of the entire amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, is transmitted by the President to the Congress.
For an additional amount for necessary expenses for applied
scientific research, development, test, and evaluation, maintenance,
rehabilitation, lease and operation of facilities and equipment,
$5,000,000, to remain available until expended: Provided, That the
highest priority for use of these funds shall be the development of new
technologies or operational procedures which enhance drug interdiction
activities of the Coast Guard: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
[[Page 112 STAT. 2681-565]]
TITLE II--ANTITERRORISM
CHAPTER 1
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
For an additional amount for ``Salaries and Expenses'', $21,680,000,
to remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
DEPARTMENT OF STATE
Administration of Foreign Affairs
Notwithstanding section 15 of the State Department Basic Authorities
Act of 1956, an additional amount for ``Diplomatic and Consular
Programs'', $773,700,000, to remain available until expended, of which
$25,700,000 shall be available only to the extent that an official
budget request that includes the designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided, That as determined by the
Secretary of State, such funds may be used to procure services and
equipment overseas necessary to improve worldwide security and
reconstitute embassy operations in Kenya and Tanzania on behalf of any
other agency: Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
Notwithstanding section 15 of the State Department Basic Authorities
Act of 1956, an additional amount for ``Salaries and Expenses'',
$12,000,000, to remain available until expended: Provided, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Notwithstanding section 15 of the State Department Basic Authorities
Act of 1956, an additional amount for ``Office of Inspector General'',
$1,000,000, to remain available until expended: Provided, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
[[Page 112 STAT. 2681-566]]
Notwithstanding section 15 of the State Department Basic Authorities
Act of 1956, an additional amount for ``Security and Maintenance of
United States Missions'', $627,000,000, to remain available until
expended; of which $56,000,000 is for security projects, relocations,
and security equipment on behalf of missions of other U.S. Government
agencies, which amount may be transferred to any appropriation for this
purpose, to be merged with and available for the same time period as the
appropriation to which transferred; and of which $185,000,000 is for
capital improvements or relocation of office and residential facilities
to improve security, which amount shall become available fifteen days
after notice thereof has been transmitted to the Appropriations
Committees of both Houses of Congress: Provided, That the entire amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Notwithstanding section 15 of the State Department Basic Authorities
Act of 1956, an additional amount for ``Emergencies in the Diplomatic
and Consular Service'', $10,000,000, to remain available until expended:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
CHAPTER 2
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $358,427,000, to remain available for obligation until expended:
Provided, That the Secretary of Defense may transfer these funds to
fiscal year 1999 appropriations for operation and maintenance;
procurement; research, development, test and evaluation; and family
housing: Provided further, That the funds transferred shall be merged
with and be available for the same purposes and for the same time period
as the appropriation to which transferred: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority available to the Department of Defense:
Provided further, That the entire amount made available under this
heading is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
entire amount shall be available only to the extent that an official
budget request for $358,427,000, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control
[[Page 112 STAT. 2681-567]]
Act of 1985, as amended, is transmitted by the President to the
Congress.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 201. Maintenance and Operation of Equipment.--Section 374 of
title 10, United States Code, is amended--
(1) in subsection (b)(1)(A), by striking ``or'';
(2) in subsection (b)(1)(B), by striking the period at the
end, inserting in lieu thereof a semicolon and the following new
subparagraphs:
``(C) a foreign or domestic counter-terrorism
operation; or
``(D) a rendition of a suspected terrorist from a
foreign country to the United States to stand trial.'';
(3) in subsection (b)(2)(F)(i)--
(A) by inserting ``along with any other civilian or
military personnel who are supporting, or conducting, a
joint operation with civilian law enforcement
personnel;'' after ``the transportation of civilian law
enforcement personnel''; and
(B) by striking ``and'';
(4) in subsection (b)(2)(F)(ii)--
(A) by inserting ``and supporting'' after ``the
operation of a base of operations for civilian law
enforcement'';
(B) by striking the period at the end and inserting
in lieu thereof ``; and''; and
(C) by inserting at the end the following new
clause:
``(iii) the transportation of suspected terrorists
from foreign countries to the United States for trial
(so long as the requesting Federal law enforcement
agency provides all security for such transportation and
maintains custody over the suspect through the duration
of the transportation).'';
(5) in subsection (b)(4)(A), by striking ``an'' and
inserting in lieu thereof ``a Federal''; and
(6) in subsection (b)(4)(A), by inserting a new clause ``(v)
Any law, foreign or domestic, prohibiting terrorist
activities.'' after ``(iv) The Maritime Drug Law Enforcement Act
(46 U.S.C. App. 1901 et seq.).''.
Sec. 202. In addition to amounts appropriated or otherwise made
available in the Department of Defense Appropriations Act, 1999,
$50,000,000 is hereby appropriated, only to initiate and expand
activities of the Department of Defense to prevent, prepare for, and
respond to a terrorist attack in the United States involving weapons of
mass destruction: Provided, That $35,000,000 of the funds made available
in this section shall be transferred to the following accounts in the
specified amounts:
``National Guard Personnel, Army'', $4,000,000;
``National Guard Personnel, Air Force'', $1,000,000;
``Operation and Maintenance, Army'', $2,000,000;
``Operation and Maintenance, Army National Guard'',
$20,000,000; and
``Procurement, Defense-Wide'', $8,000,000:
[[Page 112 STAT. 2681-568]]
Provided further, That of the funds made available in this section,
$15,000,000 shall be transferred to ``Research, Development, Test and
Evaluation, Army'', only to develop and support a long term, sustainable
Weapons of Mass Destruction emergency preparedness training program:
Provided further, That funds transferred pursuant to this section shall
be merged with and be available for the same purposes and for the same
time period as the appropriation to which transferred: Provided further,
That the transfer authority provided in this section is in addition to
any other transfer authority available to the Department of Defense:
Provided further, That the entire amount provided in this section is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for $50,000,000, that includes designation of the entire amount
of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
Sec. 203. In addition to amounts appropriated or otherwise made
available in the Department of Defense Appropriations Act, 1999,
$120,500,000, to remain available for obligation until expended, is
appropriated to the proper accounts within the Department of the Air
Force: Provided, That the additional amount shall be made available only
for the provision of crisis response aviation support for critical
national security, law enforcement and emergency response agencies:
Provided further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available only to the
extent that an official budget request for $120,500,000, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the President of the United States
shall submit to the Congress by March 15, 1999, an interagency agreement
for the utilization of Department of Defense assets to support the
crisis response requirements of the Federal Bureau of Investigation and
the Federal Emergency Management Agency.
CHAPTER 3
FUNDS APPROPRIATED TO THE PRESIDENT
International Security Assistance
Notwithstanding section 10 of Public Law 91-672, for an additional
amount for ``Economic Support Fund'' for assistance for Kenya and
Tanzania, $50,000,000, to remain available until September 30, 2000:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That funds appropriated
[[Page 112 STAT. 2681-569]]
under this paragraph may be made available for administrative costs
associated with assistance provided under this paragraph: Provided
further, That $2,500,000 shall be transferred to and merged with
``Operating Expenses of the Agency for International Development'' for
security and related expenses: Provided further, That $1,269,000 shall
be transferred to and merged with ``Peace Corps'' for security and
related expenses: Provided further, That the transfers authorized in the
preceding provisos shall be in addition to sums otherwise available for
such purposes: Provided further, That funds appropriated under this
paragraph shall only be available through the regular notification
procedures of the Committees on Appropriations.
Nonproliferation, Anti-Terrorism, Demining and Related Programs
Notwithstanding section 15 of the State Department Basic Authorities
Act of 1956 and section 10 of Public Law 91-672, for an additional
amount for ``Nonproliferation, Anti-Terrorism, Demining and Related
Programs'' for anti-terrorism assistance, $20,000,000, to remain
available until September 30, 2000: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
CHAPTER 4
DEPARTMENT OF THE INTERIOR
National Park Service
For an additional amount for ``Operation of the National Park
System'' for emergency security related expenses, $2,320,000, to remain
available until expended: Provided, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
For an additional amount for ``Construction'' for emergency security
related expenses, $3,680,000, to remain available until expended:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
CHAPTER 5
ARCHITECT OF THE CAPITOL
Capitol Visitor Center
For necessary expenses for the planning, engineering, design, and
construction, as each such milestone is approved by the Committee on
Rules and Administration of the Senate, the
[[Page 112 STAT. 2681-570]]
Committee on House Oversight of the House of Representatives, the
Committees on Appropriations of the House of Representatives and of the
Senate, and other appropriate committees of the House of Representatives
and of the Senate, of a new facility to provide greater security for all
persons working in or visiting the United States Capitol and to enhance
the educational experience of those who have come to learn about the
Capitol building and Congress, $100,000,000, to be supplemented by
private funds, which shall remain available until expended: Provided,
That Section 3709 of the Revised Statutes of the United States (41
U.S.C. 5) shall not apply to the funds made available under this
heading: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
CAPITOL POLICE BOARD
Security Enhancements
For the Capitol Police Board for security enhancements to the
Capitol complex, including the buildings and grounds of the Library of
Congress, $106,782,000, to remain available until expended: Provided,
That such security enhancements shall be carried out in accordance with
a plan or plans approved by the Committee on House Oversight of the
House of Representatives, the Committee on Rules and Administration of
the Senate, the Committee on Appropriations of the House of
Representatives, and the Committee <> on
Appropriations of the Senate: Provided further, That the Capitol Police
Board shall transfer to the Architect of the Capitol such portion of the
funds made available under this heading as the Architect may require for
expenses necessary to provide support for the security enhancements,
subject to the approval of the Committee on Appropriations of the House
of Representatives and the Committee on Appropriations of the
Senate: <> Provided further, That the
Capitol Police Board shall transfer to the Librarian of Congress such
portion of the funds made available under this heading as the Librarian
may require for expenses necessary to provide support for the security
enhancements, subject to the approval of the Committee on Appropriations
of the House of Representatives and the Committee on Appropriations of
the Senate: Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
GENERAL PROVISION, THIS CHAPTER
The responsibility for design, installation, and <> maintenance of security systems to protect the physical security
of the buildings and grounds of the Library of Congress is transferred
from the Architect of the Capitol to the Capitol Police Board. Such
design, installation, and maintenance shall be carried out under the
direction of the Committee on House Oversight of the House of
Representatives and the Committee on Rules and Administration of the
Senate, and without regard to section 3709 of the Revised Statutes of
the United States (41 U.S.C. 5). Any alteration to a structural,
mechanical, or architectural feature of the buildings
[[Page 112 STAT. 2681-571]]
and grounds of the Library of Congress that is required for a security
system under the preceding sentence may be carried out only with the
approval of the Architect of the Capitol.
CHAPTER 6
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
For an additional amount for ``Facilities and Equipment'',
$100,000,000, for necessary expenses for acquisition, installation and
related activities supporting the deployment of bulk and trace
explosives detection systems and other advanced security equipment at
airports in the United States, to remain available until September 30,
2001: Provided, That the entire amount shall be available only to the
extent an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
CHAPTER 7
DEPARTMENT OF THE TREASURY
Federal Law Enforcement Training Center
For an additional amount for ``Salaries and Expenses'', $3,548,000,
to remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
United States Secret Service
For an additional amount for ``Salaries and Expenses'', $80,808,000,
to remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
[[Page 112 STAT. 2681-572]]
TITLE III--YEAR 2000 CONVERSION OF FEDERAL INFORMATION TECHNOLOGY
SYSTEMS
FISCAL YEAR 1999 EMERGENCY SUPPLEMENTAL APPROPRIATIONS
FUNDS APPROPRIATED TO THE PRESIDENT
For an additional amount for emergency expenses related to Year 2000
conversion of Federal information technology systems, and related
expenses, $2,250,000,000, to remain available until September 30, 2001,
of which $5,500,000 shall be transferred to the Legislative Branch for
``SENATE'', ``Contingent Expenses of the Senate'', ``Sergeant at Arms
and Doorkeeper of the Senate'' for salaries and expenses related to Year
2000 conversion of Senate information technology systems: Provided, That
the funds may be obligated with the prior approval of the Senate
Committee on Appropriations; and of which, $6,373,000 shall be
transferred to the Legislative Branch for ``HOUSE OF REPRESENTATIVES'',
``Salaries and Expenses'', ``Salaries, Officers and Employees'' for
salaries and expenses related to Year 2000 conversion of House of
Representatives information technology systems; and of which $5,000,000
shall be transferred to the Legislative Branch for ``GENERAL ACCOUNTING
OFFICE'', ``Information Technology Systems and Related Expenses'' for
expenses related to Year 2000 conversion of information technology
systems and related expenses of all entities in the Legislative Branch
other than the ``Senate'' and ``House of Representatives'' covered by
the Legislative Branch Appropriations Act, 1998 (Public Law 105-55),
which the Comptroller General shall transfer to the affected entities in
the Legislative Branch, upon the approval of the House and Senate
Committees on Appropriations; and of which $13,044,000 shall be
transferred to the Judiciary to the Judiciary Information Technology
Fund for expenses related to Year 2000 conversion of Judicial Branch
information technology and security systems: Provided further, That the
remaining funds made available shall be transferred, as necessary, by
the Director of the Office of Management and Budget to all affected
Federal Departments and Agencies, except the Department of Defense, for
expenses necessary to ensure the information technology that is used or
acquired by the Federal government meets the definition of Year 2000
compliant under Federal Acquisition Regulations (concerning accurate
processing of date/time data, including calculating, comparing, and
sequencing from, into, and between the twentieth and twenty-first
centuries, and the years 1999 and 2000 and leap year calculations) and
to meet other criteria for Year 2000 compliance as the head of each
Department or Agency considers appropriate: Provided further, That none
of the funds provided under this heading, except those transferred to
the Legislative Branch and the Judiciary, may be transferred to any
Department or Agency until fifteen days after the Director of the Office
of Management and Budget has submitted to the House and Senate
Committees on Appropriations, the Senate Special Committee on the Year
2000 Technology Problem, the House Committee on Science, and the House
Committee on Government
[[Page 112 STAT. 2681-573]]
Reform and Oversight, a proposed allocation and plan for that Department
or Agency to achieve Year 2000 compliance for technology information
systems: Provided further, That the transfer authority provided in this
paragraph is in addition to any other transfer authority contained
elsewhere in this or any other Act: Provided further, That funds
provided under this heading shall be in addition to funds available in
this or any other Act for Year 2000 compliance by any Federal Department
or Agency: Provided further, That the entire amount, except those
amounts transferred to the Legislative Branch and the Judiciary, shall
be available only to the extent that an official budget request that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Information Technology Systems and Security Transfer Account
For emergency expenses relating to Year 2000 conversion of
information technology and national security systems, for information
technology, and infrastructure protection to include computer security/
information assurance programs, and for related expenses,
$1,100,000,000, to remain available until September 30, 2001: Provided,
That the funds made available shall be transferred, as necessary, by the
Secretary of Defense to any account in any previously enacted Department
of Defense Appropriations Act for expenses necessary to ensure the
information technology that is used or acquired by the Federal
government meets the definition of Year 2000 compliant under Federal
Acquisition Regulations (concerning accurate processing of date/time
data, including calculating, comparing, and sequencing from, into, and
between the twentieth and twenty-first centuries, and the years 1999 and
2000 and leap year calculations) and to meet other criteria for Year
2000 compliance as the Secretary considers appropriate: Provided
further, That none of the funds provided under this heading may be
transferred to any other account until fifteen days after the Secretary
of Defense has submitted to the House and Senate Committees on
Appropriations, the Senate Special Committee on the Year 2000 Technology
Problem, the House Committee on Science, and the House Committee on
Government Reform and Oversight, a proposed allocation and plan for the
Department of Defense to achieve Year 2000 compliance for technology
information systems: Provided further, That the funds transferred shall
be merged with and shall be available for the same purposes and for the
same time period as the appropriation to which transferred: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority available to the Department of
Defense: Provided further, That funds provided under this heading
[[Page 112 STAT. 2681-574]]
shall be in addition to funds available in this or any other Act making
appropriations for the Department of Defense for Year 2000 compliance
and related activities: Provided further, That the entire amount made
available under this heading is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount made available under this heading shall
be available only to the extent that an official budget request for a
specific dollar amount, that includes designation of the entire amount
of the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
TITLE IV--OTHER EMERGENCIES
CHAPTER 1
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
In addition to the amounts appropriated or otherwise made available
for this purpose, $5,000,000 is appropriated to the Department of
Commerce to remain available until expended to provide emergency
disaster assistance to persons or entities in the Northeast multispecies
fishery who have incurred losses from a commercial fishery failure under
section 308(b) of the Interjurisdictional Fisheries Act of 1986, as
amended: Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended:
Provided further, That the entire amount shall be available only to the
extent an official budget request, for a specific dollar amount, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted to the Congress.
RELATED AGENCY
Small Business Administration
For an additional amount for the cost of direct loans, $71,000,000,
to remain available until expended to subsidize additional gross
obligations for the principal amount of direct loans: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974; and for
administrative expenses to carry out the disaster loan program, an
additional $30,000,000 to remain available until expended, which may be
transferred to and merged with appropriations for ``Salaries and
Expenses'': Provided further, That the entire amount is designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced
[[Page 112 STAT. 2681-575]]
Budget and Emergency Deficit Control Act of 1985, as amended: Provided
further, That the entire amount shall be available only to the extent
that an official budget request, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
CHAPTER 2
DEPARTMENT OF DEFENSE--CIVIL-
Department of the Army
Corps of Engineers--Civil
For an additional amount for emergency repairs and dredging due to
flooding, $2,500,000, to remain available until expended, which shall be
available only to the extent an official budget request for a specific
dollar amount that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
For an additional amount for emergency repairs and dredging due to
flooding, $99,700,000, to remain available until expended, of which such
amounts for eligible navigation projects which may be derived from the
Harbor Maintenance Trust Fund pursuant to Public Law 99-662, shall be
derived from that Fund: Provided, That the entire amount shall be
available only to the extent an official budget request for a specific
dollar amount that includes designation of the entire amount of the
request as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is transmitted by
the President to the Congress: Provided further, That the entire amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
CHAPTER 3
FUNDS APPROPRIATED TO THE PRESIDENT
Notwithstanding section 10 of Public Law 91-672, for an additional
amount for ``Child Survival and Disease Programs Fund'',
[[Page 112 STAT. 2681-576]]
$50,000,000, to remain available until expended: Provided, That the
entire amount shall be available only to the extent that an official
budget request for a specific dollar amount that includes designation of
the entire amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Other Bilateral Economic Assistance
Notwithstanding section 10 of Public Law 91-672, for an additional
amount for ``Assistance for the New Independent States of the former
Soviet Union,'' $46,000,000, to remain available until September 30,
2000: Provided, That the entire amount shall be available only to the
extent that an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
UNANTICIPATED NEEDS
For an additional amount for ``Unanticipated Needs'', $30,000,000,
to remain available until expended, only for a grant to the American Red
Cross for reimbursement of disaster relief, recovery expenditures, and
emergency services: Provided, That the entire amount shall be available
only to the extent that an official budget request for a specific dollar
amount that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the balanced Budget and Emergency Deficit Control Act of
1985, as amended.
CHAPTER 4
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
For an additional amount for ``Construction'', $25,000,000, to
remain available until expended, to repair damage due to hurricanes,
floods and other acts of nature: Provided, That the entire amount is
designated by the Congress as an emergency requirement
[[Page 112 STAT. 2681-577]]
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
amount provided shall be available only to the extent that an official
budget request that includes designation of the entire amount as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
National Park Service
For an additional amount for ``Construction'', $10,000,000, to
remain available until expended, to repair damage due to hurricanes,
floods and other acts of nature: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the amount
provided shall be available only to the extent that an official budget
request that includes designation of the entire amount as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress.
United States Geological Survey
For an additional amount for ``Surveys, Investigations, and
Research'', $1,000,000, to remain available until expended, to repair
damage due to hurricanes, floods and other acts of nature: Provided,
That the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That the amount provided shall be available only to the extent that an
official budget request that includes designation of the entire amount
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
CHAPTER 5
DEPARTMENT OF LABOR
Employment and Training Administration
For an additional amount for ``Training and Employment Services'' to
carry out section 402 of the Job Training Partnership Act, $7,000,000,
to be available upon enactment and remain available through June 30,
1999: Provided, That the entire amount is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
[[Page 112 STAT. 2681-578]]
CHAPTER 6
DEPARTMENT OF TRANSPORTATION
Coast Guard
For an additional amount for ``Acquisition, Construction, and
Improvements'', for facility replacement or repairs arising from the
consequences of Hurricane Georges, $12,600,000, to remain available
until expended: Provided, That the entire amount shall be available only
to the extent an official budget request for a specific dollar amount
that includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress: Provided further, That the entire amount is designated
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.
CHAPTER 7
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
For an additional amount for ``Community development block grants'',
as authorized under title I of the Housing and Community Development Act
of 1974, $250,000,000, which shall remain available until September 30,
2002, for use only for disaster relief, long-term recovery, and
mitigation in communities affected by Presidentially-declared natural
disasters designated during fiscal years 1998 and 1999, except for those
activities reimbursable by or for which funds are made available by the
Federal Emergency Management Agency, the Small Business Administration,
or the Army Corps of Engineers: Provided, That in administering these
amounts and except as provided in the next proviso, the Secretary of
Housing and Urban Development (the Secretary) may waive or specify
alternative requirements for any provision of any statute or regulation
that the Secretary administers in connection with the obligation by the
Secretary or the use by the recipient of these funds, except for
statutory requirements related to civil rights, fair housing and
nondiscrimination, the environment, and labor standards, upon a finding
that such waiver is required to facilitate the use of such funds and
would not be inconsistent with the overall purpose of the statute:
Provided further, That the Secretary may waive the requirements that
activities benefit persons of low and moderate income, except that at
least 50 percent of the funds under this heading must benefit primarily
persons of low and moderate income unless the Secretary makes a finding
of compelling need: Provided further, That, upon a finding of compelling
need, the Secretary must provide an explanation of the finding to the
Committees on Appropriations: Provided further, That all funds under
this heading shall be allocated by the Secretary to states (including
Indian tribes for all purposes under this heading) to be administered
[[Page 112 STAT. 2681-579]]
by each state in conjunction with its Federal Emergency Management
Agency program or its community development block grants program or by
the entity designated by its Chief Executive Officer to administer the
HOME Investment Partnerships Program: Provided further, That each state
shall provide not less than 25 percent in non-Federal public matching
funds or its equivalent value (other than administrative costs) for any
funds allocated to the state under this heading: Provided further, That,
in conjunction with the Director of the Federal Emergency Management
Agency (the Director), the Secretary shall allocate funds based on the
unmet needs identified by the Director as those which have not or will
not be addressed by other federal disaster assistance programs: Provided
further, That, in conjunction with the Director, the Secretary shall
utilize annual disaster cost estimates in order that the funds under
this heading shall be available, to the maximum extent feasible, to
assist states with all Presidentially declared disasters <> designated during these fiscal years: Provided
further, That the Secretary shall publish a notice in the Federal
Register governing the allocation and use of the community development
block grants funds made available under this heading for disaster areas:
Provided further, That any project or activity underway prior to a
Presidentially declared disaster may not receive funds under this
heading unless the disaster directly impacted the project: Provided
further, <> That 10 days prior to distribution of funds,
the Secretary and the Director shall submit a list to the Committees on
Appropriations, setting forth the proposed uses of funds, including an
explanation of why other Federal disaster assistance programs do not
cover the costs of unmet needs identified by the Director, the most
recent estimates of unmet needs (including all uses of waivers and the
reasons therefore), and an explanation of how the disaster impacted the
proposed project: Provided further, That the Secretary and the Director
shall submit quarterly reports to the Committees on Appropriations
regarding the actual projects, localities and needs for which funds have
been provided: Provided further, That these reports shall be based upon
quarterly reports submitted to the Secretary and the Director by each
state receiving funds under this heading: Provided further, That the
entire amount shall be available only to the extent an official budget
request, that includes designation of the entire amount of the request
as an emergency requirement as defined by the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
INDEPENDENT AGENCY
Federal Emergency Management Agency
For an additional amount for ``Disaster relief'', $906,000,000, to
remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that
[[Page 112 STAT. 2681-580]]
an official budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
TITLE V--COUNTER-DRUG ACTIVITIES AND INTERDICTION
CHAPTER 1
Department of Agriculture
``Agriculture Research Service'', Department of Agriculture,
$23,000,000, for additional counterdrug research and development
activities: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That such amounts shall be available only to
the extent an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an emergency
requirement as defined in such Act is transmitted by the President to
the Congress.
CHAPTER 2
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
For an additional amount for ``Salaries and Expenses'', $10,200,000,
to remain available until expended, of which the entire amount shall be
available only to the extent that an official budget request that
includes the designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Immigration and Naturalization Service
For an additional amount for ``Salaries and Expenses, Enforcement
and Border Affairs,'' $10,000,000, to remain available until expended,
of which the entire amount shall be available only to the extent that an
official budget request that includes the designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section
[[Page 112 STAT. 2681-581]]
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
CHAPTER 3
DEPARTMENT OF STATE
International Narcotics Control and Law Enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $232,600,000, to remain available until expended:
Provided, That such funds shall be made available subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That the entire amount shall be available only to the extent
that an official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
CHAPTER 4
DEPARTMENT OF TRANSPORTATION
Coast Guard
operating expenses
For an additional amount for necessary expenses for the operation
and maintenance of the Coast Guard, not otherwise provided for,
$16,300,000, available solely for expenses related to the expansion of
drug interdiction activities around Puerto Rico, the United States
Virgin Islands, and other transit zone areas of operation, including
costs to operate and maintain PC-170 patrol craft offered by the
Department of Defense: Provided, That $4,000,000 of these funds shall be
used only for the establishment and operating costs of a Caribbean
International Support Tender, to train and support foreign coast guards
in the Caribbean region: Provided further, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount shall be available only to the extent that an official budget
request for a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress.
acquisition, construction, and improvements
For an additional amount for acquisition, construction, renovation,
and improvement of facilities and equipment, to be available for
expansion of Coast Guard drug interdiction activities, $117,400,000, to
remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency
[[Page 112 STAT. 2681-582]]
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Provided further,
That the entire amount shall be available only to the extent that an
official budget request for a specific dollar amount, that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
CHAPTER 5
DEPARTMENT OF THE TREASURY
Departmental Offices
For an additional amount for ``Salaries and Expenses'', $1,500,000,
to remain available until expended for necessary expenses for an
interagency money laundering initiative: Provided, That funds shall be
available for transfer to the National Foreign Intelligence Program:
Provided further, That the entire amount shall be available only to the
extent that an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That none of the funds provided under this heading may be
obligated until fifteen days after notice thereof has been transmitted
to the Committees on Appropriations.
United States Customs Service
For an additional amount for ``Salaries and Expenses'',
$106,300,000, to remain available until expended for counterdrug
initiatives: Provided, That the entire amount shall be available only to
the extent that an official budget request for a specific dollar amount
that includes designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That none of the funds provided under this
heading may be obligated until fifteen days after notice thereof has
been transmitted to the Committees on Appropriations.
[[Page 112 STAT. 2681-583]]
For an additional amount for ``Operation, Maintenance and
Procurement, Air and Marine Interdiction Programs'', $162,700,000, to
remain available until expended: Provided, That of the amount provided,
$153,000,000 shall be available for the procurement and conversion of
two P-3B AEW aircraft and four P-3B Slick aircraft to be transferred
from the Department of Defense to the Customs Service: Provided further,
That the entire amount shall be available only to the extent that an
official budget request for a specific dollar amount that includes
designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That none of the funds provided under this heading may be
obligated until fifteen days after notice thereof has been transmitted
to the Committees on Appropriations.
For an additional amount for ``Customs Facilities, Construction,
Improvements and Related Expenses'', $7,000,000, to remain available
until expended: Provided, That the entire amount shall be available only
to the extent that an official budget request for a specific dollar
amount that includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That none of the funds provided under this
heading may be obligated until fifteen days after notice thereof has
been transmitted to the Committees on Appropriations.
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
Office of National Drug Control Policy
For an additional amount for ``Salaries and Expenses'', $1,200,000:
Provided, That the entire amount shall be available only to the extent
that an official budget request for a specific dollar amount that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That none of the funds provided under this heading may
[[Page 112 STAT. 2681-584]]
be obligated until fifteen days after notice thereof has been
transmitted to the Committees on Appropriations.
For an additional amount to support the National Drug Court
Institute, $2,000,000, to remain available until expended: Provided,
That the entire amount shall be available for transfer to the National
Drug Court Institute: Provided further, That the entire amount shall be
available only to the extent that an official budget request for a
specific dollar amount that includes designation of the entire amount of
the request as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided further, That the
entire amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That none of the funds
provided under this heading may be obligated until fifteen days after
notice thereof has been transmitted to the Committees on Appropriations.
TITLE VI--GENERAL PROVISION
No part of any appropriation contained in this Division of this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
DIVISION C--OTHER MATTERS
TITLE I--OTHER MATTERS
Sec. 101. <> Acting Treasury Inspector
General for Tax Administration. (a) In General.--Notwithstanding any
other provision of law, the President may appoint an acting Treasury
Inspector General for Tax Administration to serve during the period--
(1) beginning on the date of the enactment of this section
(or, if later, the date of the appointment), and
(2) ending on the earlier of--
(A) April 30, 1999, or
(B) the date on which the first Treasury Inspector
General for Tax Administration takes office (other than
pursuant to this section).
(b) Duties Before January 18, 1999.--The acting Treasury Inspector
General for Tax Administration appointed under subsection (a) shall,
before January 18, 1999, take only such actions as are necessary to
begin operation of the Office of Treasury Inspector General for Tax
Administration, including--
(1) making interim arrangements for administrative support
for the Office,
(2) establishing interim positions in the Office into which
personnel will be transferred upon the transfer of functions and
duties to the Office on January 18, 1999,
(3) appointing such acting personnel on an interim basis as
may be necessary upon the transfer of functions and duties to
the Office on January 18, 1999, and
[[Page 112 STAT. 2681-585]]
(4) providing guidance and input for the fiscal year 2000
budget process for the Office.
(c) Actions Not To Limit Authority of IG.--None of the actions taken
by an individual appointed under subsection (a) shall affect the future
authority of any Treasury Inspector General for Tax Administration not
appointed under subsection (a).
(d) Limitations.--
(1) Nomination.--No individual appointed under subsection
(a) may serve on or after January 19, 1999, unless on or before
such date the President has submitted to the Senate his
nomination of an individual to serve as the first Treasury
Inspector General for Tax Administration.
(2) Treasury inspector general may not serve.--No individual
appointed under subsection (a) may serve during any period such
individual is serving as the Inspector General of the Treasury
of the United States or the acting Inspector General of the
Treasury of the United States.
(3) Employment restrictions.--The provisions of section
8D(j) of the Inspector General Act of 1978 (5 U.S.C. App.) shall
apply to any individual appointed under subsection (a).
Sec. 102. Section 122 of Public Law 105-119 (5 U.S.C. 3104 note) is
amended--
(1) by amending subsection (g) to read as follows:
``(g)(1) <> Notwithstanding any other
provision of law and subject to paragraph (2), the Secretary of the
Treasury is authorized to establish, for a period of three years from
date of enactment of this provision, a personnel management
demonstration project providing for the compensation and performance
management of not more than a combined total of 950 employees who fill
critical scientific, technical, engineering, intelligence analyst,
language translator, and medical positions in the Bureau of Alcohol,
Tobacco and Firearms, the United States Customs Service, and the United
States Secret Service.
``(2) The provisions of subsections (b) through (f) and subsection
(h) shall apply to the demonstration project authorized by paragraph (1)
except that--
``(A) any reference in such subsections to the Director of
the Federal Bureau of Investigation shall include a reference to
the Secretary of the Treasury;
``(B) the operating plan required by subsection (d) shall be
submitted not later than February 1, 1999 to the House and
Senate Committees on Appropriations, the House Committee on
Government Reform and Oversight, the Senate Committee on
Governmental Affairs, the House Committee on Ways and Means, and
the Senate Committee on Finance; and
``(C) the report required by subsection (f) shall be
submitted not later than March 31, 2001.''; and
(2) by amending subsection (h) to read as follows--
``(h) <> The authority to establish a
demonstration project under this section shall terminate on November 26,
2000.''.
Sec. 103. Section 824 of the Foreign Service Act <> is amended:
(1) in subsection (a)(1)(A) by inserting ``or in the case of
a waiver under subsection (g)'' after ``subsection (b)''; and
(2) by adding the following new subsections (g) and (h) at
the end:
``(g) The Secretary of State may waive the application of the
paragraphs (a) through (d) of this section, on a case-by-case basis,
[[Page 112 STAT. 2681-586]]
for an annuitant reemployed on a temporary basis, but only if, and for
so long as, the authority is necessary due to an emergency involving a
direct threat to life or property or other unusual circumstances.
``(h) A reemployed annuitant as to whom a waiver under subsection
(g) is in effect shall not be considered a participant for purposes of
subchapter I or subchapter II, or an employee for purposes of chapter 83
or 84 of title 5, United States Code.''.
Sec. 104. Title II of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (Public Law 99-399) is amended by adding the
following new section at the end:
``SEC. 206. <> CONTRACTING AUTHORITY.
``The Secretary of State is authorized to employ individuals or
organizations by contract to carry out the purposes of this Act, and
individuals employed by contract to perform such services shall not by
virtue of such employment be considered to be employees of the United
States Government for purposes of any law administered by the Office of
Personnel Management (except that the Secretary may determine the
applicability to such individuals of any law administered by the
Secretary concerning the employment of such individuals); and such
contracts are authorized to be negotiated, the terms of the contracts to
be prescribed, and the work to be performed, where necessary, without
regard to such statutory provisions as relate to the negotiation, making
and performance of contracts and performance of work in the United
States.''.
Sec. 106. Intrastate Bus Transportation in Hawaii. Section
14501(a)(1) of Title 49, United States Code, is amended by striking
``operations'' and inserting ``operations, or to intrastate bus
transportation of any nature in the State of Hawaii''.
Sec. 107. Provisions of 23 U.S.C. 125(b)(1) shall not apply to
emergency relief projects resulting from the flooding in the State of
California in January and March 1995.
Sec. 108. For the purpose of any Rule of the House of
Representatives, notwithstanding any other provision of law, any
obligation limitation relating to surface transportation projects under
section 1602 of P.L. 105-178 shall be assumed to be administered on the
basis of sound program management practices that are consistent with
past practices of the administering agency permitting States to decide
High Priority Project funding priorities within state program
allocations.
Sec. 109. Operation of <> Trailers. (a)
Registration of Trailers.--A State that requires annual registration of
container chassis and the apportionment of fees for such registrations
in accordance with the International Registration Plan (as defined under
section 31701 of title 49, United States Code) shall not limit the
operation, or require the registration, in the State of a container
chassis (or impose fines or penalties on the operation of a container
chassis for being operated in the State without a registration issued by
the State) if such chassis--
(1) is registered under the laws of another State; and
(2) is operating under a trip permit issued by the State.
(b) Limitation on Registration of Trailers.--A State described in
subsection (a) may not deny the use of trip permits for the operation in
the State of a container chassis that is registered under the laws of
another State.
[[Page 112 STAT. 2681-587]]
(c) Safety Regulation.--This section shall apply to registration
requirements only and shall not affect the ability of the State to
regulate for safety.
(d) Penalties.--No State described in subsection (a), political
subdivision of such a State, or person may impose or collect any fee,
penalty, fine, or other form of damages which is based in whole or in
part upon the nonpayment of a State registration fee (including related
weight and licensing fees assessed as part of registration) attributable
to a container chassis operated in the State (and registered in another
State) before the date of enactment of this Act, unless it is shown by
the State, political subdivision, or person that such container chassis
was not operated in the State under a trip permit issued by the State.
(e) Container Chassis Defined.--In this section, the term
``container chassis'' means a trailer, semi-trailer, or auxiliary axle
used exclusively for the transportation of ocean shipping containers.
Sec. 110. Reauthorization of the Federal Aviation Administration.
(a) <> Period of Applicability of Certain
Amendments.--Effective September 29, 1998, section 125 of the Federal
Aviation Reauthorization Act of 1996 (49 U.S.C. 47114 note; 110 Stat.
3220) is repealed.
(b) Airport Improvement Program.--
(1) Authorization of appropriations.--Section 48103 of title
49, United States Code, is amended--
(A) by striking ``September 30, 1996'' and inserting
``September 30, 1998''; and
(B) by striking ``$2,280,000,000'' and all that
follows through the period at the end and inserting the
following: ``$1,205,000,000 for the six-month period
beginning October 1, 1998''.
(2) Obligational authority.--Section 47104(c) of title 49,
United States Code, is amended by striking ``September 30,
1998'' and inserting ``March 31, 1999''.
(c) Aviation Insurance Program Amendments.--
(1) Reimbursement of insured party's subrogee.--Section
44309(a) of title 49, United States Code, is amended to read as
follows:
``(a) Losses.--
``(1) Actions against united states.--A person may bring a
civil action in a district court of the United States or in the
United States Court of Federal Claims against the United States
Government when--
``(A) a loss insured under this chapter is in
dispute; or
``(B)(i) the person is subrogated under a contract
between the person and a party insured under this
chapter (other than section 44305(b)) to the rights of
the insured party against the United States Government;
and
``(ii) the person has paid to the insured party,
with the approval of the Secretary of Transportation, an
amount for a physical damage loss that the Secretary has
determined is a loss covered by insurance issued under
this chapter (other than section 44305(b)).
``(2) Limitation.--A civil action involving the same matter
(except the action authorized by this subsection) may not be
brought against an agent, officer, or employee of the Government
carrying out this chapter.
[[Page 112 STAT. 2681-588]]
``(3) Procedure.--To the extent applicable, the procedure in
an action brought under section 1346(a)(2) of title 28, United
States Code, applies to an action under this subsection.''.
(2) Extension of aviation insurance program.--Section 44310
of such title is amended by striking ``December 31, 1998.'' and
inserting ``March 31, 1999.''.
(d) Eligibility of AIP Funds to Assess Y2K Compliance.--
(1) Eligibility.--For fiscal year 1999 the term ``airport
development'' under section 47102(3) of title 49, United States
Code, may include activities of an airport sponsor of a
commercial service airport (as defined by section 47102(7) of
such title) to assess the Year 2000 processing capabilities of
any airport facilities, technology systems, or equipment owned
by the airport sponsor and directly related to airport
activities, regardless of whether such facilities, systems, or
equipment are otherwise eligible for assistance under chapter
471 of such title. Such activities may include testing
associated with such assessment.
(2) Limitations.--
(A) Only funds apportioned to sponsors under section
47114(c) of title 49, United States Code, or to States
under subsections (d) and (e) of section 47114 of such
title, may be used for activities described in paragraph
(1).
(B) The expanded eligibility under paragraph (1)
applies only to the assessment (and associated testing)
with respect to the Year 2000 processing capabilities of
airport facilities, systems, and equipment owned by the
airport sponsor.
(3) Definition.--In this subsection, the term ``Year 2000
processing'' means the processing (including, without
limitation, calculating, comparing, sequencing, displaying, or
storing), transmitting, or receiving of date or date/time data
from, into, and between the twentieth and twenty-first
centuries, and the years 1999 and 2000, and leap year
calculations.
(e) Scorekeeping Adjustment.--Notwithstanding Rule 3 of the Budget
Scorekeeping Guidelines set forth in the Joint Explanatory Statement of
the Committee of Conference accompanying Conference Report No. 105-217,
legislation in this section that would have been estimated by the Office
of Management and Budget as changing direct spending or receipts under
section 252 of the Balanced Budget and Emergency Deficit Control Act of
1985 were it included in an Act other than an appropriation Act shall be
treated as direct spending or receipts legislation, as appropriate,
under section 252 of the Balanced Budget and Emergency Deficit Control
Act of 1985.
(f) Joint Venture Agreements.
(1) In general.--Subchapter I of chapter 417 is amended by
adding at the end the following:
``Sec. 41716. Joint venture agreements <>
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Joint venture agreement.--The term `joint venture
agreement' means an agreement entered into by a major air
carrier on or after January 1, 1998, with regard to (A) code-
sharing, blocked-space arrangements, long-term wet leases (as
defined in section 207.1 of title 14, Code of Federal
Regulations)
[[Page 112 STAT. 2681-589]]
of a substantial number (as defined by the Secretary by
regulation) of aircraft, or frequent flyer programs, or (B) any
other cooperative working arrangement (as defined by the
Secretary by regulation) between 2 or more major air carriers
that affects more than 15 percent of the total number of
available seat miles offered by the major air carriers.
``(2) Major air carrier.--The term `major air carrier' means
a passenger air carrier that is certificated under chapter 411
of this title and included in Carrier Group III under criteria
contained in section 04 of part 241 of title 14, Code of Federal
Regulations.
``(b) Submission of Joint Venture Agreement.--At least 30 days
before a joint venture agreement may take effect, each of the major air
carriers that entered into the agreement shall submit to the Secretary--
``(1) a complete copy of the joint venture agreement and all
related agreements; and
``(2) other information and documentary material that the
Secretary may require by regulation.
``(c) Extension of Waiting Period.--
``(1) In general.--The Secretary may extend the 30-day
period referred to in subsection (b) until--
``(A) in the case of a joint venture agreement with
regard to code-sharing, the 150th day following the last
day of such period; and
``(B) in the case of any other joint venture
agreement, the 60th day following the last day of such
period.
``(2) <> Publication
of reasons for extension.--If the Secretary extends the 30-day
period referred to in subsection (b), the Secretary shall
publish in the Federal Register the Secretary's reasons for
making the extension.
``(d) Termination of Waiting Period.--At any time after the date
of submission of a joint venture agreement under subsection (b), the
Secretary may terminate the waiting periods referred to in subsections
(b) and (c) with respect to the agreement.
``(e) Regulations.--The effectiveness of a joint venture agreement
may not be delayed due to any failure of the Secretary to issue
regulations to carry out this section.
``(f) Memorandum To Prevent Duplicative Reviews.--Promptly after
the date of enactment of this section, the Secretary shall consult with
the Assistant Attorney General of the Antitrust Division of the
Department of Justice in order to establish, through a written
memorandum of understanding, preclearance procedures to prevent
unnecessary duplication of effort by the Secretary and the Assistant
Attorney General under this section and the antitrust laws of the United
States, respectively.
``(g) Prior Agreements.--With respect to a joint venture agreement
entered into before the date of enactment of this section as to which
the Secretary finds that--
``(1) the parties submitted the agreement to the Secretary
before such date of enactment; and
``(2) the parties submitted all information on the agreement
requested by the Secretary,
the waiting period described in paragraphs (2) and (3) shall begin on
the date, as determined by the Secretary, on which all such information
was submitted and end on the last day to which the period could be
extended under this section.
[[Page 112 STAT. 2681-590]]
``(h) Limitation on Statutory Construction.--The authority granted
to the Secretary under this section shall not in any way limit the
authority of the Attorney General to enforce the antitrust laws as
defined in the first section of the Clayton Act (15 U.S.C. 12).''.
(2) Conforming amendment.--The analysis for subchapter I of
chapter 417 is amended by adding at the end the following:
``41716. Joint venture agreements.''.
(g) Competitive Practices in the Airline Industry.--
(1) National Research Council.--
(a) Study.--The National Research Council of the
National Academy of Sciences shall complete a
comprehensive update of the 1991 study of airline
deregulation prepared by the Transportation Research
Board of the Council. The update shall include updated
versions of the chapters contained in the study
pertaining to competitive issues in the airline industry
as well as recommendations for changes in the statutory
framework under which the airline industry operates.
(b) Report by national research council.--Not later
than 6 months after the date of enactment of this Act,
the National Research Council shall transmit to Congress
and the Secretary of Transportation a report containing
the results of the study conducted under paragraph (a).
(c) Report by the secretary.--Not later than 2
months after the date on which the Secretary receives
the report of the National Research Council under
paragraph (b), the Secretary shall transmit to Congress
a report containing the response of the Secretary to the
findings and recommendations of the National Research
Council.
(2) Report to Congress.--The Secretary shall conduct a study
and transmit to Congress a report that includes--
(a) a description of any complaints received by the
Secretary concerning acts of unfair competition or
predatory pricing in the airline industry (including the
number of such complaints) and of specific examples of
such acts;
(b) a description of the options of the Secretary
for addressing any acts of unfair competition or
predatory pricing identified under paragraph (a);
(c) an analysis of the guidelines proposed in Docket
OST-98-3713, including information documenting and
quantifying the impact of the guidelines on the items
listed in subsection (3)(c); and
(d) a description of the manner in which the
Secretary plans to coordinate the handling of predatory
pricing and unfair competition complaints against air
carriers filed with the Secretary and similar complaints
filed with the Attorney General, including methods to
ensure efficient use of limited government resources and
to ensure that all parties avoid duplicate requests by
government agencies for information unless each of the
agencies needs the information to carry out its
statutory responsibilities.
(3) Guidelines.--
[[Page 112 STAT. 2681-591]]
(a) Issuance.--The Secretary shall not issue final
guidelines in Docket OST-98-3713 before the date of
transmittal to Congress of a report under subsection
(2).
(b) Transmittal to congress.--If the Secretary
issues final guidelines in Docket OST-98-3713, the
Secretary shall transmit the guidelines to Congress.
(c) Impact of guidelines.--If, as a result of the
study conducted under subsection (2), the Secretary
decides to issue final guidelines in Docket OST-98-3713
that are different from the guidelines originally
proposed, the Secretary shall, as part of the
transmittal under paragraph (b), include information
that documents and quantifies the impact of the
guidelines on the following:
(i) Scheduled service to small- and medium-
sized communities.
(ii) Airfares, including the availability of
senior citizen, Internet, and standby discounts on
routes covered by the guidelines.
(iii) The incentive and ability of major air
carriers to offer low airfares.
(iv) The incentive of new entrant air carriers
to offer low airfares.
(v) The ability of air carriers to offer
inclusive leisure travel for which airfares are
not separately advertised.
(vi) Members of frequent flyer programs.
(vii) The ability of air carriers to carry
nonorigination and destination traffic on the
portion of routes that are served by new entrant
air carriers covered by the guidelines.
(viii) Airline employees.
(4) Consultation.--In conducting the study under section
(2), the Secretary shall consult with the Attorney General,
major air carriers, new entrant air carriers, airport and
community leaders, academic and economic experts, and airline
employees and passengers.
(5) Effective Date.--The guidelines adopted in Docket OST-
98-3713, or any similar guidelines, shall not become effective
before the last day of the 12-week period beginning on the date
of transmittal to Congress of final guidelines in Docket OST-98-
3713, except that a week shall not count toward such 12-week
period unless the House of Representatives is in session for
legislative business at least 1 day during the week.
Sec. 111. Steel Imports Into the United States. (a) Findings.--
Congress makes the following findings:
(1) The current financial crises in Asia, the independent
States of the former Soviet Union (as defined in section 3 of
the FREEDOM Support Act), Russia, and other areas of the world,
involve significant depreciation in the currencies of several
key steel-producing and steel-consuming countries, along with a
collapse in the domestic demand for steel in the countries.
(2) The crises have generated and will continue to generate
increases in United States imports of steel, both from the
countries whose currencies have been depreciated and from other
Asian steel-producing countries that are no longer able
[[Page 112 STAT. 2681-592]]
to export steel to the countries that are experiencing an
economic crisis.
(3) United States imports of finished steel mill products
from Asian steel-producing countries, such as the People's
Republic of China, Japan, Korea, India, Taiwan, Indonesia,
Thailand, and Malaysia, increased by 79 percent in the first 5
months of 1998.
(4) Year-to-date imports of steel from Russia now exceed the
record import levels of 1997, and steel imports from Russia and
the Ukraine now approach 2,500,000 net tons.
(5) Foreign government trade restrictions and private
restraints of trade distort international trade and investment
patterns and result in burdens on United States commerce,
including absorption of a disproportionate share of steel
diverted from other countries.
(6) The European Union, for example, despite also being a
major economy, in 1997 imported only one-tenth as much finished
steel products from Asian steel-producing countries as the
United States did and has restricted imports of steel from the
independent states of the former Soviet Union and Russia.
(7) The United States is simultaneously facing a substantial
increase in steel imports from the independent states of the
former Soviet Union and Russia, caused in part by the closure of
Asian markets to steel imports.
(8) There is a well recognized need for improvement in the
enforcement of the United States trade laws to provide an
effective response to situations of such increased imports.
(b) Sense of Congress.--Congress calls upon the President to--
(1) pursue enhanced enforcement of the United States trade
laws with respect to the increase in steel imports into the
United States, using all remedies available under United States
laws including imposition of offsetting duties, quantitative
restrictions, and other appropriate remedial measures;
(2) pursue with all methods at the President's disposal to
achieve a more equitable sharing of the burden of accepting
imports of finished steel products from Asia and the independent
states of the former Soviet Union;
(3) establish a task force within the executive branch that
has responsibility for closely monitoring imports of steel into
the United States; and
(4) report to Congress not later than January 5, 1999, with
a comprehensive plan for responding to the increase in steel
imports, including ways of limiting the deleterious effects on
employment, prices, and investment in the United States steel
industry.
Sec. 112. Inclusion of Spirit Mound, South Dakota, on the Lewis and
Clark Trail. (a) Acquisition.--The Secretary of the Interior is
authorized to acquire on a willing seller basis, at a cost of not to
exceed $600,000, the tract of land known as ``Spirit Mound'', located on
South Dakota Highway 19 near Vermilion, South Dakota.
(b) Inclusion on the Lewis and Clark Trail.--The tract described in
subsection (a) shall be administered as part of the Lewis and Clark
National Historic Trail.
[[Page 112 STAT. 2681-593]]
(c) Cooperative Agreement.--The Secretary of the Interior shall
enter into a cooperative agreement with Lewis and Clark/Spirit Mound
Trust Inc., providing for the restoration, interpretation, and long-term
preservation of, and public access to, Spirit Mound.
Sec. 113. (a) Designation of Dick Cheney Federal Building.--The
Federal Building and Post Office located at 100 East B Street, Casper,
Wyoming, shall be known and designated as the ``Dick Cheney Federal
Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal Building and
Post Office referred to in subsection (a) shall be deemed to be a
reference to the ``Dick Cheney Federal Building''.
Sec. 114. (a) Designation.--The United States Post Office located at
297 Larkfield Road in East Northport, New York, shall be known and
designated as the ``Jerome Anthony Ambro, Jr. Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States Post
Office referred to in subsection (a) shall be deemed to be a reference
to the ``Jerome Anthony Ambro, Jr. Post Office Building''.
Sec. 115. Designation of Lieutenant Henry O. Flipper Station. (a) In
General.--The facility of the United States Postal Service located at
Tall Timbers Village Square, United States Highway 19 South, in
Thomasville, Georgia, shall be known and designated as the ``Lieutenant
Henry O. Flipper Station''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility of the
United States Postal Service referred to in subsection (a) shall be
deemed to be a reference to the ``Lieutenant Henry O. Flipper Station''.
Sec. 116. William R. ``Billy'' Rolle Post Office Building. (a)
Designation.--The United States Postal Service building located at 3191
Grand Avenue in Coconut Grove, Florida, shall be known and designated as
the ``William R. `Billy' Rolle Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``William R.
`Billy' Rolle Post Office Building''.
Sec. 117. Helen Miller Post Office Building. (a) Designation.--The
United States Postal Service building located at 550 Fisherman Street in
Opa Locka, Florida, shall be known and designated as the ``Helen Miller
Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Helen
Miller Post Office Building''.
Sec. 118. Essie Silva Post Office Building. (a) Designation.--The
United States Postal Service building located at 18690 N.W. 37th Avenue
in Carol City, Florida, shall be known and designated as the ``Essie
Silva Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Essie Silva
Post Office Building''.
[[Page 112 STAT. 2681-594]]
Sec. 119. Athalie Range Post Office Building. (a) Designation.--The
United States Postal Service building located at 500 North West 2d
Avenue in Miami, Florida, shall be known and designated as the ``Athalie
Range Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Athalie
Range Post Office Building''.
Sec. 120. Garth Reeves, Sr. Post Office Building. (a) Designation.--
The United States Postal Service building located at 995 North West
119th Street in Miami, Florida, shall be known and designated as the
``Garth Reeves, Sr. Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Garth
Reeves, Sr. Post Office Building''.
Sec. 121. (a) Designation.--The United States Post Office located at
16250 Highway 603 in Kiln, Mississippi, shall be known and designated as
the ``Ray J. Favre Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States Post
Office referred to in subsection (a) shall be deemed to be a reference
to the ``Ray J. Favre Post Office Building''.
Sec. 122. (a) Redesignation.--The building of the United States
Postal Service located at 2419 West Monroe Street, in Chicago, Illinois,
and known as the Midwest Post Office Building, shall be known and
designated as the ``Nancy B. Jefferson Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Nancy B.
Jefferson Post Office Building''.
Sec. 123. (a) Redesignation.--The facility of the United States
Postal Service located at 9719 Candelaria Road NE in Albuquerque, New
Mexico, and known as the Eldorado Station Post Office, shall be known
and designated as the ``Steve Schiff Post Office''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the facility referred to
in subsection (a) shall be deemed to be a reference to the ``Steve
Schiff Post Office''.
Sec. 124. (a) Designation.--The United States Post Office located at
860 Penniman Avenue in Plymouth, Michigan, shall be known and designated
as the ``Carl D. Pursell Post Office''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States Post
Office referred to in subsection (a) shall be deemed to be a reference
to the ``Carl D. Pursell Post Office''.
Sec. 125. (a) Designation.--The United States Post Office located at
202 Center Street in Garwood, New Jersey, shall be known and designated
as the ``James T. Leonard, Sr. Post Office''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States Post
Office referred to in subsection (a) shall be deemed to be a reference
to the ``James T. Leonard, Sr. Post Office''.
Sec. 126. Edgar C. Campbell, Sr., Post Office Building. (a)
Designation.--The United States Postal Service building located at 658
63rd Street, in Philadelphia, Pennsylvania, shall
[[Page 112 STAT. 2681-595]]
be known and designated as the ``Edgar C. Campbell, Sr., Post Office
Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Edgar C.
Campbell, Sr., Post Office Building''.
Sec. 127. David P. Richardson, Jr., Post Office Building. (a)
Designation.--The United States Postal Service building located at 5209
Greene Street, in Philadelphia, Pennsylvania, shall be known and
designated as the ``David P. Richardson, Jr., Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``David P.
Richardson, Jr., Post Office Building''.
Sec. 128. (a) Redesignation.--The building of the United States
Postal Service located at 324 South Laramie Street, in Chicago,
Illinois, and known as the Austin Post Office Building, shall be known
and designated as the ``Reverend Milton R. Brunson Post Office
Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Reverend
Milton R. Brunson Post Office Building''.
Sec. 129. Designation. (a) In General.--The facility of the United
States Postal Service located at 3750 North Kedzie Avenue in Chicago,
Illinois, shall be known and designated as the ``Daniel J. Doffyn Post
Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States Post
Office building referred to in subsection (a) shall be deemed to be a
reference to the ``Daniel J. Doffyn Post Office Building''.
Sec. 130. (a) Designation.--The United States Post Office located at
215 East Jackson Street in Painesville, Ohio, as the ``Karl Bernal Post
Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States Post
Office referred to in subsection (a) shall be deemed to be a reference
to the ``Karl Bernal Post Office Building''.
Sec. 131. (a) Designation.--The United States Post Office located at
95 West #100 South in Provo, Utah, shall be known and designated as the
``Howard C. Nielson Post Office Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States Post
Office referred to in subsection (a) shall be deemed to be a reference
to the ``Howard C. Nielson Post Office Building''.
Sec. 132. (a) Designation.--The United States Postal Service
building located at 11550 Livingston Road, in Fort Washington, Maryland,
shall be known and designated as the ``Jacob Joseph Chestnut Post Office
Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the building referred to
in subsection (a) shall be deemed to be a reference to the ``Jacob
Joseph Chestnut Post Office Building''.
[[Page 112 STAT. 2681-596]]
Sec. 133. (a) Designation.--The Federal building located at 309
North Church Street in Dyersburg, Tennessee, shall be known and
designated as the ``Jere Cooper Federal Building''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal building
referred to in subsection (a) shall be deemed to be a reference to the
``Jere Cooper Federal Building''.
Sec. 134. Notwithstanding any other law, sections 101 (d), (k), (p),
(s) and (x) of the Omnibus Personnel Reform Amendment Act of 1998, D.C.
Law 12-124, effective June 11, 1998, are enacted into law.
Sec. 135. (a) Any right, title, or interest of the United States in
the property described in subsection (b) is hereby waived.
(b) The property described in this subsection is certain real
property comprised of approximately 106.94 acres of land located in Anne
Arundel County in the State of Maryland, said property being originally
approximately 144.5 acres of land granted to the United States to be
held in title by the ``Commissioners of the District of Columbia on
behalf of the United States of America'', in fee simple, by a Judgment
of Taking in U.S. District Court, Civil Action Number 2391, saving and
excepting therefrom approximately 37.57 acres of land by deed dated June
17, 1947, and recorded at Liber 584, Folio 591.
Sec. 136. Flood Mitigation Near Pierre, South Dakota. (a) In
General.--
(1) Land acquisition.--To provide full operational
capability to carry out the authorized purposes of the Missouri
River Main Stem dams that are part of the Pick-Sloan Missouri
River Basin Program authorized by section 9 of the Act entitled
``An Act authorizing the construction of certain public works on
rivers and harbors for flood control, and other purposes'',
approved December 22, 1944, the Secretary may acquire from
willing sellers such land and property in the vicinity of
Pierre, South Dakota, or floodproof or relocate such property
within the project area, as the Secretary determines is
adversely affected by the full wintertime Oahe Powerplant
releases.
(2) Ownership and use.--Any land that is acquired under this
authority shall be kept in public ownership and will be
dedicated and maintained in perpetuity for a use that is
compatible with any remaining flood threat.
(3) Report.--
(A) In general.--The Secretary shall not obligate
funds to implement this paragraph until the Secretary
has completed a report addressing the criteria for
selecting which properties are to be acquired, relocated
or floodproofed, and a plan for implementing such
measures and has made a determination that the measures
are economically justified.
(B) Deadline.--The report shall be completed not
later than 180 days after funding is made available.
(4) Coordination and cooperation.--The report and
implementation plan--
(A) shall be coordinated with the Federal Emergency
Management Agency; and
(B) shall be prepared in consultation with other
Federal agencies, and State and local officials, and
residents.
[[Page 112 STAT. 2681-597]]
(5) Considerations.--Such report should take into account
information from prior and ongoing studies.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $35,000,000.
Sec. 137. Grand Forks, North Dakota, and East Grand Forks,
Minnesota.--The following project for water resources development and
conservation and other purposes is authorized to be carried out by the
Secretary of the Army, acting through the Chief of Engineers,
substantially in accordance with the plans, and subject to the
conditions recommended in a final report of the Chief of Engineers as
approved by the Secretary, if the report of the Chief is completed not
later than December 31, 1998: The project for flood damage reduction and
recreation, Grand Forks, North Dakota, and East Grand Forks, Minnesota,
at a total cost of $307,750,000, with an estimated Federal cost of
$154,360,000 and an estimated non-Federal cost of $153,390,000.
Sec. 138. Police Corps Act. (a) Training Period.--
(1) In general.--Section 200108 of the Police Corps Act (42
U.S.C. 14097) is amended by striking subsection (b) and
inserting the following:
``(b) Training Sessions.--A participant in a State Police Corps
program shall attend up to 24 weeks, but no less than 16 weeks, of
training at a training center. The Director may approve training
conducted in not more than 3 separate sessions.''.
(2) Conforming amendment.--Section 200108(c) of the Police
Corps Act (42 U.S.C. 14097(c)) is amended by striking ``16 weeks
of''.
(b) Reauthorization.--Section 200112 of the Police Corps Act (42
U.S.C. 14101) is amended by striking ``$20,000'' and all that follows
before the period and inserting ``$50,000,000 for fiscal year 1999,
$70,000,000 for fiscal year 2000, $90,000,000 for fiscal year 2001, and
$90,000,000 for fiscal year 2002''.
Sec. 139. <> Congressional Gold Medals and
Commemorative Coins. (a) Little Rock Nine.--
(1) The Congress hereby finds the following:
(A) Jean Brown Trickey, Carlotta Walls LaNier, Melba
Patillo Beals, Terrence Roberts, Gloria Ray Karlmark,
Thelma Mothershed Wair, Ernest Green, Elizabeth Eckford,
and Jefferson Thomas, hereafter in this section referred
to as the ``Little Rock Nine'', voluntarily subjected
themselves to the bitter stinging pains of racial
bigotry.
(B) The Little Rock Nine are civil rights pioneers
whose selfless acts considerably advanced the civil
rights debate in this country.
(C) The Little Rock Nine risked their lives to
integrate Central High School in Little Rock, Arkansas,
and subsequently the Nation.
(D) The Little Rock Nine sacrificed their innocence
to protect the American principle that we are all ``one
Nation, under God, indivisible''.
(E) The Little Rock Nine have indelibly left their
mark on the history of the Nation.
(F) The Little Rock Nine have continued to work
toward equality for all Americans.
(2)(A) The President is authorized to present, on behalf of
Congress, to Jean Brown Trickey, Carlotta Walls LaNier, Melba
Patillo Beals, Terrence Roberts, Gloria Ray Karlmark,
[[Page 112 STAT. 2681-598]]
Thelma Mothershed Wair, Ernest Green, Elizabeth Eckford, and
Jefferson Thomas, commonly referred to as the ``Little Rock
Nine'', gold medals of appropriate design, in recognition of the
selfless heroism such individuals exhibited and the pain they
suffered in the cause of civil rights by integrating Central
High School in Little Rock, Arkansas.
(B) For purposes of the presentation referred to in
subsection (A) the Secretary of the Treasury shall strike a gold
medal with suitable emblems, devices, and inscriptions to be
determined by the Secretary for each recipient.
(C) <> Effective October 1, 1998,
there be authorized to be appropriated such sums as may be
necessary to carry out this subsection.
(3)(A) The Secretary of the Treasury may strike and sell
duplicates in bronze of the gold medals struck pursuant to
subsection (a)(2)(B) under such regulations as the Secretary may
prescribe, at a price sufficient to cover the cost thereof,
including labor, materials, dies, use of machinery, and overhead
expenses, and the cost of the gold medal.
(B) The appropriation used to carry out this subsection
shall be reimbursed out of the proceeds of sales under
subsection (a)(3)(A).
(4) The medals struck pursuant to this subsection are
national medals for purposes of chapter 51 of title 31, United
States Code.
(b) Gerald R. and Betty Ford.--
(1) The President is authorized to present, on behalf of the
Congress, to Gerald R. and Betty Ford a gold medal of
appropriate design--
(A) in recognition of their dedicated public service
and outstanding humanitarian contributions to the people
of the United States; and
(B) in commemoration of the following occasions in
1998:
(i) The 85th anniversary of the birth of
President Ford.
(ii) The 80th anniversary of the birth of Mrs.
Ford.
(iii) The 50th wedding anniversary of
President and Mrs. Ford.
(iv) The 50th anniversary of the 1st election
of Gerald R. Ford to the United States to the
United States House of Representatives.
(v) The 25th anniversary of the approval of
Gerald R. Ford by the Congress to become Vice
President of the United States.
(2) For purposes of the presentation referred to in
subsection (b)(1), the Secretary of the Treasury shall strike a
gold medal with suitable emblems, devices, and inscriptions to
be determined by the Secretary.
(3) There are authorized to be appropriated not to exceed
$20,000 to carry out this subsection.
(4) The Secretary of the Treasury may strike and sell
duplicates in bronze of the gold medal struck pursuant to
subsection (b)(2) under such regulations as the Secretary may
prescribe, at a price sufficient to cover the cost thereof,
including labor, materials, dies, use of machinery, and overhead
expenses, and the cost of the gold medal.
[[Page 112 STAT. 2681-599]]
(5) The appropriation used to carry out this subsection
shall be reimbursed out of the proceeds of sales under
subsection (b)(4).
(6) The medals struck pursuant to this subsection are
national medals for purposes of chapter 51 of title 31, United
States Code.
(c) <> 6-Month Extension for Certain
Sales.--Notwithstanding section 101(7)(D) of the United States
Commemorative Coin Act of 1996, the Secretary of the Treasury may, at
any time before January 1, 1999, make bulk sales at a reasonable
discount to the Jackie Robinson Foundation of not less than 20 percent
of any denomination of proof and uncirculated coins minted under section
101(7) of such Act which remained unissued as of July 1, 1998, except
that the total number of coins of any such denomination which were
issued under such section or this section may not exceed the amount of
such denomination of coins which were authorized to be minted and issued
under section 101(7)(A) of such Act.
Sec. 140. (a) Land Conveyance, San Joaquin County, California.--
Notwithstanding any other provision of law (including the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 471 et
seq.)), the Attorney General shall convey, by quit claim deed and by
negotiated sale, to the City of Tracy, California (in this section
referred to as the ``City''), the interest of the United States in a
parcel of real property consisting of approximately 200 acres located in
San Joaquin County, California, and currently administered by the
Federal Bureau of Prisons of the Department of Justice. The Attorney
General shall complete the conveyance to the City not later than 120
days after the date of the enactment of this Act.
(b) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Attorney General.
The cost of the survey shall be borne by the City.
(c) Purpose of Conveyance.--The purpose of the real property
conveyance under subsection (a) is to permit the City to use
approximately 150 acres of the conveyed property as the location of a
joint secondary and post secondary educational facility and for other
educational purposes and to use approximately 50 acres of the conveyed
property for economic development. In the event that the City determines
that a joint secondary and post secondary educational facility is
unfeasible for the 150-acre portion of the conveyed property, the City
shall use up to 50 acres of that portion for at least 30 years as the
location for a secondary school and for other educational purposes and
use up to 100 acres of that portion as a public park and for other
recreational purposes.
(d) Conditions on Use.--(1) The use of the real property conveyed
under subsection (a) for educational purposes, as provided in subsection
(c), shall be subject to the approval of the Secretary of Education.
(2) The use of the conveyed real property for economic development,
as provided in subsection (c), shall be subject to the approval of the
Attorney General.
(3) If a portion of the conveyed real property is used as a public
park or for other recreational purposes, as provided in subsection (c),
the use of such portion shall be subject to the approval of the
Secretary of the Interior.
[[Page 112 STAT. 2681-600]]
(e) Reversionary Interests.--(1) If the Secretary of Education
determines at any time that the portion of the real property conveyed
under subsection (a) that is to be used for educational purposes is not
being used for such purposes, all right, title, and interest in and to
that portion of the property, including any improvements thereon, shall
revert to the United States.
(2) If the Attorney General determines at any time that the portion
of the real property conveyed under subsection (a) that is to be used
for economic development is not being used for such purposes, all right,
title, and interest in and to that portion of the property, including
any improvements thereon, shall revert to the United States.
(3) If a portion of the real property conveyed under subsection (a)
is used as a public park or for other recreational purposes, as provided
in subsection (c), and the Secretary of the Interior determines that
such portion is no longer being used for such purposes, all right,
title, and interest in and to that portion of the property, including
any improvements thereon, shall revert to the United States.
(f) Additional Terms and Conditions.--The Attorney General may
require such additional terms and conditions in connection with the
conveyance under subsection (a) as the Attorney General considers
appropriate to protect the interests of the United States.
Sec. 141. <> (a)
Short Title. This section may be cited as the ``Lorton Technical
Corrections Act of 1998''.
(b) Transfer of Land to General Services Administration. Section
11201 of the National Capital Revitalization and Self-Government
Improvement Act of 1997 (Public Law 105-33; D.C. Code 24-1201) is
amended--
(1) by redesignating the second subsection (g) and
subsection (h) as subsections (h) and (i);
(2) in subsection (g)(1)--
(A) by inserting ``(A)'' before ``Notwithstanding'';
(B) by striking ``Except as provided in paragraph
(2)'' and all that follows through ``Department of the
Interior.''; and
(C) by adding at the end the following new
subparagraphs:
``(B) <> Contingent on the
General Services Administration (GSA) receiving the necessary
appropriations to carry out the requirements of this paragraph
and subsection (g), and notwithstanding the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), not
later than 60 days after the date of the enactment of the Lorton
Technical Corrections Act of 1998, any property on which the
Lorton Correctional Complex is located shall be transferred to
the GSA.
``(C) Not later than 1 year after the date of the enactment
of the Lorton Technical Corrections Act of 1998, Fairfax County
shall submit a reuse plan that complies with all requisite
approvals to the Administrator of General Services, that aims to
maximize use of the land for open space, park land, or
recreation, while delineating permissible or required uses,
potential development densities, and any time limits on such
development factors of the property on which the Lorton
Correctional Complex is located.
``(D) Not later than 180 days after the date of the
enactment of the Lorton Technical Corrections Act of 1998, the
Secretary
[[Page 112 STAT. 2681-601]]
of the Interior shall notify GSA of any property it requests to
be transferred to the Department of the Interior for the purpose
of a land exchange by the United States Fish and Wildlife
Service within the Commonwealth of Virginia or such other
purposes consistent with the reuse plan developed by Fairfax
County as the Secretary may request. The Administrator of
General Services shall approve the Secretary's request to the
extent that the request is consistent with the reuse plan
developed by Fairfax County and does not result in a significant
reduction in the marketability or value of any remaining
property. The Administrator of General Services shall coordinate
with the Secretary of the Interior to resolve any conflicts
presented by the Department of the Interior's request and shall
transfer the property to the Department of the Interior at no
cost.
``(E) Any property not transferred to the Department of the
Interior under subparagraph (D) shall be disposed of according
to paragraphs (2) and (4).'';
(3) in subsection (g)(2)(A)(ii) by striking ``Department of
Parks and Recreation'' each place it appears and inserting
``Park Authority'';
(4) in subsection (g) by adding at the end the following new
paragraphs:
``(4) Conditions on transfer of lorton property east of ox
road (state route 123).--
``(A) In general.--With respect to property east of
Ox Road (State Route 123) on which the Lorton
Correctional Complex is located, the Administrator of
General Services shall--
``(i) cooperate with the District of Columbia
Corrections Trustee to determine property
necessary for the Trustee to maintain the security
of the Lorton Correctional Complex until its
closure;
``(ii) prepare a report of title, complete a
property description, provide protection and
maintenance, conduct an environmental assessment
of the property to determine the extent of
contamination, complete National Environmental
Policy Act of 1969 (42 U.S.C. 4331 et seq.) and
National Historic Preservation Act (16 U.S.C. 470
et seq.) processes for closure and disposal of the
property, and provide an estimate of the cost for
remediation and contingent on receiving the
necessary appropriations complete the remediation
in compliance with applicable Federal and State
environmental laws;
``(iii) develop a disposition strategy
incorporating the Fairfax County reuse plan and
the Department of the Interior's land transfer
request, and resolve conflicts between the plan
and the transfer request, or between the reuse
plan, the transfer request and the results of the
environmental studies;
``(iv) negotiate with any entity that has a
lease, agreement, memorandum of understanding,
right-of-way, or easement with the District of
Columbia to occupy or utilize any parcels of such
property on the date of the enactment of this
title, to perfect or extend
[[Page 112 STAT. 2681-602]]
such lease, agreement, memorandum of
understanding, right-of-way, or easement;
``(v) transfer any property identified for use
for open space, park land, or recreation in the
Fairfax County reuse plan to the Northern Virginia
Regional Park Authority, the Fairfax County Park
Authority, or another public entity, subject to
the condition that the recipient use the conveyed
property only for open space, park land, or
recreation and that the transfer be at fair market
value considering the highest and best use of the
property to be open space, park land, and
recreation;
``(vi) not later than 60 days after the
property is transferred to the General Services
Administration, transfer at fair market value the
six-acre parcel east of Shirley Highway on
Interstate 95 to Amtrak, subject to such terms and
conditions as the Administrator determines to be
in the best interest of the United States;
``(vii) dispose of any parcels not reserved by
the Department of the Interior and not otherwise
addressed under this subparagraph at fair market
value, subject to such terms and conditions as the
Administrator determines to be in the best
interest of the United States;
``(viii) deposit any proceeds from the sale of
property on which the Lorton Correctional Complex
is located into a special fund established in the
treasury for purposes of covering real property
utilization and disposal related expenses,
including environmental compliance and remediation
for the Lorton Correctional Complex until all
property has been conveyed; and
``(ix) deposit any remaining funds in the
Policy and Operations appropriation account of the
General Services Administration to be used for
real property utilization and disposal activities
until expended.
``(B) Report.--Not later than 90 days after the date
of the receipt of the Fairfax County reuse plan and the
Department of the Interior property transfer request by
the Administrator of General Services, the Administrator
shall report to the Committees on Appropriations and
Government Reform and Oversight of the House of
Representatives, and the Committees on Appropriations
and Governmental Affairs of the Senate on plans to
comply with the terms of this paragraph and any
estimated costs associated with such compliance.
``(C) Authorization.--There is authorized to be
appropriated such sums as are necessary from the general
funds of the Treasury, to remain available until
expended, to the Policy and Operations appropriation
account of the General Services Administration for the
real property utilization and disposal activities in
carrying out the provisions of this title.
``(5) Jurisdiction.--Any property disposed of according to
paragraphs (2) and (4) shall be under the jurisdiction of the
Commonwealth of Virginia. Any development of such property and
any property transferred to the Department of the Interior
[[Page 112 STAT. 2681-603]]
for exchange purposes shall comply with any applicable planning
and zoning requirements of Fairfax County and the Fairfax County
reuse plan.''.
Sec. 142. <> Olympic and Amateur Sports. (a) Short Title.--
This section may be cited as the ``Olympic and Amateur Sports Act
Amendments of 1998''.
(b) Amendment of Title 36, United States Code; Title of Chapter.--
(1) Except as otherwise expressly provided, whenever in this
section an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other
provision of title 36, United States Code.
(2) Section 220501 is amended--
(A) by striking ``Definitions'' in the heading and
inserting ``Title and Definitions'';
(B) by inserting after the heading the following:
``(a) <> Title.--This chapter may
be cited as the `Ted Stevens Olympic and Amateur Sports Act'.''; and
(C) by inserting ``(b) Definitions.--'' immediately
before ``For the purposes of''.
(c) Definitions.--Section 220501 is amended by--
(1) inserting ``or paralympic sports organization'' after
``national governing body'' in paragraph (1);
(2) redesignating paragraph (7) as paragraph (8); and
(3) inserting after paragraph (6) the following:
``(7) `paralympic sports organization' means an amateur sports
organization which is recognized by the corporation under section 220521
of this title.''.
(d) Purposes.--Section 220503 is amended by--
(1) striking ``Olympic Games'' each place it appears in
paragraphs (3) and (4) and inserting ``Olympic Games, the
Paralympic Games,''; and
(2) striking paragraph (13) and inserting the following:
``(13) to encourage and provide assistance to amateur
athletic programs and competition for amateur athletes with
disabilities, including, where feasible, the expansion of
opportunities for meaningful participation by such amateur
athletes in programs of athletic competition for able-bodied
amateur athletes; and''.
(e) Membership.--Section 220504(b) is amended by--
(1) striking paragraphs (1) and (2) and inserting the
following:
``(1) amateur sports organizations recognized as national
governing bodies and paralympic sports organizations in
accordance with section 220521 of this title, including through
provisions which establish and maintain a National Governing
Bodies' Council composed of representatives of the national
governing bodies and any paralympic sports organizations and
selected by their boards of directors or such other governing
boards to ensure effective communication between the corporation
and such national governing bodies and paralympic sports
organizations;
``(2) amateur athletes who are actively engaged in amateur
athletic competition or who have represented the United States
in international amateur athletic competition within the
preceding 10 years, including through provisions which--
[[Page 112 STAT. 2681-604]]
``(A) <> establish and
maintain an Athletes' Advisory Council composed of, and
elected by, such amateur athletes to ensure
communication between the corporation and such amateur
athletes; and
``(B) ensure that the membership and voting power
held by such amateur athletes is not less than 20
percent of the membership and voting power held in the
board of directors of the corporation and in the
committees and entities of the corporation;''; and
(2) inserting a comma and ``the Paralympic Games,'' after
``Olympic Games'' in paragraph (3).
(f) Powers.--
(1) General corporate powers.--Section 220505(b)(9) is
amended by striking ``sued; and'' and inserting ``sued, except
that any civil action brought in a State court against the
corporation and solely relating to the corporation's
responsibilities under this Act shall be removed, at the request
of the corporation, to the district court of the United States
in the district in which the action was brought, and such
district court shall have original jurisdiction over the action
without regard to the amount in controversy or citizenship of
the parties involved, and except that neither this paragraph nor
any other provision of this chapter shall create a private right
of action under this chapter; and''.
(2) Powers related to amateur athletics and the olympic
games.--Section 220505(c) is amended by--
(A) striking ``Organization;'' in paragraph (2) and
inserting ``Organization and as its national Paralympic
committee in relations with the International Paralympic
Committee;'';
(B) striking ``Games and of'' in paragraph (3) and
inserting ``Games, the Paralympic Games, and'';
(C) striking ``Games;'' in paragraph (4) and
inserting ``Games, or as paralympic sports organizations
for any sport that is included on the program of the
Paralympic Games;''; and
(D) striking ``Games,'' in paragraph (5) and
inserting ``Games, the Paralympic Games, the Pan-
American Games, world championship competition,''.
(g) Use of Olympic, Paralympic, and Pan-American Symbols.--Section
220506 is amended by--
(1) striking ``rings;'' in subsection (a)(2) and inserting
``rings, the symbol of the International Paralympic Committee,
consisting of 3 TaiGeuks, or the symbol of the Pan-American
Sports Organization, consisting of a torch surrounded by
concentric rings;'';
(2) inserting `` `Paralympic', `Paralympiad', `Pan-
American', `America Espirito Sport Fraternite','' before ``or
any combination'' in subsection (a)(4);
(3) inserting a comma and ``International Paralympic
Committee, the Pan-American Sports Organization,'' after
``International Olympic Committee'' in subsection (b);
(4) inserting ``the Paralympic team,'' before ``the Pan-
American team'' in subsection (b);
(5) inserting a comma and ``Paralympic, or Pan-American
Games'' after ``any Olympic'' in subsection (c)(3);
[[Page 112 STAT. 2681-605]]
(6) inserting a comma and ``the International Paralympic
Committee, the Pan-American Sports Organization,'' after
``International Olympic Committee'' in subsection (c)(4);
(7) inserting ``AND GEOGRAPHIC REFERENCE'' after ``PRE-
EXISTING'' in subsection (d); and
(8) adding at the end of subsection (d) the following:
``(3) Use of the word `Olympic' to identify a business or
goods or services is permitted by this section where--
``(A) such use is not combined with any of the
intellectual properties referenced in subsections (a) or
(c) of this section;
``(B) it is evident from the circumstances that such
use of the word `Olympic' refers to the naturally
occurring mountains or geographical region of the same
name that were named prior to February 6, 1998, and not
to the corporation or any Olympic activity; and
``(C) such business, goods, or services are
operated, sold, and marketed in the State of Washington
west of the Cascade Mountain range and operations,
sales, and marketing outside of this area are not
substantial.''.
(h) Resolution of Disputes.--Section 220509 is amended by--
(1) inserting ``(a) General.--'' before ``The corporation'';
(2) inserting ``the Paralympic Games,'' before ``the Pan-
American Games'';
(3) inserting after ``the corporation.'' the following: ``In
any lawsuit relating to the resolution of a dispute involving
the opportunity of an amateur athlete to participate in the
Olympic Games, the Paralympic Games, or the Pan-American Games,
a court shall not grant injunctive relief against the
corporation within 21 days before the beginning of such games if
the corporation, after consultation with the chair of the
Athletes' Advisory Council, has provided a sworn statement in
writing executed by an officer of the corporation to such court
that its constitution and bylaws cannot provide for the
resolution of such dispute prior to the beginning of such
games.''; and
(4) adding at the end thereof the following:
``(b) Ombudsman.--
``(1) The corporation shall hire and provide salary,
benefits, and administrative expenses for an ombudsman for
athletes, who shall--
``(A) provide independent advice to athletes at no
cost about the applicable provisions of this chapter and
the constitution and bylaws of the corporation, national
governing bodies, a paralympic sports organizations,
international sports federations, the International
Olympic Committee, the International Paralympic
Committee, and the Pan-American Sports Organization, and
with respect to the resolution of any dispute involving
the opportunity of an amateur athlete to participate in
the Olympic Games, the Paralympic Games, the Pan-
American Games, world championship competition or other
protected competition as defined in the constitution and
bylaws of the corporation;
``(B) assist in mediating any such disputes; and
``(C) report to the Athletes' Advisory Council on a
regular basis.
``(2)(A) The procedure for hiring the ombudsman for athletes
shall be as follows:
[[Page 112 STAT. 2681-606]]
``(i) The Athletes' Advisory Council shall provide
the corporation's executive director with the name of
one qualified person to serve as ombudsman for athletes.
``(ii) The corporation's executive director shall
immediately transmit the name of such person to the
corporation's executive committee.
``(iii) The corporation's executive committee shall
hire or not hire such person after fully considering the
advice and counsel of the Athletes' Advisory Council.
``If there is a vacancy in the position of the ombudsman for
athletes, the nomination and hiring procedure set forth in this
paragraph shall be followed in a timely manner.
``(B) The corporation may terminate the employment of an
individual serving as ombudsman for athletes only if--
``(i) the termination is carried out in accordance
with the applicable policies and procedures of the
corporation;
``(ii) the termination is initially recommended to
the corporation's executive committee by either the
corporation's executive director or by the Athletes'
Advisory Council; and
``(iii) the corporation's executive committee fully
considers the advice and counsel of the Athletes'
Advisory Council prior to deciding whether or not to
terminate the employment of such individual.''.
(i) Agent for Service of Process.--The text of section 220510 is
amended to read as follows: ``As a condition to the exercise of any
power or privilege granted by this chapter, the corporation shall have a
designated agent in the State of Colorado to receive service of process
for the corporation. Notice to or service on the agent, or mailed to the
business address of the agent, is notice to or service on the
corporation.''.
(j) Report.--
(1) Section 220511(a) is amended to read as follows:
``(a) Submission to President and Congress.--The corporation shall,
on or before the first day of June, 2001, and every fourth year
thereafter, transmit simultaneously to the President and to each House
of Congress a detailed report of its operations for the preceding 4
years, including--
``(1) a complete statement of its receipts and expenditures;
``(2) a comprehensive description of the activities and
accomplishments of the corporation during such 4-year period;
``(3) data concerning the participation of women, disabled
individuals, and racial and ethnic minorities in the amateur
athletic activities and administration of the corporation and
national governing bodies; and
``(4) a description of the steps taken to encourage the
participation of women, disabled individuals, and racial
minorities in amateur athletic activities.''.
(2) The chapter analysis for chapter 2205 is amended by
striking the item relating to section 220511 and inserting the
following:
``220511. Report.''.
(k) Complete Teams.--
(1) General.--Subchapter I of chapter 2205 is amended by
adding at the end thereof the following:
[[Page 112 STAT. 2681-607]]
``Sec. 220512. Complete teams
``In obtaining representation for the United States in each
competition and event of the Olympic Games, Paralympic Games, and Pan-
American Games, the corporation, either directly or by delegation to the
appropriate national governing body or paralympic sports organization,
may select, but is not obligated to select (even if not selecting will
result in an incomplete team for an event), athletes who have not met
the eligibility standard of the national governing body and the
Corporation, when the number of athletes who have met the eligibility
standards of such entities is insufficient to fill the roster for an
event.''.
(2) The chapter analysis for chapter 2205 is amended by
inserting after the item relating to section 220511 the
following:
``220512. Complete teams.''.
(l) Recognition of Amateur Sports Organizations.--Section 220521 is
amended by--
(1) striking the first sentence of subsection (a) and
inserting the following: ``For any sport which is included on
the program of the Olympic Games, the Paralympic Games, or the
Pan-American Games, the corporation is authorized to recognize
as a national governing body (in the case of a sport on the
program of the Olympic Games or Pan-American Games) or as a
paralympic sports organization (in the case of a sport on the
program of the Paralympic Games for which a national governing
body has not been designated under section 220522(b)) an amateur
sports organization which files an application and is eligible
for such recognition in accordance with the provisions of
subsections (a) or (b) of section 220522.'';
(2) striking ``approved.'' in subsection (a) and inserting
``approved, except as provided in section 220522(b) with respect
to a paralympic sports organization.'';
(3) striking ``hold a public hearing'' in subsection (b) and
inserting ``hold at least 2 public hearings'';
(4) striking ``hearing.'' each place it appears in
subsection (b) and inserting ``hearings.''; and
(5) adding at the end of subsection (b) the following: ``The
corporation shall send written notice, which shall include a
copy of the application, at least 30 days prior to the date of
any such public hearing to all amateur sports organizations
known to the corporation in that sport.''.
(m) Eligibility Requirements.--Section 220522 is amended by--
(1) inserting ``(a) General.--'' before ``An amateur'';
(2) striking paragraph (4) and inserting the following:
``(4) agrees to submit to binding arbitration in any
controversy involving--
``(A) its recognition as a national governing body,
as provided for in section 220529 of this title, upon
demand of the corporation; and
``(B) the opportunity of any amateur athlete, coach,
trainer, manager, administrator or official to
participate in amateur athletic competition, upon demand
of the corporation or any aggrieved amateur athlete,
coach, trainer, manager, administrator or official,
conducted in accordance with the Commercial Rules of the
American Arbitration Association, as modified and
provided for in the
[[Page 112 STAT. 2681-608]]
corporation's constitution and bylaws, except that if
the Athletes' Advisory Council and National Governing
Bodies' Council do not concur on any modifications to
such Rules, and if the corporation's executive committee
is not able to facilitate such concurrence, the
Commercial Rules of Arbitration shall apply unless at
least two-thirds of the corporation's board of directors
approves modifications to such Rules;'';
(3) striking paragraph (10) and inserting the following:
``(10) demonstrates, based on guidelines approved by the
corporation, the Athletes' Advisory Council, and the National
Governing Bodies' Council, that its board of directors and other
such governing boards have established criteria and election
procedures for and maintain among their voting members
individuals who are actively engaged in amateur athletic
competition in the sport for which recognition is sought or who
have represented the United States in international amateur
athletic competition within the preceding 10 years, that any
exceptions to such guidelines by such organization have been
approved by the corporation, and that the voting power held by
such individuals is not less than 20 percent of the voting power
held in its board of directors and other such governing
boards;'';
(4) inserting ``or to participation in the Olympic Games,
the Paralympic Games, or the Pan-American Games'' after
``amateur status'' in paragraph (14); and
(5) adding at the end thereof the following:
``(b) Recognition of Paralympic Sports Organizations.--For any sport
which is included on the program of the Paralympic Games, the
corporation is authorized to designate, where feasible and when such
designation would serve the best interest of the sport, and with the
approval of the affected national governing body, a national governing
body recognized under subsection (a) to govern such sport. Where such
designation is not feasible or would not serve the best interest of the
sport, the corporation is authorized to recognize another amateur sports
organization as a paralympic sports organization to govern such sport,
except that, notwithstanding the other requirements of this chapter, any
such paralympic sports organization--
``(1) shall comply only with those requirements, perform
those duties, and have those powers that the corporation, in its
sole discretion, determines are appropriate to meet the objects
and purposes of this chapter; and
``(2) may, with the approval of the corporation, govern more
than one sport included on the program of the Paralympic
Games.''.
(n) Authority of National Governing Bodies.--Section 220523 is
amended by--
(1) striking ``Games and'' in paragraph (6) and inserting
``Games, the Paralympic Games, and''; and
(2) striking ``Games and'' in paragraph (7) and inserting
``Games, the Paralympic Games, and''.
(o) Duties of National Governing Bodies.--Section 220524 is amended
by--
(1) redesignating paragraphs (4) through (8) as paragraphs
(5) through (9); and
(2) inserting after paragraph (3) the following:
[[Page 112 STAT. 2681-609]]
``(4) disseminate and distribute to amateur athletes,
coaches, trainers, managers, administrators, and officials in a
timely manner the applicable rules and any changes to such rules
of the national governing body, the corporation, the appropriate
international sports federation, the International Olympic
Committee, the International Paralympic Committee, and the Pan-
American Sports Organization;''.
(p) Replacement of National Governing Body.--Section 220528 is
amended by--
(1) striking ``Olympic Games or both'' in subsection
(c)(1)(A) and inserting ``Olympic Games or the Paralympic Games,
or in both'';
(2) striking ``registered'' in subsection (c)(2) and
inserting ``certified'';
(3) striking ``body.'' in subsection (c)(2) and inserting
``body and with any other organization that has filed an
application.'';
(4) inserting ``open to the public'' in subsection (d) after
``formal hearing'' in the first sentence;
(5) inserting after the second sentence in subsection (d)
the following: ``The corporation also shall send written notice,
including a copy of the application, at least 30 days prior to
the date of the hearing to all amateur sports organizations
known to the corporation in that sport.''; and
(6) striking ``title.'' in subsection (f)(4) and inserting
``title and notify such national governing body of such
probation and of the actions needed to comply with such
requirements.''.
(q) <> Special Report to Congress.--Five
years from the date of the enactment of this Act, the United States
Olympic Committee shall submit a special report to the Congress on the
effectiveness of the provisions of chapter 2205 of title 36, United
States Code, as amended by this Act, together with any additional
proposed changes to that chapter the United States Olympic Committee
determines are appropriate.
Sec. 143. Section 8106(a) of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter under
section 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 113
note), is amended by striking ``$3,000,000'' and inserting
``$1,000,000''.
Sec. 144. Section 8120 of the Department of Defense Appropriations
Act, 1999, <> is amended by striking out ``owned,
or partially owned by'' and inserting in lieu thereof ``if the Secretary
of Defense determines that'', and is further amended by inserting before
the period ``owns more than a fifty per centum interest in the
company''.
Sec. 145. Modification of Land Conveyance Authority, Armed Forces
Retirement Home. (a) Postponement of Sale.--Subsection (a) of section
1053 of the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201), as amended by section 1043 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999, <> is further amended--
(1) by inserting ``(1)'' before ``Notwithstanding''; and
(2) by adding at the end the following:
``(2) The sale under paragraph (1) may not occur before April 30,
1999.''.
(b) Deposit of Proceeds of Sale.--Subsection (b) of such section
1053, as so amended, is further amended by adding at the end the
following:
[[Page 112 STAT. 2681-610]]
``(3) The payment received under paragraph (2) shall be deposited in
the Armed Forces Retirement Home Trust Fund in accordance with section
1519(a)(2) of the National Defense Authorization Act for Fiscal Year
1991 (104 Stat. 1730; 24 U.S.C. 419(a)(2)).''.
Sec. 146. Certification of Exports of Missile Equipment or
Technology to China. (a) Certification.--Section 1512 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 <> is amended--
(1) by striking ``The'' and inserting ``(a) Certification.--
The''; and
(2) by adding at the end the following:
``(b) Exception.--The certification requirement contained in
subsection (a) shall not apply to the export of inertial reference units
and components in manned civilian aircraft or supplied as spare or
replacement parts for such aircraft.''.
(b) <> Effective Date.--The amendments made
by this section shall take effect on the later of--
(1) the enactment of this Act; or
(2) the enactment of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999.
Sec. 147. The Secretary of the Navy, in consultation with the
Commandant of the Marine Corps, shall assess the requirement for Marine
Corps warfighting and attrition reserve F/A-18 aircraft and monitor the
viability of the existing F/A-18 production line to meet these
requirements: Provided, That, pursuant to section 8005 of the Department
of Defense Appropriations Act, 1999, the Secretary of the Navy may
transfer funds sufficient to ensure that the F/A-18 production
capability remains available to meet Marine Corps F/A-18 warfighting and
attrition reserve aircraft requirements through additional aircraft
production.
Sec. 148. Section 8135 of the Department of Defense Appropriations
Act, 1992 (Public Law 102-172; 105 Stat. 1212; 37 U.S.C. 301b note), is
amended--
(1) in subsection (a), by inserting before the period at the
end the following: ``or as a supplemental payment if the
officer's final military pay account is already settled''; and
(2) in subsection (b)--
(A) by inserting ``applies'' after ``subsection
(a)'';
(B) by striking ``January 17, 1991'' and inserting
``August 2, 1990'';
(C) by inserting ``(regardless of the date of the
commencement of combatant activities in such zone as
specified in that Executive Order)'' after ``as a combat
zone''; and
(D) by striking ``section 302b'' and inserting
``section 301b''.
Sec. 149. (a) <> Chapter 12 of title 11 of the United States
Code, as in effect on September 30, 1998, is hereby reenacted for the
period beginning on October 1, 1998, and ending on April 1, 1999.
(b) All cases commenced or pending under chapter 12 of title 11,
United States Code, as reenacted under subsection (a), and all matters
and proceedings in or relating to such cases, shall be conducted and
determined under such chapter as if such chapter were continued in
effect after April 1, 1999. The substantive rights of parties in
connection with such cases, matters, and proceedings shall continue to
be governed under the laws applicable to such
[[Page 112 STAT. 2681-611]]
cases, matters, and proceedings as if such chapter were continued in
effect after April 1, 1999.
(c) This section shall take effect on October 1, 1998.
Sec. 150. (a) Extension of Agreement for State of Mississippi.--The
Secretary of the Interior shall offer to reinstate the Memorandum of
Agreement between the Mississippi Department of Wildlife Conservation
and the United States Fish and Wildlife Service concerning the framework
closing dates for the 1979-1980 through 1981-1982 duck hunting seasons,
executed in November 1979, for the 1998-1999 duck hunting season in the
State of Mississippi, except that--
(1) the duck hunting season shall end on January 31, 1999;
and
(2) the total number of days for the duck hunting season in
the State of Mississippi shall not exceed 51 days.
(b) Extension of Agreement to Other States.--At the request of any
other State represented on the Lower-Region Regulations Committee of the
Mississippi Flyway Council, the Secretary of the Interior shall extend
the agreement described in subsection (a) to that State for the 1998-
1999 duck hunting season if the State agrees to reduce the total number
of days of the duck hunting season in the State to the extent necessary
to result in no net increase in the duck harvest in the State for that
season.
SEC. 151. <> FEDERAL VACANCIES AND APPOINTMENTS.
(a) Short Title.--This section may be cited as the ``Federal
Vacancies Reform Act of 1998''.
(b) In General.--Chapter 33 of title 5, United States Code, is
amended by striking sections 3345 through 3349 and inserting the
following:
``Sec. 3345. Acting officer
``(a) If an officer of an Executive agency (including the Executive
Office of the President, and other than the General Accounting Office)
whose appointment to office is required to be made by the President, by
and with the advice and consent of the Senate, dies, resigns, or is
otherwise unable to perform the functions and duties of the office--
``(1) the first assistant to the office of such officer
shall perform the functions and duties of the office temporarily
in an acting capacity subject to the time limitations of section
3346;
``(2) notwithstanding paragraph (1), the President (and only
the President) may direct a person who serves in an office for
which appointment is required to be made by the President, by
and with the advice and consent of the Senate, to perform the
functions and duties of the vacant office temporarily in an
acting capacity subject to the time limitations of section 3346;
or
``(3) notwithstanding paragraph (1), the President (and only
the President) may direct an officer or employee of such
Executive agency to perform the functions and duties of the
vacant office temporarily in an acting capacity, subject to the
time limitations of section 3346, if--
``(A) during the 365-day period preceding the date
of death, resignation, or beginning of inability to
serve of
[[Page 112 STAT. 2681-612]]
the applicable officer, the officer or employee served
in a position in such agency for not less than 90 days;
and
``(B) the rate of pay for the position described
under subparagraph (A) is equal to or greater than the
minimum rate of pay payable for a position at GS-15 of
the General Schedule.
``(b)(1) Notwithstanding subsection (a)(1), a person may not serve
as an acting officer for an office under this section, if--
``(A) during the 365-day period preceding the date of the
death, resignation, or beginning of inability to serve, such
person--
``(i) did not serve in the position of first
assistant to the office of such officer; or
``(ii) served in the position of first assistant to
the office of such officer for less than 90 days; and
``(B) the President submits a nomination of such person to
the Senate for appointment to such office.
``(2) Paragraph (1) shall not apply to any person if--
``(A) such person is serving as the first assistant to the
office of an officer described under subsection (a);
``(B) the office of such first assistant is an office for
which appointment is required to be made by the President, by
and with the advice and consent of the Senate; and
``(C) the Senate has approved the appointment of such person
to such office.
``(c)(1) Notwithstanding subsection (a)(1), the President (and only
the President) may direct an officer who is nominated by the President
for reappointment for an additional term to the same office in an
Executive department without a break in service, to continue to serve in
that office subject to the time limitations in section 3346, until such
time as the Senate has acted to confirm or reject the nomination,
notwithstanding adjournment sine die.
``(2) For purposes of this section and sections 3346, 3347, 3348,
3349, 3349a, and 3349d, the expiration of a term of office is an
inability to perform the functions and duties of such office.
``Sec. 3346. Time limitation
``(a) Except in the case of a vacancy caused by sickness, the person
serving as an acting officer as described under section 3345 may serve
in the office--
``(1) for no longer than 210 days beginning on the date the
vacancy occurs; or
``(2) subject to subsection (b), once a first or second
nomination for the office is submitted to the Senate, from the
date of such nomination for the period that the nomination is
pending in the Senate.
``(b)(1) If the first nomination for the office is rejected by the
Senate, withdrawn, or returned to the President by the Senate, the
person may continue to serve as the acting officer for no more than 210
days after the date of such rejection, withdrawal, or return.
``(2) Notwithstanding paragraph (1), if a second nomination for the
office is submitted to the Senate after the rejection, withdrawal, or
return of the first nomination, the person serving as the acting officer
may continue to serve--
``(A) until the second nomination is confirmed; or
[[Page 112 STAT. 2681-613]]
``(B) for no more than 210 days after the second nomination
is rejected, withdrawn, or returned.
``(c) If a vacancy occurs during an adjournment of the Congress sine
die, the 210-day period under subsection (a) shall begin on the date
that the Senate first reconvenes.
``Sec. 3347. Exclusivity
``(a) Sections 3345 and 3346 are the exclusive means for temporarily
authorizing an acting official to perform the functions and duties of
any office of an Executive agency (including the Executive Office of the
President, and other than the General Accounting Office) for which
appointment is required to be made by the President, by and with the
advice and consent of the Senate, unless--
``(1) a statutory provision expressly--
``(A) authorizes the President, a court, or the head
of an Executive department, to designate an officer or
employee to perform the functions and duties of a
specified office temporarily in an acting capacity; or
``(B) designates an officer or employee to perform
the functions and duties of a specified office
temporarily in an acting capacity; or
``(2) the President makes an appointment to fill a vacancy
in such office during the recess of the Senate pursuant to
clause 3 of section 2 of article II of the United States
Constitution.
``(b) Any statutory provision providing general authority to the
head of an Executive agency (including the Executive Office of the
President, and other than the General Accounting Office) to delegate
duties statutorily vested in that agency head to, or to reassign duties
among, officers or employees of such Executive agency, is not a
statutory provision to which subsection (a)(2) applies.
``Sec. 3348. Vacant office
``(a) In this section--
``(1) the term `action' includes any agency action as
defined under section 551(13); and
``(2) the term `function or duty' means any function or duty
of the applicable office that--
``(A)(i) is established by statute; and
``(ii) is required by statute to be performed by the
applicable officer (and only that officer); or
``(B)(i)(I) is established by regulation; and
``(II) is required by such regulation to be
performed by the applicable officer (and only that
officer); and
``(ii) includes a function or duty to which clause
(i) (I) and (II) applies, and the applicable regulation
is in effect at any time during the 180-day period
preceding the date on which the vacancy occurs.
``(b) Unless an officer or employee is performing the functions and
duties in accordance with sections 3345, 3346, and 3347, if an officer
of an Executive agency (including the Executive Office of the President,
and other than the General Accounting Office) whose appointment to
office is required to be made by the President, by and with the advice
and consent of the Senate, dies, resigns, or is otherwise unable to
perform the functions and duties of the office--
[[Page 112 STAT. 2681-614]]
``(1) the office shall remain vacant; and
``(2) in the case of an office other than the office of the
head of an Executive agency (including the Executive Office of
the President, and other than the General Accounting Office),
only the head of such Executive agency may perform any function
or duty of such office.
``(c) If the last day of any 210-day period under section 3346 is a
day on which the Senate is not in session, the second day the Senate is
next in session and receiving nominations shall be deemed to be the last
day of such period.
``(d)(1) An action taken by any person who is not acting under
section 3345, 3346, or 3347, or as provided by subsection (b), in the
performance of any function or duty of a vacant office to which this
section and sections 3346, 3347, 3349, 3349a, 3349b, and 3349c apply
shall have no force or effect.
``(2) An action that has no force or effect under paragraph (1) may
not be ratified.
``(e) This section shall not apply to--
``(1) the General Counsel of the National Labor Relations
Board;
``(2) the General Counsel of the Federal Labor Relations
Authority;
``(3) any Inspector General appointed by the President, by
and with the advice and consent of the Senate;
``(4) any Chief Financial Officer appointed by the
President, by and with the advice and consent of the Senate; or
``(5) an office of an Executive agency (including the
Executive Office of the President, and other than the General
Accounting Office) if a statutory provision expressly prohibits
the head of the Executive agency from performing the functions
and duties of such office.
``Sec. 3349. Reporting of vacancies
``(a) The head of each Executive agency (including the Executive
Office of the President, and other than the General Accounting Office)
shall submit to the Comptroller General of the United States and to each
House of Congress--
``(1) notification of a vacancy in an office to which this
section and sections 3345, 3346, 3347, 3348, 3349a, 3349b,
3349c, and 3349d apply and the date such vacancy occurred
immediately upon the occurrence of the vacancy;
``(2) the name of any person serving in an acting capacity
and the date such service began immediately upon the
designation;
``(3) the name of any person nominated to the Senate to fill
the vacancy and the date such nomination is submitted
immediately upon the submission of the nomination; and
``(4) the date of a rejection, withdrawal, or return of any
nomination immediately upon such rejection, withdrawal, or
return.
``(b) If the Comptroller General of the United States makes a
determination that an officer is serving longer than the 210-day period
including the applicable exceptions to such period under section 3346 or
section 3349a, the Comptroller General shall report such determination
immediately to--
``(1) the Committee on Governmental Affairs of the Senate;
[[Page 112 STAT. 2681-615]]
``(2) the Committee on Government Reform and Oversight of
the House of Representatives;
``(3) the Committees on Appropriations of the Senate and
House of Representatives;
``(4) the appropriate committees of jurisdiction of the
Senate and House of Representatives;
``(5) the President; and
``(6) the Office of Personnel Management.
``Sec. 3349a. Presidential inaugural transitions
``(a) In this section, the term `transitional inauguration day'
means the date on which any person swears or affirms the oath of office
as President, if such person is not the President on the date preceding
the date of swearing or affirming such oath of office.
``(b) With respect to any vacancy that exists during the 60-day
period beginning on a transitional inauguration day, the 210-day period
under section 3346 or 3348 shall be deemed to begin on the later of the
date occurring--
``(1) 90 days after such transitional inauguration day; or
``(2) 90 days after the date on which the vacancy occurs.
``Sec. 3349b. Holdover provisions
``Sections 3345 through 3349a shall not be construed to affect any
statute that authorizes a person to continue to serve in any office--
``(1) after the expiration of the term for which such person
is appointed; and
``(2) until a successor is appointed or a specified period
of time has expired.
``Sec. 3349c. Exclusion of certain officers
``Sections 3345 through 3349b shall not apply to--
``(1) any member who is appointed by the President, by and
with the advice and consent of the Senate to any board,
commission, or similar entity that--
``(A) is composed of multiple members; and
``(B) governs an independent establishment or
Government corporation;
``(2) any commissioner of the Federal Energy Regulatory
Commission;
``(3) any member of the Surface Transportation Board; or
``(4) any judge appointed by the President, by and with the
advice and consent of the Senate, to a court constituted under
article I of the United States Constitution.
``Sec. 3349d. Notification of intent to nominate during certain recesses
or adjournments
``(a) The submission to the Senate, during a recess or adjournment
of the Senate in excess of 15 days, of a written notification by the
President of the President's intention to submit a nomination after the
recess or adjournment shall be considered a nomination for purposes of
sections 3345 through 3349c if such notification contains the name of
the proposed nominee and the office for which the person is nominated.
``(b) If the President does not submit a nomination of the person
named under subsection (a) within 2 days after the end
[[Page 112 STAT. 2681-616]]
of such recess or adjournment, effective after such second day the
notification considered a nomination under subsection (a) shall be
treated as a withdrawn nomination for purposes of sections 3345 through
3349c.''.
(c) Technical and Conforming Amendment.--
(1) Table of sections.--The table of sections for chapter 33
of title 5, United States Code, is amended by striking the
matter relating to subchapter III and inserting the following:
``3341. Details; within Executive or military departments.
``[3342. Repealed.]
``3343. Details; to international organizations.
``3344. Details; administrative law judges.
``3345. Acting officer.
``3346. Time limitation.
``3347. Exclusivity.
``3348. Vacant office.
``3349. Reporting of vacancies.
``3349a. Presidential inaugural transitions.
``3349b. Holdover provisions relating to certain independent
establishments.
``3349c. Exclusion of certain officers.
``3349d. Notification of intent to nominate during certain recesses or
adjournments.''.
(2) Subchapter heading.--The subchapter heading for
subchapter III of chapter 33 of title 5, United States Code, is
amended to read as follows:
``SUBCHAPTER III--DETAILS, VACANCIES, AND APPOINTMENTS''
(d) Effective <> Date and Application.--
(1) Effective date.--Subject to paragraph (2), this section
and the amendments made by this section shall take effect 30
days after the date of enactment of this section.
(2) Application.--
(A) In general.--This section shall apply to any
office that becomes vacant after the effective date of
this section.
(B) Immediate application of time limitation.--
Notwithstanding subparagraph (A), for any office vacant
on the effective date of this section, the time
limitations under section 3346 of title 5, United States
Code (as amended by this section) shall apply to such
office. Such time limitations shall apply as though such
office first became vacant on the effective date of this
section.
(C) Certain nominations.--If the President submits
to the Senate the nomination of any person after the
effective date of this section for an office for which
such person had been nominated before such date, the
next nomination of such person after such date shall be
considered a first nomination of such person to that
office for purposes of sections 3345 through 3349 and
section 3349d of title 5, United States Code (as amended
by this section).
TITLE <> II--FISHERIES
Subtitle I--Fishery Endorsements
SEC. 201. <> SHORT TITLE.
This title may be cited as the ``American Fisheries Act''.
[[Page 112 STAT. 2681-617]]
SEC. 202. STANDARD FOR FISHERY ENDORSEMENTS.
(a) Standard.--Section 12102(c) of title 46, United States Code, is
amended to read as follows--
``(c)(1) A vessel owned by a corporation, partnership, association,
trust, joint venture, limited liability company, limited liability
partnership, or any other entity is not eligible for a fishery
endorsement under section 12108 of this title unless at least 75 per
centum of the interest in such entity, at each tier of ownership of such
entity and in the aggregate, is owned and controlled by citizens of the
United States.
``(2) <> The Secretary shall apply section
2(c) of the Shipping Act, 1916 (46 App. U.S.C. 802(c)) in determining
under this subsection whether at least 75 per centum of the interest in
a corporation, partnership, association, trust, joint venture, limited
liability company, limited liability partnership, or any other entity is
owned and controlled by citizens of the United States. For the purposes
of this subsection and of applying the restrictions on controlling
interest in section 2(c) of such Act, the terms `control' or
`controlled'--
``(A) shall include--
``(i) the right to direct the business of the entity
which owns the vessel;
``(ii) the right to limit the actions of or replace
the chief executive officer, a majority of the board of
directors, any general partner, or any person serving in
a management capacity of the entity which owns the
vessel; or
``(iii) the right to direct the transfer, operation
or manning of a vessel with a fishery endorsement; and
``(B) shall not include the right to simply participate in
the activities under subparagraph (A), or the use by a mortgagee
under paragraph (4) of loan covenants approved by the Secretary.
``(3) A fishery endorsement for a vessel that is chartered or leased
to an individual who is not a citizen of the United States or to an
entity that is not eligible to own a vessel with a fishery endorsement
and used as a fishing vessel shall be invalid immediately upon such use.
``(4)(A) An individual or entity that is otherwise eligible to own a
vessel with a fishery endorsement shall be ineligible by reason of an
instrument or evidence of indebtedness, secured by a mortgage of the
vessel to a trustee eligible to own a vessel with a fishery endorsement
that is issued, assigned, transferred or held in trust for a person not
eligible to own a vessel with a fishery endorsement, unless the
Secretary determines that the issuance, assignment, transfer, or trust
arrangement does not result in an impermissible transfer of control of
the vessel and that the trustee--
``(i) is organized as a corporation, and is doing business,
under the laws of the United States or of a State;
``(ii) is authorized under those laws to exercise corporate
trust powers;
``(iii) is subject to supervision or examination by an
official of the United States Government or a State;
``(iv) has a combined capital and surplus (as stated in its
most recent published report of condition) of at least
$3,000,000; and
[[Page 112 STAT. 2681-618]]
``(v) meets any other requirements prescribed by the
Secretary.
``(B) A vessel with a fishery endorsement may be operated by a
trustee only with the approval of the Secretary.
``(C) A right under a mortgage of a vessel with a fishery
endorsement may be issued, assigned, or transferred to a person not
eligible to be a mortgagee of that vessel under section 31322(a)(4) of
this title only with the approval of the Secretary.
``(D) The issuance, assignment, or transfer of an instrument or
evidence of indebtedness contrary to this paragraph is voidable by the
Secretary.
``(5) The requirements of this subsection shall not apply to a
vessel when it is engaged in fisheries in the exclusive economic zone
under the authority of the Western Pacific Fishery Management Council
established under section 302(a)(1)(H) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(a)(1)(H)) or to a purse
seine vessel when it is engaged in tuna fishing in the Pacific Ocean
outside the exclusive economic zone of the United States or pursuant to
the South Pacific Regional Fisheries Treaty, provided that the owner of
the vessel continues to comply with the eligibility requirements for a
fishery endorsement under the federal law that was in effect on October
1, 1998. A fishery endorsement issued by the Secretary pursuant to this
paragraph shall be valid for engaging only in fisheries in the exclusive
economic zone under the authority of such Council, in such tuna fishing
in the Pacific Ocean, or pursuant to such Treaty.
``(6) A vessel greater than 165 feet in registered length, of more
than 750 gross registered tons, or that has an engine or engines capable
of producing a total of more than 3,000 shaft horsepower is not eligible
for a fishery endorsement under section 12108 of this title unless--
``(A)(i) a certificate of documentation was issued for the
vessel and endorsed with a fishery endorsement that was
effective on September 25, 1997;
``(ii) the vessel is not placed under foreign registry after
the date of the enactment of the American Fisheries Act; and
``(iii) in the event of the invalidation of the fishery
endorsement after the date of the enactment of the American
Fisheries Act, application is made for a new fishery endorsement
within fifteen (15) business days of such invalidation; or
``(B) the owner of such vessel demonstrates to the Secretary
that the regional fishery management council of jurisdiction
established under section 302(a)(1) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1))
has recommended after the date of the enactment of the American
Fisheries Act, and the Secretary of Commerce has approved,
conservation and management measures in accordance with such Act
to allow such vessel to be used in fisheries under such
council's authority.''.
(b) Preferred Mortgage.--Section 31322(a) of title 46, United States
Code is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3)(B)
and inserting in lieu thereof a semicolon and ``and''; and
(3) by inserting at the end the following new paragraph:
[[Page 112 STAT. 2681-619]]
``(4) with respect to a vessel with a fishery endorsement
that is 100 feet or greater in registered length, has as the
mortgagee--
``(A) a person eligible to own a vessel with a
fishery endorsement under section 12102(c) of this
title;
``(B) a state or federally chartered financial
institution that satisfies the controlling interest
criteria of section 2(b) of the Shipping Act, 1916 (46
U.S.C. 802(b)); or
``(C) a person that complies with the provisions of
section 12102(c)(4) of this title.''.
SEC. 203. ENFORCEMENT OF STANDARD.
(a) Effective Date.--The amendments made by section 202 shall take
effect on October 1, 2001.
(b) <> Regulations.--Final regulations to implement this subtitle shall
be published in the Federal Register by April 1, 2000. Letter rulings
and other interim interpretations about the effect of this subtitle and
amendments made by this subtitle on specific vessels may not be issued
prior to the publication of such final regulations. The regulations to
implement this subtitle shall prohibit impermissible transfers of
ownership or control, specify any transactions which require prior
approval of an implementing agency, identify transactions which do not
require prior agency approval, and to the extent practicable, minimize
disruptions to the commercial fishing industry, to the traditional
financing arrangements of such industry, and to the opportunity to form
fishery cooperatives.
(c) <> Vessels Measuring 100 Feet and
Greater.--(1) The Administrator of the Maritime Administration shall
administer section 12102(c) of title 46, United States Code, as amended
by this subtitle, with respect to vessels 100 feet or greater in
registered length. The owner of each such vessel shall file a statement
of citizenship setting forth all relevant facts regarding vessel
ownership and control with the Administrator of the Maritime
Administration on an annual basis to demonstrate compliance with such
section. Regulations to implement this subsection shall conform to the
extent practicable with the regulations establishing the form of
citizenship affidavit set forth in part 355 of title 46, Code of Federal
Regulations, as in effect on September 25, 1997, except that the form of
the statement under this paragraph shall be written in a manner to allow
the owner of each such vessel to satisfy any annual renewal requirements
for a certificate of documentation for such vessel and to comply with
this subsection and section 12102(c) of title 46, United States Code, as
amended by this Act, and shall not be required to be notarized.
(2) After October 1, 2001, transfers of ownership and control of
vessels subject to section 12102(c) of title 46, United States Code, as
amended by this Act, which are 100 feet or greater in registered length,
shall be rigorously scrutinized for violations of such section, with
particular attention given to leases, charters, mortgages, financing,
and similar arrangements, to the control of persons not eligible to own
a vessel with a fishery endorsement under section 12102(c) of title 46,
United States Code, as amended by this Act, over the management, sales,
financing, or other operations of an entity, and to contracts involving
the purchase over extended periods of time of all, or substantially all,
of the living marine resources harvested by a fishing vessel.
[[Page 112 STAT. 2681-620]]
(d) <> Vessels Measuring Less Than 100
Feet.--The Secretary of Transportation shall establish such requirements
as are reasonable and necessary to demonstrate compliance with section
12102(c) of title 46, United States Code, as amended by this Act, with
respect to vessels measuring less than 100 feet in registered length,
and shall seek to minimize the administrative burden on individuals who
own and operate such vessels.
(e) <> Endorsements Revoked.--The
Secretary of Transportation shall revoke the fishery endorsement of any
vessel subject to section 12102(c) of title 46, United States Code, as
amended by this Act, whose owner does not comply with such section.
(f) Penalty.--Section 12122 of title 46, United States Code, is
amended by inserting at the end the following new subsection:
``(c) In addition to penalties under subsections (a) and (b), the
owner of a documented vessel for which a fishery endorsement has been
issued is liable to the United States Government for a civil penalty of
up to $100,000 for each day in which such vessel has engaged in fishing
(as such term is defined in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802)) within the exclusive
economic zone of the United States, if the owner or the representative
or agent of the owner knowingly falsified or concealed a material fact,
or knowingly made a false statement or representation with respect to
the eligibility of the vessel under section 12102(c) of this title in
applying for or applying to renew such fishery endorsement.''.
(g) Certain Vessels.--The vessels EXCELLENCE (United States official
number 967502), GOLDEN ALASKA (United States official number 651041),
OCEAN PHOENIX (United States official number 296779), NORTHERN TRAVELER
(United States official number 635986), and NORTHERN VOYAGER (United
States official number 637398) (or a replacement vessel for the NORTHERN
VOYAGER that complies with paragraphs (2), (5), and (6) of section
208(g) of this Act) shall be exempt from section 12102(c), as amended by
this Act, until such time after October 1, 2001 as more than 50 percent
of the interest owned and controlled in the vessel changes, provided
that the vessel maintains eligibility for a fishery endorsement under
the federal law that was in effect the day before the date of the
enactment of this Act, and unless, in the case of the NORTHERN TRAVELER
or the NORTHERN VOYAGER (or such replacement), the vessel is used in any
fishery under the authority of a regional fishery management council
other than the New England Fishery Management Council or Mid-Atlantic
Fishery Management Council established, respectively, under
subparagraphs (A) and (B) of section 302(a)(1) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1852(a)(1) (A) and
(B)), or in the case of the EXCELLENCE, GOLDEN ALASKA, or OCEAN PHOENIX,
the vessel is used to harvest any fish.
SEC. 204. REPEAL OF OWNERSHIP SAVINGS CLAUSE.
(a) Repeal.--Section 7(b) of the Commercial Fishing Industry Vessel
Anti-Reflagging Act of 1987 (Public Law 100-239; 46 U.S.C. 12102 note)
is hereby repealed.
(b) <> Effective Date.--Subsection (a)
shall take effect on October 1, 2001.
[[Page 112 STAT. 2681-621]]
Subtitle II--Bering <> Sea Pollock Fishery
SEC. 205. DEFINITIONS.
As used in this subtitle--
(1) the term ``Bering Sea and Aleutian Islands Management
Area'' has the same meaning as the meaning given for such term
in part 679.2 of title 50, Code of Federal Regulations, as in
effect on October 1, 1998;
(2) the term ``catcher/processor'' means a vessel that is
used for harvesting fish and processing that fish;
(3) the term ``catcher vessel'' means a vessel that is used
for harvesting fish and that does not process pollock onboard;
(4) the term ``directed pollock fishery'' means the fishery
for the directed fishing allowances allocated under paragraphs
(1), (2), and (3) of section 206(b);
(5) the term ``harvest'' means to commercially engage in the
catching, taking, or harvesting of fish or any activity that can
reasonably be expected to result in the catching, taking, or
harvesting of fish;
(6) the term ``inshore component'' means the following
categories that process groundfish harvested in the Bering Sea
and Aleutian Islands Management Area:
(A) shoreside processors, including those eligible
under section 208(f); and
(B) vessels less than 125 feet in length overall
that process less than 126 metric tons per week in
round-weight equivalents of an aggregate amount of
pollock and Pacific cod;
(7) the term ``Magnuson-Stevens Act'' means the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.);
(8) the term ``mothership'' means a vessel that receives and
processes fish from other vessels in the exclusive economic zone
of the United States and is not used for, or equipped to be used
for, harvesting fish;
(9) the term ``North Pacific Council'' means the North
Pacific Fishery Management Council established under section
302(a)(1)(G) of the Magnuson-Stevens Act (16 U.S.C.
1852(a)(1)(G));
(10) the term ``offshore component'' means all vessels not
included in the definition of ``inshore component'' that process
groundfish harvested in the Bering Sea and Aleutian Islands
Management Area;
(11) the term ``Secretary'' means the Secretary of Commerce;
and
(12) the term ``shoreside processor'' means any person or
vessel that receives unprocessed fish, except catcher/
processors, motherships, buying stations, restaurants, or
persons receiving fish for personal consumption or bait.
SEC. 206. ALLOCATIONS.
(a) <> Pollock Community Development Quota.--
Effective January 1, 1999, 10 percent of the total allowable catch of
pollock in the Bering Sea and Aleutian Islands Management Area shall be
allocated as a directed fishing allowance to the western Alaska
community development quota program established under section 305(i) of
the Magnuson-Stevens Act (16 U.S.C. 1855(i)).
[[Page 112 STAT. 2681-622]]
(b) <> Inshore/Offshore.--Effective January
1, 1999, the remainder of the pollock total allowable catch in the
Bering Sea and Aleutian Islands Management Area, after the subtraction
of the allocation under subsection (a) and the subtraction of allowances
for the incidental catch of pollock by vessels harvesting other
groundfish species (including under the western Alaska community
development quota program) shall be allocated as directed fishing
allowances as follows--
(1) 50 percent to catcher vessels harvesting pollock for
processing by the inshore component;
(2) 40 percent to catcher/processors and catcher vessels
harvesting pollock for processing by catcher/processors in the
offshore component; and
(3) 10 percent to catcher vessels harvesting pollock for
processing by motherships in the offshore component.
SEC. 207. BUYOUT.
(a) Federal Loan.--Under the authority of sections 1111 and 1112 of
title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and
1279g) and notwithstanding the requirements of section 312 of the
Magnuson-Stevens Act (16 U.S.C. 1861a), the Secretary shall, subject to
the availability of appropriations for the cost of the direct loan,
provide up to $75,000,000 through a direct loan obligation for the
payments required under subsection (d).
(b) Inshore Fee System.--Notwithstanding the requirements of section
304(d) or 312 of the Magnuson-Stevens Act (16 U.S.C. 1854(d) and 1861a),
the Secretary shall establish a fee for the repayment of such loan
obligation which--
(1) shall be six-tenths (0.6) of one cent for each pound
round-weight of all pollock harvested from the directed fishing
allowance under section 206(b)(1); and
(2) shall begin with such pollock harvested on or after
January 1, 2000, and continue without interruption until such
loan obligation is fully repaid; and
(3) shall be collected in accordance with section
312(d)(2)(C) of the Magnuson-Stevens Act (16 U.S.C.
1861a(d)(2)(C)) and in accordance with such other conditions as
the Secretary establishes.
(c) Federal Appropriation.--Under the authority of section
312(c)(1)(B) of the Magnuson-Stevens Act (16 U.S.C. 1861a(c)(1)(B)),
there are authorized to be appropriated $20,000,000 for the payments
required under subsection (d).
(d) Payments.--Subject to the availability of appropriations for the
cost of the direct loan under subsection (a) and funds under subsection
(c), the Secretary shall pay by not later than December 31, 1998--
(1) up to $90,000,000 to the owner or owners of the catcher/
processors listed in paragraphs (1) through (9) of section 209,
in such manner as the owner or owners, with the concurrence of
the Secretary, agree, except that--
(A) the portion of such payment with respect to the
catcher/processor listed in paragraph (1) of section 209
shall be made only after the owner submits a written
certification acceptable to the Secretary that neither
the owner nor a purchaser from the owner intends to use
such catcher/processor outside of the exclusive economic
[[Page 112 STAT. 2681-623]]
zone of the United States to harvest any stock of fish
(as such term is defined in section 3 of the Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1802)) that occurs within the exclusive economic
zone of the United States; and
(B) the portion of such payment with respect to the
catcher/processors listed in paragraphs (2) through (9)
of section 209 shall be made only after the owner or
owners of such catcher/processors submit a written
certification acceptable to the Secretary that such
catcher/processors will be scrapped by December 31, 2000
and will not, before that date, be used to harvest or
process any fish; and
(2)(A) if a contract has been filed under section 210(a) by
the catcher/processors listed in section 208(e), $5,000,000 to
the owner or owners of the catcher/processors listed in
paragraphs (10) through (14) of such section in such manner as
the owner or owners, with the concurrence of the Secretary,
agree; or
(B) if such a contract has not been filed by such date,
$5,000,000 to the owners of the catcher vessels eligible under
section 208(b) and the catcher/processors eligible under
paragraphs (1) through (20) of section 208(e), divided based on
the amount of the harvest of pollock in the directed pollock
fishery by each such vessel in 1997 in such manner as the
Secretary deems appropriate,
except that any such payments shall be reduced by any obligation to the
federal government that has not been satisfied by such owner or owners
of any such vessels.
(e) Penalty.--If the catcher/processor under paragraph (1) of
section 209 is used outside of the exclusive economic zone of the United
States to harvest any stock of fish that occurs within the exclusive
economic zone of the United States while the owner who received the
payment under subsection (d)(1)(A) has an ownership interest in such
vessel, or if the catcher/processors listed in paragraphs (2) through
(9) of section 209 are determined by the Secretary not to have been
scrapped by December 31, 2000 or to have been used in a manner
inconsistent with subsection (d)(1)(B), the Secretary may suspend any or
all of the federal permits which allow any vessels owned in whole or in
part by the owner or owners who received payments under subsection
(d)(1) to harvest or process fish within the exclusive economic zone of
the United States until such time as the obligations of such owner or
owners under subsection (d)(1) have been fulfilled to the satisfaction
of the Secretary.
(f) Program Defined; Maturity.--For the purposes of section 1111 of
the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f), the fishing
capacity reduction program in this subtitle shall be within the meaning
of the term ``program'' as defined and used in such section.
Notwithstanding section 1111(b)(4) of such Act (46 U.S.C. App.
1279f(b)(4)), the debt obligation under subsection (a) of this section
may have a maturity not to exceed 30 years.
(g) <> Fishery Capacity Reduction Regulations.--
The Secretary of Commerce shall by not later than October 15, 1998
publish proposed regulations to implement subsections (b), (c), (d), and
(e) of section 312 of the Magnuson-Stevens Act (16 U.S.C. 1861a) and
sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46
U.S.C. App. 1279f and 1279g).
[[Page 112 STAT. 2681-624]]
SEC. 208. ELIGIBLE VESSELS AND PROCESSORS.
(a) <> Catcher Vessels Onshore.--Effective
January 1, 2000, only catcher vessels which are--
(1) determined by the Secretary--
(A) to have delivered at least 250 metric tons of
pollock; or
(B) to be less than 60 feet in length overall and to
have delivered at least 40 metric tons of pollock,
for processing by the inshore component in the directed pollock fishery
in any one of the years 1996 or 1997, or between January 1, 1998 and
September 1, 1998;
(2) eligible to harvest pollock in the directed pollock
fishery under the license limitation program recommended by the
North Pacific Council and approved by the Secretary; and
(3) not listed in subsection (b),
shall be eligible to harvest the directed fishing allowance under
section 206(b)(1) pursuant to a federal fishing permit.
(b) Catcher Vessels to Catcher/Processors.--Effective January 1,
1999, only the following catcher vessels shall be eligible to harvest
the directed fishing allowance under section 206(b)(2) pursuant to a
federal fishing permit:
(1) AMERICAN CHALLENGER (United States official number
615085);
(2) FORUM STAR (United States official number 925863);
(3) MUIR MILACH (United States official number 611524);
(4) NEAHKAHNIE (United States official number 599534);
(5) OCEAN HARVESTER (United States official number 549892);
(6) SEA STORM (United States official number 628959);
(7) TRACY ANNE (United States official number 904859); and
(8) any catcher vessel--
(A) determined by the Secretary to have delivered at
least 250 metric tons and at least 75 percent of the
pollock it harvested in the directed pollock fishery in
1997 to catcher/processors for processing by the
offshore component; and
(B) eligible to harvest pollock in the directed
pollock fishery under the license limitation program
recommended by the North Pacific Council and approved by
the Secretary.
(c) Catcher Vessels to Motherships.--Effective January 1, 2000, only
the following catcher vessels shall be eligible to harvest the directed
fishing allowance under section 206(b)(3) pursuant to a federal fishing
permit:
(1) ALEUTIAN CHALLENGER (United States official number
603820);
(2) ALYESKA (United States official number 560237);
(3) AMBER DAWN (United States official number 529425);
(4) AMERICAN BEAUTY (United States official number 613847);
(5) CALIFORNIA HORIZON (United States official number
590758);
(6) MAR-GUN (United States official number 525608);
(7) MARGARET LYN (United States official number 615563);
(8) MARK I (United States official number 509552);
(9) MISTY DAWN (United States official number 926647);
[[Page 112 STAT. 2681-625]]
(10) NORDIC FURY (United States official number 542651);
(11) OCEAN LEADER (United States official number 561518);
(12) OCEANIC (United States official number 602279);
(13) PACIFIC ALLIANCE (United States official number
612084);
(14) PACIFIC CHALLENGER (United States official number
518937);
(15) PACIFIC FURY (United States official number 561934);
(16) PAPADO II (United States official number 536161);
(17) TRAVELER (United States official number 929356);
(18) VESTERAALEN (United States official number 611642);
(19) WESTERN DAWN (United States official number 524423);
and
(20) any vessel--
(A) determined by the Secretary to have delivered at
least 250 metric tons of pollock for processing by
motherships in the offshore component of the directed
pollock fishery in any one of the years 1996 or 1997, or
between January 1, 1998 and September 1, 1998;
(B) eligible to harvest pollock in the directed
pollock fishery under the license limitation program
recommended by the North Pacific Council and approved by
the Secretary; and
(C) not listed in subsection (b).
(d) <> Motherships.--Effective January 1,
2000, only the following motherships shall be eligible to process the
directed fishing allowance under section 206(b)(3) pursuant to a federal
fishing permit:
(1) EXCELLENCE (United States official number 967502);
(2) GOLDEN ALASKA (United States official number 651041);
and
(3) OCEAN PHOENIX (United States official number 296779).
(e) Catcher/Processors.--Effective January 1, 1999, only the
following catcher/processors shall be eligible to harvest the directed
fishing allowance under section 206(b)(2) pursuant to a federal fishing
permit:
(1) AMERICAN DYNASTY (United States official number 951307);
(2) KATIE ANN (United States official number 518441);
(3) AMERICAN TRIUMPH (United States official number 646737);
(4) NORTHERN EAGLE (United States official number 506694);
(5) NORTHERN HAWK (United States official number 643771);
(6) NORTHERN JAEGER (United States official number 521069);
(7) OCEAN ROVER (United States official number 552100);
(8) ALASKA OCEAN (United States official number 637856);
(9) ENDURANCE (United States official number 592206);
[[Page 112 STAT. 2681-626]]
(10) AMERICAN ENTERPRISE (United States official number
594803);
(11) ISLAND ENTERPRISE (United States official number
610290);
(12) KODIAK ENTERPRISE (United States official number
579450);
(13) SEATTLE ENTERPRISE (United States official number
904767);
(14) US ENTERPRISE (United States official number 921112);
(15) ARCTIC STORM (United States official number 903511);
(16) ARCTIC FJORD (United States official number 940866);
(17) NORTHERN GLACIER (United States official number
663457);
(18) PACIFIC GLACIER (United States official number 933627);
(19) HIGHLAND LIGHT (United States official number 577044);
(20) STARBOUND (United States official number 944658); and
(21) any catcher/processor not listed in this subsection and
determined by the Secretary to have harvested more than 2,000
metric tons of the pollock in the 1997 directed pollock fishery
and determined to be eligible to harvest pollock in the directed
pollock fishery under the license limitation program recommended
by the North Pacific Council and approved by the Secretary,
except that catcher/processors eligible under this paragraph
shall be prohibited from harvesting in the aggregate a total of
more than one-half (0.5) of a percent of the pollock apportioned
for the directed pollock fishery under section 206(b)(2).
Notwithstanding section 213(a), failure to satisfy the requirements of
section 4(a) of the Commercial Fishing Industry Vessel Anti-Reflagging
Act of 1987 (Public Law 100-239; 46 U.S.C. 12108 note) shall not make a
catcher/processor listed under this subsection ineligible for a fishery
endorsement.
(f) <> Shoreside Processors.--(1) Effective
January 1, 2000 and except as provided in paragraph (2), the catcher
vessels eligible under subsection (a) may deliver pollock harvested from
the directed fishing allowance under section 206(b)(1) only to--
(A) shoreside processors (including vessels in a single
geographic location in Alaska State waters) determined by the
Secretary to have processed more than 2,000 metric tons round-
weight of pollock in the inshore component of the directed
pollock fishery during each of 1996 and 1997; and
(B) shoreside processors determined by the Secretary to have
processed pollock in the inshore component of the directed
pollock fishery in 1996 or 1997, but to have processed less than
2,000 metric tons round-weight of such pollock in each year,
except that effective January 1, 2000, each such shoreside
processor may not process more than 2,000 metric tons round-
weight from such directed fishing allowance in any year.
(2) Upon recommendation by the North Pacific Council, the Secretary
may approve measures to allow catcher vessels eligible under subsection
(a) to deliver pollock harvested from the directed
[[Page 112 STAT. 2681-627]]
fishing allowance under section 206(b)(1) to shoreside processors not
eligible under paragraph (1) if the total allowable catch for pollock in
the Bering Sea and Aleutian Islands Management Area increases by more
than 10 percent above the total allowable catch in such fishery in 1997,
or in the event of the actual total loss or constructive total loss of a
shoreside processor eligible under paragraph (1)(A).
(g) Replacement Vessels.--In the event of the actual total loss or
constructive total loss of a vessel eligible under subsections (a), (b),
(c), (d), or (e), the owner of such vessel may replace such vessel with
a vessel which shall be eligible in the same manner under that
subsection as the eligible vessel, provided that--
(1) such loss was caused by an act of God, an act of war, a
collision, an act or omission of a party other than the owner or
agent of the vessel, or any other event not caused by the
willful misconduct of the owner or agent;
(2) the replacement vessel was built in the United States
and if ever rebuilt, was rebuilt in the United States;
(3) the fishery endorsement for the replacement vessel is
issued within 36 months of the end of the last year in which the
eligible vessel harvested or processed pollock in the directed
pollock fishery;
(4) if the eligible vessel is greater than 165 feet in
registered length, of more than 750 gross registered tons, or
has engines capable of producing more than 3,000 shaft
horsepower, the replacement vessel is of the same or lesser
registered length, gross registered tons, and shaft horsepower;
(5) if the eligible vessel is less than 165 feet in
registered length, of fewer than 750 gross registered tons, and
has engines incapable of producing less than 3,000 shaft
horsepower, the replacement vessel is less than each of such
thresholds and does not exceed by more than 10 percent the
registered length, gross registered tons or shaft horsepower of
the eligible vessel; and
(6) the replacement vessel otherwise qualifies under federal
law for a fishery endorsement, including under section 12102(c)
of title 46, United States Code, as amended by this Act.
(h) Eligibility During Implementation.--In the event the Secretary
is unable to make a final determination about the eligibility of a
vessel under subsection (b)(8) or subsection (e)(21) before January 1,
1999, or a vessel or shoreside processor under subsection (a),
subsection (c)(21), or subsection (f) before January 1, 2000, such
vessel or shoreside processor, upon the filing of an application for
eligibility, shall be eligible to participate in the directed pollock
fishery pending final determination by the Secretary with respect to
such vessel or shoreside processor.
(i) Eligibility Not a Right.--Eligibility under this section shall
not be construed--
(1) to confer any right of compensation, monetary or
otherwise, to the owner of any catcher vessel, catcher/
processor, mothership, or shoreside processor if such
eligibility is revoked or limited in any way, including through
the revocation or limitation of a fishery endorsement or any
federal permit or license;
(2) to create any right, title, or interest in or to any
fish in any fishery; or
[[Page 112 STAT. 2681-628]]
(3) to waive any provision of law otherwise applicable to
such catcher vessel, catcher/processor, mothership, or shoreside
processor.
SEC. 209. <> LIST OF INELIGIBLE VESSELS.
Effective December 31, 1998, the following vessels shall be
permanently ineligible for fishery endorsements, and any claims
(including relating to catch history) associated with such vessels that
could qualify any owners of such vessels for any present or future
limited access system permit in any fishery within the exclusive
economic zone of the United States (including a vessel moratorium permit
or license limitation program permit in fisheries under the authority of
the North Pacific Council) are hereby extinguished:
(1) AMERICAN EMPRESS (United States official number 942347);
(2) PACIFIC SCOUT (United States official number 934772);
(3) PACIFIC EXPLORER (United States official number 942592);
(4) PACIFIC NAVIGATOR (United States official number
592204);
(5) VICTORIA ANN (United States official number 592207);
(6) ELIZABETH ANN (United States official number 534721);
(7) CHRISTINA ANN (United States official number 653045);
(8) REBECCA ANN (United States official number 592205); and
(9) BROWNS POINT (United States official number 587440).
SEC. 210. FISHERY COOPERATIVE LIMITATIONS.
(a) Public Notice.--(1) Any contract implementing a fishery
cooperative under section 1 of the Act of June 25, 1934 (15 U.S.C. 521)
in the directed pollock fishery and any material modifications to any
such contract shall be filed not less than 30 days prior to the start of
fishing under the contract with the North Pacific Council and with the
Secretary, together with a copy of a letter from a party to the contract
requesting a business review letter on the fishery cooperative from the
Department of Justice and any response to such request. Notwithstanding
section 402 of the Magnuson-Stevens Act (16 U.S.C. 1881a) or any other
provision of law, but taking into account the interest of parties to any
such contract in protecting the confidentiality of proprietary
information, the North Pacific Council and Secretary shall--
(A) make available to the public such information about the
contract, contract modifications, or fishery cooperative the
North Pacific Council and Secretary deem appropriate, which at a
minimum shall include a list of the parties to the contract, a
list of the vessels involved, and the amount of pollock and
other fish to be harvested by each party to such contract; and
(B) make available to the public in such manner as the North
Pacific Council and Secretary deem appropriate information about
the harvest by vessels under a fishery cooperative of all
species (including bycatch) in the directed pollock fishery on a
vessel-by-vessel basis.
[[Page 112 STAT. 2681-629]]
(b) Catcher Vessels Onshore.--
(1) <> Catcher vessel cooperatives.--
Effective January 1, 2000, upon the filing of a contract
implementing a fishery cooperative under subsection (a) which--
(A) is signed by the owners of 80 percent or more of
the qualified catcher vessels that delivered pollock for
processing by a shoreside processor in the directed
pollock fishery in the year prior to the year in which
the fishery cooperative will be in effect; and
(B) specifies, except as provided in paragraph (6),
that such catcher vessels will deliver pollock in the
directed pollock fishery only to such shoreside
processor during the year in which the fishery
cooperative will be in effect and that such shoreside
processor has agreed to process such pollock,
the Secretary shall allow only such catcher vessels (and catcher vessels
whose owners voluntarily participate pursuant to paragraph (2)) to
harvest the aggregate percentage of the directed fishing allowance under
section 206(b)(1) in the year in which the fishery cooperative will be
in effect that is equivalent to the aggregate total amount of pollock
harvested by such catcher vessels (and by such catcher vessels whose
owners voluntarily participate pursuant to paragraph (2)) in the
directed pollock fishery for processing by the inshore component during
1995, 1996, and 1997 relative to the aggregate total amount of pollock
harvested in the directed pollock fishery for processing by the inshore
component during such years and shall prevent such catcher vessels (and
catcher vessels whose owners voluntarily participate pursuant to
paragraph (2)) from harvesting in aggregate in excess of such percentage
of such directed fishing allowance.
(2) Voluntary participation.--Any contract implementing a
fishery cooperative under paragraph (1) must allow the owners of
other qualified catcher vessels to enter into such contract
after it is filed and before the calender year in which fishing
will begin under the same terms and conditions as the owners of
the qualified catcher vessels who entered into such contract
upon filing.
(3) Qualified catcher vessel.--For the purposes of this
subsection, a catcher vessel shall be considered a ``qualified
catcher vessel'' if, during the year prior to the year in which
the fishery cooperative will be in effect, it delivered more
pollock to the shoreside processor to which it will deliver
pollock under the fishery cooperative in paragraph (1) than to
any other shoreside processor.
(4) Consideration of certain vessels.--Any contract
implementing a fishery cooperative under paragraph (1) which has
been entered into by the owner of a qualified catcher vessel
eligible under section 208(a) that harvested pollock for
processing by catcher/processors or motherships in the directed
pollock fishery during 1995, 1996, and 1997 shall, to the extent
practicable, provide fair and equitable terms and conditions for
the owner of such qualified catcher vessel.
(5) Open access.--A catcher vessel eligible under section
208(a) the catch history of which has not been attributed to a
fishery cooperative under paragraph (1) may be used to deliver
pollock harvested by such vessel from the directed fishing
allowance under section 206(b)(1) (other than pollock
[[Page 112 STAT. 2681-630]]
reserved under paragraph (1) for a fishery cooperative) to any
of the shoreside processors eligible under section 208(f). A
catcher vessel eligible under section 208(a) the catch history
of which has been attributed to a fishery cooperative under
paragraph (1) during any calendar year may not harvest any
pollock apportioned under section 206(b)(1) in such calendar
year other than the pollock reserved under paragraph (1) for
such fishery cooperative.
(6) Transfer of cooperative harvest.--A contract
implementing a fishery cooperative under paragraph (1) may,
notwithstanding the other provisions of this subsection, provide
for up to 10 percent of the pollock harvested under such
cooperative to be processed by a shoreside processor eligible
under section 208(f) other than the shoreside processor to which
pollock will be delivered under paragraph (1).
(c) <> Catcher Vessels to Catcher/
Processors.--Effective January 1, 1999, not less than 8.5 percent of the
directed fishing allowance under section 206(b)(2) shall be available
for harvest only by the catcher vessels eligible under section 208(b).
The owners of such catcher vessels may participate in a fishery
cooperative with the owners of the catcher/processors eligible under
paragraphs (1) through (20) of the section 208(e). The owners of such
catcher vessels may participate in a fishery cooperative that will be in
effect during 1999 only if the contract implementing such cooperative
establishes penalties to prevent such vessels from exceeding in 1999 the
traditional levels harvested by such vessels in all other fisheries in
the exclusive economic zone of the United States.
(d) Catcher Vessels to Motherships.--
(1) <> Processing.--Effective January
1, 2000, the authority in section 1 of the Act of June 25, 1934
(48 Stat. 1213 and 1214; 15 U.S.C. 521 et seq.) shall extend to
processing by motherships eligible under section 208(d) solely
for the purposes of forming or participating in a fishery
cooperative in the directed pollock fishery upon the filing of a
contract to implement a fishery cooperative under subsection (a)
which has been entered into by the owners of 80 percent or more
of the catcher vessels eligible under section 208(c) for the
duration of such contract, provided that such owners agree to
the terms of the fishery cooperative involving processing by the
motherships.
(2) Voluntary participation.--Any contract implementing a
fishery cooperative described in paragraph (1) must allow the
owners of any other catcher vessels eligible under section
208(c) to enter such contract after it is filed and before the
calendar year in which fishing will begin under the same terms
and conditions as the owners of the catcher vessels who entered
into such contract upon filing.
(e) Excessive Shares.--
(1) Harvesting.--No particular individual, corporation, or
other entity may harvest, through a fishery cooperative or
otherwise, a total of more than 17.5 percent of the pollock
available to be harvested in the directed pollock fishery.
(2) Processing.--Under the authority of section 301(a)(4) of
the Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the North
Pacific Council is directed to recommend for approval by the
Secretary conservation and management measures to prevent any
particular individual or entity from processing an excessive
[[Page 112 STAT. 2681-631]]
share of the pollock available to be harvested in the directed
pollock fishery. In the event the North Pacific Council
recommends and the Secretary approves an excessive processing
share that is lower than 17.5 percent, any individual or entity
that previously processed a percentage greater than such share
shall be allowed to continue to process such percentage, except
that their percentage may not exceed 17.5 percent (excluding
pollock processed by catcher/processors that was harvested in
the directed pollock fishery by catcher vessels eligible under
208(b)) and shall be reduced if their percentage decreases,
until their percentage is below such share. In recommending the
excessive processing share, the North Pacific Council shall
consider the need of catcher vessels in the directed pollock
fishery to have competitive buyers for the pollock harvested by
such vessels.
(3) Review by maritime administration.--At the request of
the North Pacific Council or the Secretary, any individual or
entity believed by such Council or the Secretary to have
exceeded the percentage in either paragraph (1) or (2) shall
submit such information to the Administrator of the Maritime
Administration as the Administrator deems appropriate to allow
the Administrator to determine whether such individual or entity
has exceeded either such percentage. The Administrator shall
make a finding as soon as practicable upon such request and
shall submit such finding to the North Pacific Council and the
Secretary. For the purposes of this subsection, any entity in
which 10 percent or more of the interest is owned or controlled
by another individual or entity shall be considered to be the
same entity as the other individual or entity.
(f) Landing Tax Jurisdiction.--Any contract filed under subsection
(a) shall include a contract clause under which the parties to the
contract agree to make payments to the State of Alaska for any pollock
harvested in the directed pollock fishery which is not landed in the
State of Alaska, in amounts which would otherwise accrue had the pollock
been landed in the State of Alaska subject to any landing taxes
established under Alaska law. Failure to include such a contract clause
or for such amounts to be paid shall result in a revocation of the
authority to form fishery cooperatives under section 1 of the Act of
June 25, 1934 (15 U.S.C. 521 et seq.).
(g) Penalties.--The violation of any of the requirements of this
section or section 211 shall be considered the commission of an act
prohibited by section 307 of the Magnuson-Stevens Act (16 U.S.C. 1857).
In addition to the civil penalties and permit sanctions applicable to
prohibited acts under section 308 of such Act (16 U.S.C. 1858), any
person who is found by the Secretary, after notice and an opportunity
for a hearing in accordance with section 554 of title 5, United States
Code, to have violated a requirement of this section shall be subject to
the forfeiture to the Secretary of Commerce of any fish harvested or
processed during the commission of such act.
SEC. 211. PROTECTIONS FOR OTHER FISHERIES; CONSERVATION MEASURES.
(a) General.--The North Pacific Council shall recommend for approval
by the Secretary such conservation and management
[[Page 112 STAT. 2681-632]]
measures as it determines necessary to protect other fisheries under its
jurisdiction and the participants in those fisheries, including
processors, from adverse impacts caused by this Act or fishery
cooperatives in the directed pollock fishery.
(b) Catcher/Processor Restrictions.--
(1) General.--The <> restrictions in
this subsection shall take effect on January 1, 1999 and shall
remain in effect thereafter except that they may be superceded
(with the exception of paragraph (4)) by conservation and
management measures recommended after the date of the enactment
of this Act by the North Pacific Council and approved by the
Secretary in accordance with the Magnuson-Stevens Act.
(2) Bering sea fishing.--The catcher/processors eligible
under paragraphs (1) through (20) of section 208(e) are hereby
prohibited from, in the aggregate--
(A) exceeding the percentage of the harvest
available in the offshore component of any Bering Sea
and Aleutian Islands groundfish fishery (other than the
pollock fishery) that is equivalent to the total harvest
by such catcher/processors and the catcher/processors
listed in section 209 in the fishery in 1995, 1996, and
1997 relative to the total amount available to be
harvested by the offshore component in the fishery in
1995, 1996, and 1997;
(B) exceeding the percentage of the prohibited
species available in the offshore component of any
Bering Sea and Aleutian Islands groundfish fishery
(other than the pollock fishery) that is equivalent to
the total of the prohibited species harvested by such
catcher/processors and the catcher/processors listed in
section 209 in the fishery in 1995, 1996, and 1997
relative to the total amount of prohibited species
available to be harvested by the offshore component in
the fishery in 1995, 1996, and 1997; and
(C) fishing for Atka mackerel in the eastern area of
the Bering Sea and Aleutian Islands and from exceeding
the following percentages of the directed harvest
available in the Bering Sea and Aleutian Islands Atka
mackerel fishery--
(i) 11.5 percent in the central area; and
(ii) 20 percent in the western area.
(3) Bering sea processing.--The catcher/processors eligible
under paragraphs (1) through (20) of section 208(e) are hereby
prohibited from--
(A) processing any of the directed fishing
allowances under paragraphs (1) or (3) of section
206(b); and
(B) processing any species of crab harvested in the
Bering Sea and Aleutian Islands Management Area.
(4) Gulf of alaska.--The catcher/processors eligible under
paragraphs (1) through (20) of section 208(e) are hereby
prohibited from--
(A) harvesting any fish in the Gulf of Alaska;
(B) processing any groundfish harvested from the
portion of the exclusive economic zone off Alaska known
as area 630 under the fishery management plan for Gulf
of Alaska groundfish; or
(C) processing any pollock in the Gulf of Alaska
(other than as bycatch in non-pollock groundfish
fisheries) or processing, in the aggregate, a total of
more than 10 percent
[[Page 112 STAT. 2681-633]]
of the cod harvested from areas 610, 620, and 640 of the
Gulf of Alaska under the fishery management plan for
Gulf of Alaska groundfish.
(5) Fisheries other than north pacific.--The catcher/
processors eligible under paragraphs (1) through (20) of section
208(e) and motherships eligible under section 208(d) are hereby
prohibited from harvesting fish in any fishery under the
authority of any regional fishery management council established
under section 302(a) of the Magnuson-Stevens Act (16 U.S.C.
1852(a)) other than the North Pacific Council, except for the
Pacific whiting fishery, and from processing fish in any fishery
under the authority of any such regional fishery management
council other than the North Pacific Council, except in the
Pacific whiting fishery, unless the catcher/processor or
mothership is authorized to harvest or process fish under a
fishery management plan recommended by the regional fishery
management council of jurisdiction and approved by the
Secretary.
(6) Observers and scales.--The catcher/processors eligible
under paragraphs (1) through (20) of section 208(e) shall--
(A) have two observers onboard at all times while
groundfish is being harvested, processed, or received
from another vessel in any fishery under the authority
of the North Pacific Council; and
(B) weigh its catch on a scale onboard approved by
the National Marine Fisheries Service while harvesting
groundfish in fisheries under the authority of the North
Pacific Council.
This <> paragraph shall take effect on
January 1, 1999 for catcher/processors eligible under paragraphs
(1) through (20) of section 208(e) that will harvest pollock
allocated under section 206(a) in 1999, and shall take effect on
January 1, 2000 for all other catcher/processors eligible under
such paragraphs of section 208(e).
(c) Catcher Vessel and Shoreside Processor Restrictions.--
(1) Required council recommendations.--By not later than
July 1, 1999, the North Pacific Council shall recommend for
approval by the Secretary conservation and management measures
to--
(A) prevent the catcher vessels eligible under
subsections (a), (b), and (c) of section 208 from
exceeding in the aggregate the traditional harvest
levels of such vessels in other fisheries under the
authority of the North Pacific Council as a result of
fishery cooperatives in the directed pollock fishery;
and
(B) protect processors not eligible to participate
in the directed pollock fishery from adverse effects as
a result of this Act or fishery cooperatives in the
directed pollock fishery.
If the North Pacific Council does not recommend such
conservation and management measures by such date, or if the
Secretary determines that such conservation and management
measures recommended by the North Pacific Council are not
adequate to fulfill the purposes of this paragraph, the
Secretary may by regulation restrict or change the authority in
section
[[Page 112 STAT. 2681-634]]
210(b) to the extent the Secretary deems appropriate, including
by preventing fishery cooperatives from being formed pursuant to
such section and by providing greater flexibility with respect
to the shoreside processor or shoreside processors to which
catcher vessels in a fishery cooperative under section 210(b)
may deliver pollock.
(2) Bering sea crab and groundfish.--
(A) <> Effective January 1,
2000, the owners of the motherships eligible under
section 208(d) and the shoreside processors eligible
under section 208(f) that receive pollock from the
directed pollock fishery under a fishery cooperative are
hereby prohibited from processing, in the aggregate for
each calendar year, more than the percentage of the
total catch of each species of crab in directed
fisheries under the jurisdiction of the North Pacific
Council than facilities operated by such owners
processed of each such species in the aggregate, on
average, in 1995, 1996, 1997. For the purposes of this
subparagraph, the term ``facilities'' means any
processing plant, catcher/processor, mothership,
floating processor, or any other operation that
processes fish. Any entity in which 10 percent or more
of the interest is owned or controlled by another
individual or entity shall be considered to be the same
entity as the other individual or entity for the
purposes of this subparagraph.
(B) Under the authority of section 301(a)(4) of the
Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the North
Pacific Council is directed to recommend for approval by
the Secretary conservation and management measures to
prevent any particular individual or entity from
harvesting or processing an excessive share of crab or
of groundfish in fisheries in the Bering Sea and
Aleutian Islands Management Area.
(C) The catcher vessels eligible under section
208(b) are hereby prohibited from participating in a
directed fishery for any species of crab in the Bering
Sea and Aleutian Islands Management Area unless the
catcher vessel harvested crab in the directed fishery
for that species of crab in such Area during 1997 and is
eligible to harvest such crab in such directed fishery
under the license limitation program recommended by the
North Pacific Council and approved by the Secretary. The
North Pacific Council is directed to recommend measures
for approval by the Secretary to eliminate latent
licenses under such program, and nothing in this
subparagraph shall preclude the Council from
recommending measures more restrictive than under this
paragraph.
(3) Fisheries other than north pacific.--
(A) By not later than July 1, 2000, the Pacific
Fishery Management Council established under section
302(a)(1)(F) of the Magnuson-Stevens Act (16 U.S.C.
1852(a)(1)(F)) shall recommend for approval by the
Secretary conservation and management measures to
protect fisheries under its jurisdiction and the
participants in those fisheries from adverse impacts
caused by this Act or by any fishery cooperatives in the
directed pollock fishery.
(B) If the Pacific Council does not recommend such
conservation and management measures by such date, or
[[Page 112 STAT. 2681-635]]
if the Secretary determines that such conservation and
management measures recommended by the Pacific Council
are not adequate to fulfill the purposes of this
paragraph, the Secretary may by regulation implement
adequate measures including, but not limited to,
restrictions on vessels which harvest pollock under a
fishery cooperative which will prevent such vessels from
harvesting Pacific groundfish, and restrictions on the
number of processors eligible to process Pacific
groundfish.
(d) Bycatch Information.--Notwithstanding section 402 of the
Magnuson-Stevens Act (16 U.S.C. 1881a), the North Pacific Council may
recommend and the Secretary may approve, under such terms and conditions
as the North Pacific Council and Secretary deem appropriate, the public
disclosure of any information from the groundfish fisheries under the
authority of such Council that would be beneficial in the implementation
of section 301(a)(9) or section 303(a)(11) of the Magnuson-Stevens Act
(16 U.S.C. 1851(a)(9) and 1853(a)(11)).
(e) Community Development Loan Program.--Under the authority of
title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.),
and subject to the availability of appropriations, the Secretary is
authorized to provide direct loan obligations to communities eligible to
participate in the western Alaska community development quota program
established under 304(i) of the Magnuson-Stevens Act (16 U.S.C. 1855(i))
for the purposes of purchasing all or part of an ownership interest in
vessels and shoreside processors eligible under subsections (a), (b),
(c), (d), (e), or (f) of section 208. Notwithstanding the eligibility
criteria in section 208(a) and section 208(c), the LISA MARIE (United
States official number 1038717) shall be eligible under such sections in
the same manner as other vessels eligible under such sections.
SEC. 212. <> RESTRICTION ON FEDERAL LOANS.
Section 302(b) of the Fisheries Financing Act (46 U.S.C. 1274 note)
is amended--
(1) by inserting ``(1)'' before ``Until October 1, 2001'';
and
(2) by inserting at the end the following new paragraph:
``(2) No loans may be provided or guaranteed by the Federal
Government for the construction or rebuilding of a vessel
intended for use as a fishing vessel (as defined in section 2101
of title 46, United States Code), if such vessel will be greater
than 165 feet in registered length, of more than 750 gross
registered tons, or have an engine or engines capable of
producing a total of more than 3,000 shaft horsepower, after
such construction or rebuilding is completed. This prohibition
shall not apply to vessels to be used in the menhaden fishery or
in tuna purse seine fisheries outside the exclusive economic
zone of the United States or the area of the South Pacific
Regional Fisheries Treaty.''.
SEC. 213. DURATION.
(a) <> General.--Except as otherwise provided
in this title, the provisions of this title shall take effect upon the
date of the enactment of this Act. Sections 206, 208, and 210 shall
remain in <> effect until December 31, 2004,
and shall be repealed on such date, except that the North Pacific
Council may recommend and the Secretary may approve conservation and
management measures
[[Page 112 STAT. 2681-636]]
as part of a fishery management plan under the Magnuson-Stevens Act to
give effect to the measures in such sections thereafter.
(b) Existing Authority.--Except for the measures required by this
subtitle, nothing in this subtitle shall be construed to limit the
authority of the North Pacific Council or the Secretary under the
Magnuson-Stevens Act.
(c) Changes to Fishery Cooperative Limitations and Pollock CDQ
Allocation.--The North Pacific Council may recommend and the Secretary
may approve conservation and management measures in accordance with the
Magnuson-Stevens Act--
(1) that supersede the provisions of this title, except for
sections 206 and 208, for conservation purposes or to mitigate
adverse effects in fisheries or on owners of fewer than three
vessels in the directed pollock fishery caused by this title or
fishery cooperatives in the directed pollock fishery, provided
such measures take into account all factors affecting the
fisheries and are imposed fairly and equitably to the extent
practicable among and within the sectors in the directed pollock
fishery;
(2) that supersede the allocation in section 206(a) for any
of the years 2002, 2003, and 2004, upon the finding by such
Council that the western Alaska community development quota
program for pollock has been adversely affected by the
amendments in this title; or
(3) that supersede the criteria required in paragraph (1) of
section 210(b) to be used by the Secretary to set the percentage
allowed to be harvested by catcher vessels pursuant to a fishery
cooperative under such paragraph.
(d) Report to Congress.--Not later than October 1, 2000, the North
Pacific Council shall submit a report to the Secretary and to Congress
on the implementation and effects of this Act, including the effects on
fishery conservation and management, on bycatch levels, on fishing
communities, on business and employment practices of participants in any
fishery cooperatives, on the western Alaska community development quota
program, on any fisheries outside of the authority of the North Pacific
Council, and such other matters as the North Pacific Council deems
appropriate.
(e) Report on Fillet Production.--Not later than June 1, 2000, the
General Accounting Office shall submit a report to the North Pacific
Council, the Secretary, and the Congress on whether this Act has
negatively affected the market for fillets and fillet blocks, including
through the reduction in the supply of such fillets and fillet blocks.
If the report determines that such market has been negatively affected,
the North Pacific Council shall recommend measures for the Secretary's
approval to mitigate any negative effects.
(f) Severability.--If any provision of this title, an amendment made
by this title, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the remainder of
this title, the amendments made by this title, and the application of
the provisions of such to any person or circumstance shall not be
affected thereby.
(g) International Agreements.--In the event that any provision of
section 12102(c) or section 31322(a) of title 46, United States Code, as
amended by this Act, is determined to be inconsistent with an existing
international agreement relating to foreign investment to which the
United States is a party with respect
[[Page 112 STAT. 2681-637]]
to the owner or mortgagee on October 1, 2001 of a vessel with a fishery
endorsement, such provision shall not apply to that owner or mortgagee
with respect to such vessel to the extent of any such inconsistency. The
provisions of section 12102(c) and section 31322(a) of title 46, United
States Code, as amended by this Act, shall apply to all subsequent
owners and mortgagees of such vessel, and shall apply, notwithstanding
the preceding sentence, to the owner on October 1, 2001 of such vessel
if any ownership interest in that owner is transferred to or otherwise
acquired by a foreign individual or entity after such date.
TITLE III--DENALI <> COMMISSION
SEC. 301. SHORT TITLE.
This title may be cited as the ``Denali Commission Act of 1998''.
SEC. 302. PURPOSES.
The purposes of this title are as follows:
(1) To deliver the services of the Federal Government in the
most cost-effective manner practicable by reducing
administrative and overhead costs.
(2) To provide job training and other economic development
services in rural communities particularly distressed
communities (many of which have a rate of unemployment that
exceeds 50 percent).
(3) To promote rural development, provide power generation
and transmission facilities, modern communication systems, water
and sewer systems and other infrastructure needs.
SEC. 303. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known as
the Denali Commission (referred to in this title as the ``Commission'').
(b) <> Membership.--
(1) Composition.--The Commission shall be composed of 7
members, who shall be appointed by the Secretary of Commerce
(referred to in this title as the ``Secretary''), of whom--
(A) one shall be the Governor of the State of
Alaska, or an individual selected from nominations
submitted by the Governor, who shall serve as the State
Cochairperson;
(B) one shall be the President of the University of
Alaska, or an individual selected from nominations
submitted by the President of the University of Alaska;
(C) one shall be the President of the Alaska
Municipal League or an individual selected from
nominations submitted by the President of the Alaska
Municipal League;
(D) one shall be the President of the Alaska
Federation or Natives or an individual selected from
nominations submitted by the President of the Alaska
Federation or Natives;
(E) one shall be the Executive President of the
Alaska State AFL-CIO or an individual selected from
nominations submitted by the Executive President;
(F) one shall be the President of the Associated
General Contractors of Alaska or an individual selected
from nominations submitted by the President of the
Associated General Contractors of Alaska; and
[[Page 112 STAT. 2681-638]]
(G) one shall be the Federal Cochairperson, who
shall be selected in accordance with the requirements of
paragraph (2).
(2) Federal cochairperson.--
(A) In general.--The President pro temporare of the
Senate and the Speaker of the House of Representatives
shall each submit a list of nominations for the position
of the Federal Cochairperson under paragraph (1)(G),
including pertinent biographical information, to the
Secretary.
(B) Appointment.--The Secretary shall appoint the
Federal Cochairperson from among the list of nominations
submitted under subparagraph (A). The Federal
Cochairperson shall serve as an employee of the
Department of Commerce, and may be removed by the
Secretary for cause.
(C) Federal cochairperson vote.--The Federal
Cochairperson appointed under this paragraph shall break
any tie in the voting of the Commission.
(4) Date.--The appointments of the members of the Commission
shall be made no later than January 1, 1999.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Federal Cochairperson not less frequently than 2 times each
year, and may, as appropriate, conduct business by telephone or
other electronic means.
(2) Notification.--Not later than 2 weeks before calling a
meeting under this subsection, the Federal Cochairperson shall--
(A) notify each member of the Commission of the
time, date and location of that meeting; and
(B) provide each member of the Commission with a
written agenda for the meeting, including any proposals
for discussion and consideration, and any appropriate
background materials.
(e) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
SEC. 304. DUTIES OF THE COMMISSION.
(a) Work Plan.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act and annually thereafter, the Commission
shall develop a proposed work plan for Alaska that meets the
requirements of paragraph (2) and submit that plan to the
Federal Cochairperson for review in accordance with the
requirements of subsection (b).
(2) Work plan.--In developing the work plan, the Commission
shall--
(A) solicit project proposals from local governments
and other entities and organizations; and
(B) provide for a comprehensive work plan for rural
and infrastructure development and necessary job
training in the area covered under the work plan.
[[Page 112 STAT. 2681-639]]
(3) Report.--Upon completion of a work plan under this
subsection, the Commission shall prepare, and submit to the
Secretary, the Federal Cochairperson, and the Director of the
Office of Management and Budget, a report that outlines the work
plan and contains recommendations for funding priorities.
(b) Review by Federal Cochairperson.--
(1) <> In general.--
Upon receiving a work plan under this section, the Secretary,
acting through the Federal Cochairperson, shall publish the work
plan in the Federal Register, with notice and an opportunity for
public comment. The period for public review and comment shall
be the 30-day period beginning on the date of publication of
that notice.
(2) Criteria for review.--In conducting a review under
paragraph (1), the Secretary, acting through the Federal
Cochairperson, shall--
(A) take into consideration the information, views,
and comments received from interested parties through
the public review and comment process specified in
paragraph (1); and
(B) consult with appropriate Federal officials in
Alaska including but not limited to Bureau of Indian
Affairs, Economic Development Administration, and Rural
Development Administration.
(3) Approval.--Not later than 30 days after the end of the
period specified in paragraph (1), the Secretary acting through
the Federal Cochairperson, shall--
(A) approve, disapprove, or partially approve the
work plan that is the subject of the review; and
(B) issue to the Commission a notice of the
approval, disapproval, or partial approval that--
(i) specifies the reasons for disapproving any
portion of the work plan; and
(ii) if applicable, includes recommendations
for revisions to the work plan to make the plan
subject to approval.
(4) Review of disapproval or partial approval.--If the
Secretary, acting through the Federal Cochairperson, disapproves
or partially approves a work plan, the Federal Cochairperson
shall submit that work plan to the Commission for review and
revision.
SEC. 305. POWERS OF THE COMMISSION.
(a) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as it
considers necessary to carry out the provisions of this Act. Upon
request of the Federal Cochairperson of the Commission, the head of such
department or agency shall furnish such information to the Commission.
Agencies must provide the Commission with the requested information in a
timely manner. Agencies are not required to provide the Commission any
information that is exempt from disclosure by the Freedom of Information
Act. Agenices may, upon request by the Commission, make services and
personnel available to the Commission to carry out the duties of the
Commission. To the maximum extent practicable, the Commission shall
contract for completion of necesssary work utilizing local firms and
labor to minimize costs.
[[Page 112 STAT. 2681-640]]
(b) Postal Services.--The Commission may use the United States mails
in the same manner and under the same conditions as other departments
and agencies of the Federal Government.
(c) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 306. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during the time such member is engaged in the performance
of the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation that is in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Commission.
(c) Staff.--
(1) In general.--The Federal Cochairperson of the Commission
may, without regard to the civil service laws and regulations,
appoint such personnel as may be necessary to enable the
Commission to perform its duties.
(2) Compensation.--The Chairman of the Commission may fix
the compensation of personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions and
General Schedule pay rates.
(d) Detail of Government Employees.--Any Federal Government employee
may be detailed to the Commission without reimbursement, and such detail
shall be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--The Federal
Cochairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule under
section 5316 of such title.
(f) Offices.--The principal office of the Commission shall be
located in Alaska, at a location that the Commission shall select.
SEC. 307. SPECIAL FUNCTIONS.
(a) Rural Utilities.--In carrying out its functions under this
title, the Commission shall as appropriate, provide assistance, seek to
avoid duplicating services and assistance, and complement the water and
sewer wastewater programs under section 306D of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1926d) and section 303 of the Safe
Drinking Water Act Amendments of 1996 (33 U.S.C. 1263a).
(b) Bulk Fuels.--The Commission, in consultation with the Commandant
of the Coast Guard, shall develop a plan to provide
[[Page 112 STAT. 2681-641]]
for the repair or replacement of bulk fuel storage tanks in Alaska that
are not in compliance with applicable--
(1) Federal law, including the Oil Pollution Act of 1990
(104 Stat. 484); or
(2) State law.
SEC. 308. EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.
The Federal Advisory Committee Act shall not apply to the
Commission.
SEC. 309. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Commission to carry out the duties of the Commission consistent with the
purposes of this title and pursuant to the work plan approved under
section 4 under this Act, $20,000,000 for fiscal year 1999, and such
sums as may be necessary for fiscal years 2000, 2001, 2002, and 2003
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available until expended.
TITLE <> IV--AMERICAN COMPETITIVENESS AND WORKFORCE IMPROVEMENT ACT
SEC. 401. SHORT TITLE; TABLE OF CONTENTS; AMENDMENTS TO IMMIGRATION AND
NATIONALITY ACT.
(a) Short <> Title.--This title may be cited
as the ``American Competitiveness and Workforce Improvement Act of
1998''.
(b) Table of Contents.--The table of contents of this title is as
follows:
Sec. 401. Short title; table of contents; amendments to Immigration and
Nationality Act.
Subtitle A--Provisions Relating to H-1B Nonimmigrants
Sec. 411. Temporary increase in access to temporary skilled personnel
under H-1B program.
Sec. 412. Protection against displacement of United States workers in
case of H-1B-dependent employers.
Sec. 413. Changes in enforcement and penalties.
Sec. 414. Collection and use of H-1B nonimmigrant fees for scholarships
for low-income math, engineering, and computer science
students and job training of United States workers.
Sec. 415. Computation of prevailing wage level.
Sec. 416. Improving count of H-1B and H-2B nonimmigrants.
Sec. 417. Report on older workers in the information technology field.
Sec. 418. Report on high technology labor market needs; reports on
economic impact of increase in H-1B nonimmigrants.
Subtitle B--Special Immigrant Status for Certain NATO Civilian Employees
Sec. 421. Special immigrant status for certain NATO civilian employees.
Subtitle C--Miscellaneous Provision
Sec. 431. Academic honoraria.
(c) Amendments to Immigration and Nationality Act.--Except as
otherwise specifically provided in this title, whenever in this title an
amendment is expressed in terms of an amendment to a section or other
provision, the reference shall be considered to be made to that section
or other provision of the Immigration and Nationality Act (8 U.S.C. 1101
et seq.).
[[Page 112 STAT. 2681-642]]
Subtitle A--Provisions Relating to H-1B Nonimmigrants
SEC. 411. TEMPORARY INCREASE IN ACCESS TO TEMPORARY SKILLED PERSONNEL
UNDER H-1B PROGRAM.
(a) Temporary Increase in Skilled Nonimmigrant Workers.--Paragraph
(1)(A) of section 214(g) (8 U.S.C. 1184(g)) is amended to read as
follows:
``(A) under section 101(a)(15)(H)(i)(b), may not exceed--
``(i) 65,000 in each fiscal year before fiscal year
1999;
``(ii) 115,000 in fiscal year 1999;
``(iii) 115,000 in fiscal year 2000;
``(iv) 107,500 in fiscal year 2001; and
``(v) 65,000 in each succeeding fiscal year; or''.
<> (b) Effective Dates.--The amendment made
by subsection (a) applies beginning with fiscal year 1999.
SEC. 412. PROTECTION AGAINST DISPLACEMENT OF UNITED STATES WORKERS IN
CASE OF H-1B-DEPENDENT EMPLOYERS.
(a) Protection Against Layoff and Requirement for Prior Recruitment
of United States Workers.--
(1) Additional statements on application.--Section 212(n)(1)
(8 U.S.C. 1182(n)(1)) is amended by inserting after subparagraph
(D) the following:
``(E)(i) In the case of an application described in clause
(ii), the employer did not displace and will not displace a
United States worker (as defined in paragraph (4)) employed by
the employer within the period beginning 90 days before and
ending 90 days after the date of filing of any visa petition
supported by the application.
``(ii) An application described in this clause is an
application filed on or after the date final regulations are
first promulgated to carry out this subparagraph, and before
October 1, 2001, by an H-1B-dependent employer (as defined in
paragraph (3)) or by an employer that has been found, on or
after the date of the enactment of the American Competitiveness
and Workforce Improvement Act of 1998, under paragraph (2)(C) or
(5) to have committed a willful failure or misrepresentation
during the 5-year period preceding the filing of the
application. An application is not described in this clause if
the only H-1B nonimmigrants sought in the application are exempt
H-1B nonimmigrants.
``(F) In the case of an application described in
subparagraph (E)(ii), the employer will not place the
nonimmigrant with another employer (regardless of whether or not
such other employer is an H-1B-dependent employer) where--
``(i) the nonimmigrant performs duties in whole or
in part at one or more worksites owned, operated, or
controlled by such other employer; and
``(ii) there are indicia of an employment
relationship between the nonimmigrant and such other
employer;
unless the employer has inquired of the other employer as to
whether, and has no knowledge that, within the period beginning
90 days before and ending 90 days after the date of the
placement of the nonimmigrant with the other employer, the other
employer has displaced or intends to displace a United States
worker employed by the other employer.
[[Page 112 STAT. 2681-643]]
``(G)(i) In the case of an application described in
subparagraph (E)(ii), subject to clause (ii), the employer,
prior to filing the application--
``(I) has taken good faith steps to recruit, in the
United States using procedures that meet industry-wide
standards and offering compensation that is at least as
great as that required to be offered to H-1B
nonimmigrants under subparagraph (A), United States
workers for the job for which the nonimmigrant or
nonimmigrants is or are sought; and
``(II) has offered the job to any United States
worker who applies and is equally or better qualified
for the job for which the nonimmigrant or nonimmigrants
is or are sought.
``(ii) The conditions described in clause (i) shall not
apply to an application filed with respect to the employment of
an H-1B nonimmigrant who is described in subparagraph (A), (B),
or (C) of section 203(b)(1).''.
(2) Notice on application of potential liability of placing
employers.--Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended
by adding at the end the following: ``The application form shall
include a clear statement explaining the liability under
subparagraph (F) of a placing employer if the other employer
described in such subparagraph displaces a United States worker
as described in such subparagraph.''.
(3) Construction.--Section 212(n)(1) (8 U.S.C. 1182(n)(1))
is further amended by adding at the end the following: ``Nothing
in subparagraph (G) shall be construed to prohibit an employer
from using legitimate selection criteria relevant to the job
that are normal or customary to the type of job involved, so
long as such criteria are not applied in a discriminatory
manner.''.
(b) H-1B-Dependent Employer and Other Definitions.--
(1) In general.--Section 212(n) (8 U.S.C. 1182(n)) is
amended by adding at the end the following:
``(3)(A) For purposes of this subsection, the term `H-1B-dependent
employer' means an employer that--
``(i)(I) has 25 or fewer full-time equivalent employees who
are employed in the United States; and (II) employs more than 7
H-1B nonimmigrants;
``(ii)(I) has at least 26 but not more than 50 full-time
equivalent employees who are employed in the United States; and
(II) employs more than 12 H-1B nonimmigrants; or
``(iii)(I) has at least 51 full-time equivalent employees
who are employed in the United States; and (II) employs H-1B
nonimmigrants in a number that is equal to at least 15 percent
of the number of such full-time equivalent employees.
``(B) For purposes of this subsection--
``(i) the term `exempt H-1B nonimmigrant' means an H-1B
nonimmigrant who--
``(I) receives wages (including cash bonuses and
similar compensation) at an annual rate equal to at
least $60,000; or
``(II) has attained a master's or higher degree (or
its equivalent) in a specialty related to the intended
employment; and
[[Page 112 STAT. 2681-644]]
``(ii) the term `nonexempt H-1B nonimmigrant' means an H-1B
nonimmigrant who is not an exempt H-1B nonimmigrant.
``(C) For purposes of subparagraph (A)--
``(i) in computing the number of full-time equivalent
employees and the number of H-1B nonimmigrants, exempt H-1B
nonimmigrants shall not be taken into account during the longer
of--
``(I) the 6-month period beginning on the date of
the enactment of the American Competitiveness and
Workforce Improvement Act of 1998; or
``(II) the period beginning on the date of the
enactment of the American Competitiveness and Workforce
Improvement Act of 1998 and ending on the date final
regulations are issued to carry out this paragraph; and
``(ii) any group treated as a single employer under
subsection (b), (c), (m), or (o) of section 414 of the Internal
Revenue Code of 1986 shall be treated as a single employer.
``(4) For purposes of this subsection:
``(A) The term `area of employment' means the area within
normal commuting distance of the worksite or physical location
where the work of the H-1B nonimmigrant is or will be performed.
If such worksite or location is within a Metropolitan
Statistical Area, any place within such area is deemed to be
within the area of employment.
``(B) In the case of an application with respect to one or
more H-1B nonimmigrants by an employer, the employer is
considered to `displace' a United States worker from a job if
the employer lays off the worker from a job that is essentially
the equivalent of the job for which the nonimmigrant or
nonimmigrants is or are sought. A job shall not be considered to
be essentially equivalent of another job unless it involves
essentially the same responsibilities, was held by a United
States worker with substantially equivalent qualifications and
experience, and is located in the same area of employment as the
other job.
``(C) The term `H-1B nonimmigrant' means an alien admitted
or provided status as a nonimmigrant described in section
101(a)(15)(H)(i)(b).
``(D)(i) The term `lays off', with respect to a worker--
``(I) means to cause the worker's loss of
employment, other than through a discharge for
inadequate performance, violation of workplace rules,
cause, voluntary departure, voluntary retirement, or the
expiration of a grant or contract (other than a
temporary employment contract entered into in order to
evade a condition described in subparagraph (E) or (F)
of paragraph (1)); but
``(II) does not include any situation in which the
worker is offered, as an alternative to such loss of
employment, a similar employment opportunity with the
same employer (or, in the case of a placement of a
worker with another employer under paragraph (1)(F),
with either employer described in such paragraph) at
equivalent or higher compensation and benefits than the
position from which the employee was discharged,
regardless of whether or not the employee accepts the
offer.
[[Page 112 STAT. 2681-645]]
``(ii) Nothing in this subparagraph is intended to limit an
employee's rights under a collective bargaining agreement or
other employment contract.
``(E) The term `United States worker' means an employee
who--
``(i) is a citizen or national of the United States;
or
``(ii) is an alien who is lawfully admitted for
permanent residence, is admitted as a refugee under
section 207, is granted asylum under section 208, or is
an immigrant otherwise authorized, by this Act or by the
Attorney General, to be employed.''.
(2) Conforming amendments.--Section 212(n)(1) (8 U.S.C.
1182(n)(1)) is amended by striking ``a nonimmigrant described in
section 101(a)(15)(H)(i)(b)'' each place it appears and
inserting ``an H-1B nonimmigrant''.
(c) Improved Posting of Notice of Application.--Section
212(n)(1)(C)(ii) (8 U.S.C. 1182(n)(1)(C)(ii)) is amended to read as
follows:
``(ii) if there is no such bargaining
representative, has provided notice of filing in the
occupational classification through such methods as
physical posting in conspicuous locations at the place
of employment or electronic notification to employees in
the occupational classification for which H-1B
nonimmigrants are sought.''.
<> (d) Effective Dates.--The amendments
made by subsection (a) apply to applications filed under section
212(n)(1) of the Immigration and Nationality Act on or after the date
final regulations are issued to carry out such amendments, and the
amendments made by subsections (b) and (c) take effect on the date of
the enactment of this Act.
<> (e) Reduction of Period for Public
Comment.--In first promulgating regulations to implement the amendments
made by this section in a timely manner, the Secretary of Labor and the
Attorney General may reduce to not less than 30 days the period of
public comment on proposed regulations.
SEC. 413. CHANGES IN ENFORCEMENT AND PENALTIES.
(a) Increased Enforcement and Penalties.--Section 212(n)(2)(C) (8
U.S.C. 1182(n)(2)(C)) is amended to read as follows:
``(C)(i) If the Secretary finds, after notice and opportunity for a
hearing, a failure to meet a condition of paragraph (1)(B), (1)(E), or
(1)(F), a substantial failure to meet a condition of paragraph (1)(C),
(1)(D), or (1)(G)(i)(I), or a misrepresentation of material fact in an
application--
``(I) <> the Secretary shall notify the
Attorney General of such finding and may, in addition, impose
such other administrative remedies (including civil monetary
penalties in an amount not to exceed $1,000 per violation) as
the Secretary determines to be appropriate; and
``(II) the Attorney General shall not approve petitions
filed with respect to that employer under section 204 or 214(c)
during a period of at least 1 year for aliens to be employed by
the employer.
``(ii) If the Secretary finds, after notice and opportunity for a
hearing, a willful failure to meet a condition of paragraph (1), a
willful misrepresentation of material fact in an application, or a
violation of clause (iv)--
[[Page 112 STAT. 2681-646]]
``(I) the <> Secretary shall notify the
Attorney General of such finding and may, in addition, impose
such other administrative remedies (including civil monetary
penalties in an amount not to exceed $5,000 per violation) as
the Secretary determines to be appropriate; and
``(II) the Attorney General shall not approve petitions
filed with respect to that employer under section 204 or 214(c)
during a period of at least 2 years for aliens to be employed by
the employer.
``(iii) If the Secretary finds, after notice and opportunity for a
hearing, a willful failure to meet a condition of paragraph (1) or a
willful misrepresentation of material fact in an application, in the
course of which failure or misrepresentation the employer displaced a
United States worker employed by the employer within the period
beginning 90 days before and ending 90 days after the date of filing of
any visa petition supported by the application--
``(I) <> the Secretary shall notify the
Attorney General of such finding and may, in addition, impose
such other administrative remedies (including civil monetary
penalties in an amount not to exceed $35,000 per violation) as
the Secretary determines to be appropriate; and
``(II) the Attorney General shall not approve petitions
filed with respect to that employer under section 204 or 214(c)
during a period of at least 3 years for aliens to be employed by
the employer.
``(iv) It is a violation of this clause for an employer who has
filed an application under this subsection to intimidate, threaten,
restrain, coerce, blacklist, discharge, or in any other manner
discriminate against an employee (which term, for purposes of this
clause, includes a former employee and an applicant for employment)
because the employee has disclosed information to the employer, or to
any other person, that the employee reasonably believes evidences a
violation of this subsection, or any rule or regulation pertaining to
this subsection, or because the employee cooperates or seeks to
cooperate in an investigation or other proceeding concerning the
employer's compliance with the requirements of this subsection or any
rule or regulation pertaining to this subsection.
``(v) The Secretary of Labor and the Attorney General shall devise a
process under which an H-1B nonimmigrant who files a complaint regarding
a violation of clause (iv) and is otherwise eligible to remain and work
in the United States may be allowed to seek other appropriate employment
in the United States for a period not to exceed the maximum period of
stay authorized for such nonimmigrant classification.
``(vi)(I) It is a violation of this clause for an employer who has
filed an application under this subsection to require an H-1B
nonimmigrant to pay a penalty for ceasing employment with the employer
prior to a date agreed to by the nonimmigrant and the employer. The
Secretary shall determine whether a required payment is a penalty (and
not liquidated damages) pursuant to relevant State law.
``(II) It is a violation of this clause for an employer who has
filed an application under this subsection to require an alien who is
the subject of a petition filed under section 214(c)(1), for which a fee
is imposed under section 214(c)(9), to reimburse, or otherwise
compensate, the employer for part or all of the cost of such fee.
[[Page 112 STAT. 2681-647]]
It is a violation of this clause for such an employer otherwise to
accept such reimbursement or compensation from such an alien.
``(III) If the Secretary finds, after notice and opportunity for a
hearing, that an employer has committed a violation of this clause, the
Secretary may impose a civil monetary penalty of $1,000 for each such
violation and issue an administrative order requiring the return to the
nonimmigrant of any amount paid in violation of this clause, or, if the
nonimmigrant cannot be located, requiring payment of any such amount to
the general fund of the Treasury.
``(vii)(I) It is a failure to meet a condition of paragraph (1)(A)
for an employer, who has filed an application under this subsection and
who places an H-1B nonimmigrant designated as a full-time employee on
the petition filed under section 214(c)(1) by the employer with respect
to the nonimmigrant, after the nonimmigrant has entered into employment
with the employer, in nonproductive status due to a decision by the
employer (based on factors such as lack of work), or due to the
nonimmigrant's lack of a permit or license, to fail to pay the
nonimmigrant full-time wages in accordance with paragraph (1)(A) for all
such nonproductive time.
``(II) It is a failure to meet a condition of paragraph (1)(A) for
an employer, who has filed an application under this subsection and who
places an H-1B nonimmigrant designated as a part-time employee on the
petition filed under section 214(c)(1) by the employer with respect to
the nonimmigrant, after the nonimmigrant has entered into employment
with the employer, in nonproductive status under circumstances described
in subclause (I), to fail to pay such a nonimmigrant for such hours as
are designated on such petition consistent with the rate of pay
identified on such petition.
``(III) In the case of an H-1B nonimmigrant who has not yet entered
into employment with an employer who has had approved an application
under this subsection, and a petition under section 214(c)(1), with
respect to the nonimmigrant, the provisions of subclauses (I) and (II)
shall apply to the employer beginning 30 days after the date the
nonimmigrant first is admitted into the United States pursuant to the
petition, or 60 days after the date the nonimmigrant becomes eligible to
work for the employer (in the case of a nonimmigrant who is present in
the United States on the date of the approval of the petition).
``(IV) This clause does not apply to a failure to pay wages to an H-
1B nonimmigrant for nonproductive time due to non-work-related factors,
such as the voluntary request of the nonimmigrant for an absence or
circumstances rendering the nonimmigrant unable to work.
``(V) This clause shall not be construed as prohibiting an employer
that is a school or other educational institution from applying to an H-
1B nonimmigrant an established salary practice of the employer, under
which the employer pays to H-1B nonimmigrants and United States workers
in the same occupational classification an annual salary in
disbursements over fewer than 12 months, if--
``(aa) the nonimmigrant agrees to the compressed annual
salary payments prior to the commencement of the employment; and
``(bb) the application of the salary practice to the
nonimmigrant does not otherwise cause the nonimmigrant to
[[Page 112 STAT. 2681-648]]
violate any condition of the nonimmigrant's authorization under
this Act to remain in the United States.
``(VI) This clause shall not be construed as superseding clause
(viii).
``(viii) It is a failure to meet a condition of paragraph (1)(A) for
an employer who has filed an application under this subsection to fail
to offer to an H-1B nonimmigrant, during the nonimmigrant's period of
authorized employment, benefits and eligibility for benefits (including
the opportunity to participate in health, life, disability, and other
insurance plans; the opportunity to participate in retirement and
savings plans; and cash bonuses and noncash compensation, such as stock
options (whether or not based on performance)) on the same basis, and in
accordance with the same criteria, as the employer offers to United
States workers.''.
(b) Use of Arbitration Process for Disputes Involving Qualifications
of United States Workers Not Hired.--
(1) In general.--Section 212(n) (8 U.S.C. 1182(n)), as
amended by section 412(b), is further amended by adding at the
end the following:
``(5)(A) <> This paragraph shall apply instead
of subparagraphs (A) through (E) of paragraph (2) in the case of a
violation described in subparagraph (B), but shall not be construed to
limit or affect the authority of the Secretary or the Attorney General
with respect to any other violation.
``(B) <> The Attorney General shall establish
a process for the receipt, initial review, and disposition in accordance
with this paragraph of complaints respecting an employer's failure to
meet the condition of paragraph (1)(G)(i)(II) or a petitioner's
misrepresentation of material facts with respect to such condition.
Complaints may be filed by an aggrieved individual who has submitted a
resume or otherwise applied in a reasonable manner for the job that is
the subject of the condition. No proceeding shall be conducted under
this paragraph on a complaint concerning such a failure or
misrepresentation unless the Attorney General determines that the
complaint was filed not later than 12 months after the date of the
failure or misrepresentation, respectively.
``(C) If the Attorney General finds that a complaint has been filed
in accordance with subparagraph (B) and there is reasonable cause to
believe that such a failure or misrepresentation described in such
complaint has occurred, the Attorney General shall initiate binding
arbitration proceedings by requesting the Federal Mediation and
Conciliation Service to appoint an arbitrator from the roster of
arbitrators maintained by such Service. The procedure and rules of such
Service shall be applicable to the selection of such arbitrator and to
such arbitration proceedings. The Attorney General shall pay the fee and
expenses of the arbitrator.
``(D)(i) The arbitrator shall make findings respecting whether a
failure or misrepresentation described in subparagraph (B) occurred. If
the arbitrator concludes that failure or misrepresentation was willful,
the arbitrator shall make a finding to that effect. The arbitrator may
not find such a failure or misrepresentation (or that such a failure or
misrepresentation was willful) unless the complainant demonstrates such
a failure or misrepresentation (or its willful character) by clear and
convincing evidence. The arbitrator shall transmit the findings in the
form of a written opinion to the parties to the arbitration and the
Attorney General. Such findings shall be final and conclusive, and,
except as provided
[[Page 112 STAT. 2681-649]]
in this subparagraph, no official or court of the United States shall
have power or jurisdiction to review any such findings.
``(ii) The Attorney General may review and reverse or modify the
findings of an arbitrator only on the same bases as an award of an
arbitrator may be vacated or modified under section 10 or 11 of title 9,
United States Code.
``(iii) With respect to the findings of an arbitrator, a court may
review only the actions of the Attorney General under clause (ii) and
may set aside such actions only on the grounds described in subparagraph
(A), (B), or (C) of section 706(a)(2) of title 5, United States Code.
Notwithstanding any other provision of law, such judicial review may
only be brought in an appropriate United States court of appeals.
``(E) If the Attorney General receives a finding of an arbitrator
under this paragraph that an employer has failed to meet the condition
of paragraph (1)(G)(i)(II) or has misrepresented a material fact with
respect to such condition, unless the Attorney General reverses or
modifies the finding under subparagraph (D)(ii)--
``(i) the Attorney General may impose administrative
remedies (including civil monetary penalties in an amount not to
exceed $1,000 per violation or $5,000 per violation in the case
of a willful failure or misrepresentation) as the Attorney
General determines to be appropriate; and
``(ii) the Attorney General is authorized to not approve
petitions filed, with respect to that employer and for aliens to
be employed by the employer, under section 204 or 214(c)--
``(I) during a period of not more than 1 year; or
``(II) in the case of a willful failure or willful
misrepresentation, during a period of not more than 2
years.
``(F) The Attorney General shall not delegate, to any other employee
or official of the Department of Justice, any function of the Attorney
General under this paragraph, until 60 days after the Attorney General
has submitted a plan for such delegation to the Committees on the
Judiciary of the United States House of Representatives and the
Senate.''.
(2) Conforming amendment.--The first sentence of section
212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amended by striking
``The Secretary'' and inserting ``Subject to paragraph (5)(A),
the Secretary''.
(c) Liability of Petitioning Employer in Case of Placement of H-1B
Nonimmigrant With Another Employer.--Section 212(n)(2) (8 U.S.C.
1182(n)(2)) is amended by adding at the end the following:
``(E) If an H-1B-dependent employer places a nonexempt H-1B
nonimmigrant with another employer as provided under paragraph (1)(F)
and the other employer has displaced or displaces a United States worker
employed by such other employer during the period described in such
paragraph, such displacement shall be considered for purposes of this
paragraph a failure, by the placing employer, to meet a condition
specified in an application submitted under paragraph (1); except that
the Attorney General may impose a sanction described in subclause (II)
of subparagraph (C)(i), (C)(ii), or (C)(iii) only if the Secretary of
Labor found that such placing employer--
``(i) knew or had reason to know of such displacement at the
time of the placement of the nonimmigrant with the other
employer; or
[[Page 112 STAT. 2681-650]]
``(ii) has been subject to a sanction under this
subparagraph based upon a previous placement of an H-1B
nonimmigrant with the same other employer.''.
(d) Spot Investigations During Probationary Period.--Section
212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by subsection (c), is
further amended by adding at the end the following:
``(F) The Secretary may, on a case-by-case basis, subject an
employer to random investigations for a period of up to 5 years,
beginning on the date (on or after the date of the enactment of the
American Competitiveness and Workforce Improvement Act of 1998) on which
the employer is found by the Secretary to have committed a willful
failure to meet a condition of paragraph (1) (or has been found under
paragraph (5) to have committed a willful failure to meet the condition
of paragraph (1)(G)(i)(II)) or to have made a willful misrepresentation
of material fact in an application. The preceding sentence shall apply
to an employer regardless of whether or not the employer is an H-1B-
dependent employer. The authority of the Secretary under this
subparagraph shall not be construed to be subject to, or limited by, the
requirements of subparagraph (A).''.
(e) Additional Investigative Authority.--
(1) In general.--Section 212(n)(2) (8 U.S.C. 1182(n)(2)),
as amended by subsection (d), is further amended by adding at
the end the following:
``(G)(i) If the Secretary receives specific credible information
from a source, who is likely to have knowledge of an employer's
practices or employment conditions, or an employer's compliance with the
employer's labor condition application under paragraph (1), and whose
identity is known to the Secretary, and such information provides
reasonable cause to believe that the employer has committed a willful
failure to meet a condition of paragraph (1)(A), (1)(B), (1)(E), (1)(F),
or (1)(G)(i)(I), has engaged in a pattern or practice of failures to
meet such a condition, or has committed a substantial failure to meet
such a condition that affects multiple employees, the Secretary may
conduct a 30-day investigation into the alleged failure or
failures. <> The Secretary (or the Acting
Secretary in the case of the Secretary's absence or disability) shall
personally certify that the requirements for conducting such an
investigation have been met and shall approve commencement of the
investigation. The Secretary may withhold the identity of the source
from the employer, and the source's identity shall not be subject to
disclosure under section 552 of title 5, United States Code.
``(ii) The Secretary shall establish a procedure for any person,
desiring to provide to the Secretary information described in clause (i)
that may be used, in whole or in part, as the basis for commencement of
an investigation described in such clause, to provide the information in
writing on a form developed and provided by the Secretary and completed
by or on behalf of the person. The person may not be an officer or
employee of the Department of Labor, unless the information satisfies
the requirement of clause (iii)(II) (although an officer or employee of
the Department of Labor may complete the form on behalf of the person).
``(iii) Any investigation initiated or approved by the Secretary
under clause (i) shall be based on information that satisfies the
requirements of such clause and that (I) originates from a source other
than an officer or employee of the Department of Labor,
[[Page 112 STAT. 2681-651]]
or (II) was lawfully obtained by the Secretary of Labor in the course of
lawfully conducting another Department of Labor investigation under this
Act or any other Act.
``(iv) The receipt by the Secretary of information submitted by an
employer to the Attorney General or the Secretary for purposes of
securing the employment of an H-1B nonimmigrant shall not be considered
a receipt of information for purposes of clause (i).
``(v) No investigation described in clause (i) (or hearing described
in clause (vii)) may be conducted with respect to information about a
failure to meet a condition described in clause (i), unless the
Secretary receives the information not later than 12 months after the
date of the alleged failure.
``(vi) <> The Secretary shall provide notice to an
employer with respect to whom the Secretary has received information
described in clause (i), prior to the commencement of an investigation
under such clause, of the receipt of the information and of the
potential for an investigation. The notice shall be provided in such a
manner, and shall contain sufficient detail, to permit the employer to
respond to the allegations before an investigation is commenced. The
Secretary is not required to comply with this clause if the Secretary
determines that to do so would interfere with an effort by the Secretary
to secure compliance by the employer with the requirements of this
subsection. There shall be no judicial review of a determination by the
Secretary under this clause.
``(vii) <> If the Secretary determines under this
subparagraph that a reasonable basis exists to make a finding that a
failure described in clause (i) has occurred, the Secretary shall
provide for notice of such determination to the interested parties and
an opportunity for a hearing, in accordance with section 556 of title 5,
United States Code, within 60 days after the date of the determination.
If such a hearing is requested, the Secretary shall make a finding
concerning the matter by not later than 60 days after the date of the
hearing.''.
<> (2) Sunset.--The amendment made
by paragraph (1) shall cease to be effective on September 30,
2001.
(f) Construction.--Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as
amended by subsection (e), is further amended by adding at the end the
following:
``(H) Nothing in this subsection shall be construed as superseding
or preempting any other enforcement-related authority under this Act
(such as the authorities under section 274B), or any other Act.''.
SEC. 414. COLLECTION AND USE OF H-1B NONIMMIGRANT FEES FOR SCHOLARSHIPS
FOR LOW-INCOME MATH, ENGINEERING, AND COMPUTER SCIENCE
STUDENTS AND JOB TRAINING OF UNITED STATES WORKERS.
(a) Imposition of Fee.--Section 214(c) (8 U.S.C. 1184(c)) is amended
by adding at the end the following:
``(9)(A) The Attorney General shall impose a fee on an employer
(excluding an employer described in subparagraph (A) or (B) of section
212(p)(1)) filing (on or after December 1, 1998, and before October 1,
2001) a petition under paragraph (1)--
``(i) initially to grant an alien nonimmigrant status
described in section 101(a)(15)(H)(i)(b);
[[Page 112 STAT. 2681-652]]
``(ii) to extend the stay of an alien having such status
(unless the employer previously has obtained an extension for
such alien); or
``(iii) to obtain authorization for an alien having such
status to change employers.
``(B) The amount of the fee shall be $500 for each such petition.
``(C) Fees collected under this paragraph shall be deposited in the
Treasury in accordance with section 286(s).''.
(b) Establishment of Account; Use of Fees.--Section 286 (8 U.S.C.
1356) is amended by adding at the end the following:
``(s) H-1B Nonimmigrant Petitioner Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as the
`H-1B Nonimmigrant Petitioner Account'. Notwithstanding any
other section of this title, there shall be deposited as
offsetting receipts into the account all fees collected under
section 214(c)(9).
``(2) Use of fees for job training.--56.3 percent of amounts
deposited into the H-1B Nonimmigrant Petitioner Account shall
remain available to the Secretary of Labor until expended for
demonstration programs and projects described in section 414(c)
of the American Competitiveness and Workforce Improvement Act of
1998.
``(3) Use of fees for low-income scholarship program.--28.2
percent of the amounts deposited into the H-1B Nonimmigrant
Petitioner Account shall remain available to the Director of the
National Science Foundation until expended for scholarships
described in section 414(d) of the American Competitiveness and
Workforce Improvement Act of 1998 for low-income students
enrolled in a program of study leading to a degree in
mathematics, engineering, or computer science.
``(4) Additional nsf uses.--
``(A) Grants for mathematics, engineering, or
science enrichment courses.--4 percent of the amounts
deposited into the H-1B Nonimmigrant Petitioner Account
shall remain available to the Director of the National
Science Foundation until expended to make merit-reviewed
grants, under section 3(a)(1) of the National Science
Foundation Act of 1950 (42 U.S.C. 1862(a)(1)), for
programs that provide opportunities for enrollment in
year-round academic enrichment courses in mathematics,
engineering, or science.
``(B) Systemic reform activities.--4 percent of the
amounts deposited into the H-1B Nonimmigrant Petitioner
Account shall remain available to the Director of the
National Science Foundation until expended to carry out
systemic reform activities administered by the National
Science Foundation under section 3(a)(1) of the National
Science Foundation Act of 1950 (42 U.S.C. 1862(a)(1)).
``(5) Use of fees for duties relating to petitions.--1.5
percent of the amounts deposited into the H-1B Nonimmigrant
Petitioner Account shall remain available to the Attorney
General until expended to carry out duties under paragraphs (1)
and (9) of section 214(c) related to petitions made for
nonimmigrants described in section 101(a)(15)(H)(i)(b), to
decrease the processing time for such petitions, and to carry
[[Page 112 STAT. 2681-653]]
out duties under section 416 of the American Competitiveness and
Workforce Improvement Act of 1998. Such amounts shall be
available in addition to any other fees authorized to be
collected by the Attorney General with respect to such
petitions.
``(6) Use of fees for application processing and
enforcement.--For fiscal year 1999, 6 percent of the amounts
deposited into the H-1B Nonimmigrant Petitioner Account shall
remain available to the Secretary of Labor until expended for
decreasing the processing time for applications under section
212(n)(1) and for carrying out section 212(n)(2). Beginning with
fiscal year 2000, 3 percent of the amounts deposited into the H-
1B Nonimmigrant Petitioner Account shall remain available to the
Secretary of Labor until expended for decreasing the processing
time for applications under section 212(n)(1), and 3 percent of
such amounts shall remain available to such Secretary until
expended for carrying out section 212(n)(2). Notwithstanding the
preceding sentence, both of the amounts made available for any
fiscal year (beginning with fiscal year 2000) pursuant to the
preceding sentence shall be available to such Secretary, and
shall remain available until expended, only for decreasing the
processing time for applications under section 212(n)(1) until
the Secretary submits to the Congress a report containing a
certification that, during the most recently concluded calendar
year, the Secretary substantially complied with the requirement
in section 212(n)(1) relating to the provision of the
certification described in section 101(a)(15)(H)(i)(b) within a
7-day period.''.
<> (c) Demonstration Programs and Projects
To Provide Technical Skills Training for Workers.--
(1) In general.--In establishing demonstration programs
under section 452(c) of the Job Training Partnership Act (29
U.S.C. 1732(c)), as in effect on the date of the enactment of
this Act, or demonstration programs or projects under section
171(b) of the Workforce Investment Act of 1998, the Secretary of
Labor shall use funds available under section 286(s)(2) to
establish demonstration programs or projects to provide
technical skills training for workers, including both employed
and unemployed workers.
(2) Grants.--The Secretary of Labor shall award grants to
carry out the programs and projects described in paragraph (1)
to--
(A)(i) private industry councils established under
section 102 of the Job Training Partnership Act (29
U.S.C. 1512), as in effect on the date of the enactment
of this Act; or
(ii) local boards that will carry out such programs
or projects through one-stop delivery systems
established under section 121 of the Workforce
Investment Act of 1998; or
(B) regional consortia of councils or local boards
described in subparagraph (A).
<> (d) Low-Income Scholarship Program.--
(1) Establishment.--The Director of the National Science
Foundation (referred to in this subsection as the ``Director'')
shall award scholarships to low-income individuals to enable
such individuals to pursue associate, undergraduate, or
[[Page 112 STAT. 2681-654]]
graduate level degrees in mathematics, engineering, or computer
science.
(2) Eligibility.--
(A) In general.--To be eligible to receive a
scholarship under this subsection, an individual--
(i) must be a citizen of the United States, a
national of the United States (as defined in
section 101(a) of the Immigration and Nationality
Act), an alien admitted as a refugee under section
207 of the Immigration and Nationality, or an
alien lawfully admitted to the United States for
permanent residence;
(ii) shall prepare and submit to the Director
an application at such time, in such manner, and
containing such information as the Director may
require; and
(iii) shall certify to the Director that the
individual intends to use amounts received under
the scholarship to enroll or continue enrollment
at an institution of higher education (as defined
in section 101(a) of the Higher Education Act of
1965) in order to pursue an associate,
undergraduate, or graduate level degree in
mathematics, engineering, or computer science.
(B) Ability.--Awards of scholarships under this
subsection shall be made by the Director solely on the
basis of the ability of the applicant, except that in
any case in which 2 or more applicants for scholarships
are deemed by the Director to be possessed of
substantially equal ability, and there are not
sufficient scholarships available to grant one to each
of such applicants, the available scholarship or
scholarships shall be awarded to the applicants in a
manner that will tend to result in a geographically wide
distribution throughout the United States of recipients'
places of permanent residence.
(3) Limitation.--The amount of a scholarship awarded under
this subsection shall be determined by the Director, except that
the Director shall not award a scholarship in an amount
exceeding $2,500 per year.
(4) Funding.--The Director shall carry out this subsection
only with funds made available under section 286(s)(3) of the
Immigration and Nationality Act.
SEC. 415. COMPUTATION OF PREVAILING WAGE LEVEL.
(a) In General.--Section 212 (8 U.S.C. 1182) is amended by adding at
the end the following:
``(p)(1) In computing the prevailing wage level for an occupational
classification in an area of employment for purposes of subsections
(n)(1)(A)(i)(II) and (a)(5)(A) in the case of an employee of--
``(A) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965), or a
related or affiliated nonprofit entity; or
``(B) a nonprofit research organization or a Governmental
research organization,
the prevailing wage level shall only take into account employees at such
institutions and organizations in the area of employment.
``(2) With respect to a professional athlete (as defined in
subsection (a)(5)(A)(iii)(II)) when the job opportunity is covered by
professional sports league rules or regulations, the wage set forth
[[Page 112 STAT. 2681-655]]
in those rules or regulations shall be considered as not adversely
affecting the wages of United States workers similarly employed and be
considered the prevailing wage.''.
<> (b) Effective Date.--The amendment made
by subsection (a) applies to prevailing wage computations made--
(1) for applications filed on or after the date of the
enactment of this Act; and
(2) for applications filed before such date, but only to the
extent that the computation is subject to an administrative or
judicial determination that is not final as of such date.
SEC. 416. <> IMPROVING COUNT OF H-1B AND H-2B
NONIMMIGRANTS.
(a) Ensuring Accurate Count.--The Attorney General shall take such
steps as are necessary to maintain an accurate count of the number of
aliens subject to the numerical limitations of section 214(g)(1) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)(1)) who are issued
visas or otherwise provided nonimmigrant status.
(b) Revision of Petition Forms.--The Attorney General shall take
such steps as are necessary to revise the forms used for petitions for
visas or nonimmigrant status under clause (i)(b) or (ii)(b) of section
101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)) so as to ensure that the forms provide the Attorney
General with sufficient information to permit the Attorney General
accurately to count the number of aliens subject to the numerical
limitations of section 214(g)(1) of such Act (8 U.S.C. 1184(g)(1)) who
are issued visas or otherwise provided nonimmigrant status.
(c) Provision of Information.--
(1) Quarterly notification.--Beginning not later than 60
days after the first day of fiscal year 1999, the Attorney
General shall notify, on a quarterly basis, the Committees on
the Judiciary of the United States House of Representatives and
the Senate of the numbers of aliens who were issued visas or
otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act
during the preceding 3-month period.
(2) Annual submission.--Beginning with fiscal year 2000, the
Attorney General shall submit on an annual basis, to the
Committees on the Judiciary of the United States House of
Representatives and the Senate, information on the countries of
origin and occupations of, educational levels attained by, and
compensation paid to, aliens who were issued visas or otherwise
provided nonimmigrant status under section 101(a)(15)(H)(i)(b)
of the Immigration and Nationality Act during the previous
fiscal year. With respect to the first submission under this
paragraph, the information shall relate solely to aliens
provided nonimmigrant status after the date that is 60 days
after the date on which final regulations are issued to carry
out section 412(a).
(3) Specification of number of petitions filed by certain
employers.--Each notification under paragraph (1), and each
submission under paragraph (2), shall include the number of
aliens who were issued visas or otherwise provided nonimmigrant
status pursuant to petitions filed by institutions or
organizations described in section 212(p)(1) of the Immigration
and Nationality Act (as added by section 415 of this title).
[[Page 112 STAT. 2681-656]]
SEC. 417. <> REPORT ON OLDER WORKERS IN THE
INFORMATION TECHNOLOGY FIELD.
<> (a) Study.--The Director of the National
Science Foundation shall enter into a contract with the President of the
National Academy of Sciences to conduct a study, using the best
available data, assessing the status of older workers in the information
technology field. The study shall consider the following:
(1) The existence and extent of age discrimination in the
information technology workplace.
(2) The extent to which there is a difference, based on age,
in--
(A) promotion and advancement;
(B) working hours;
(C) telecommuting;
(D) salary; and
(E) stock options, bonuses, and other benefits.
(3) The relationship between rates of advancement,
promotion, and compensation to experience, skill level,
education, and age.
(4) Differences in skill level on the basis of age.
(b) Report.--Not later than October 1, 2000, the Director of the
National Science Foundation shall submit to the Committees on the
Judiciary of the United States House of Representatives and the Senate a
report containing the results of the study described in subsection (a).
SEC. 418. <> REPORT ON HIGH TECHNOLOGY LABOR
MARKET NEEDS; REPORTS ON ECONOMIC IMPACT OF INCREASE IN H-1B
NONIMMIGRANTS.
(a) National Science Foundation Study and Report.--
(1) In general.--The Director of the National Science
Foundation shall conduct a study to assess labor market needs
for workers with high technology skills during the next 10
years. The study shall investigate and analyze the following:
(A) Future training and education needs of companies
in the high technology and information technology
sectors and future training and education needs of
United States students to ensure that students' skills
at various levels are matched to the needs in such
sectors.
(B) An analysis of progress made by educators,
employers, and government entities to improve the
teaching and educational level of American students in
the fields of math, science, computer science, and
engineering since 1998.
(C) An analysis of the number of United States
workers currently or projected to work overseas in
professional, technical, and managerial capacities.
(D) The relative achievement rates of United States
and foreign students in secondary schools in a variety
of subjects, including math, science, computer science,
English, and history.
(E) The relative performance, by subject area, of
United States and foreign students in postsecondary and
graduate schools as compared to secondary schools.
(F) The needs of the high technology sector for
foreign workers with specific skills and the potential
benefits and costs to United States employers, workers,
consumers,
[[Page 112 STAT. 2681-657]]
postsecondary educational institutions, and the United
States economy, from the entry of skilled foreign
professionals in the fields of science and engineering.
(G) The needs of the high technology sector to adapt
products and services for export to particular local
markets in foreign countries.
(H) An examination of the amount and trend of moving
the production or performance of products and services
now occurring in the United States abroad.
(2) Report.--Not later than October 1, 2000, the Director of
the National Science Foundation shall submit to the Committees
on the Judiciary of the United States House of Representatives
and the Senate a report containing the results of the study
described in paragraph (1).
(3) Involvement.--The study under paragraph (1) shall be
conducted in a manner that ensures the participation of
individuals representing a variety of points of view.
<> (b) Reporting on Studies Showing
Economic Impact of H-1B Nonimmigrant Increase.--The Chairman of the
Board of Governors of the Federal Reserve System, the Director of the
Office of Management and Budget, the Chair of the Council of Economic
Advisers, the Secretary of the Treasury, the Secretary of Commerce, the
Secretary of Labor, and any other member of the Cabinet, shall promptly
report to the Congress the results of any reliable study that suggests,
based on legitimate economic analysis, that the increase effected by
section 411(a) of this title in the number of aliens who may be issued
visas or otherwise provided nonimmigrant status under section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act has had an
impact on any national economic indicator, such as the level of
inflation or unemployment, that warrants action by the Congress.
Subtitle B--Special Immigrant Status for Certain NATO Civilian Employees
SEC. 421. SPECIAL IMMIGRANT STATUS FOR CERTAIN NATO CIVILIAN EMPLOYEES.
(a) In General.--Section 101(a)(27) (8 U.S.C. 1101(a)(27)) is
amended--
(1) by striking ``or'' at the end of subparagraph (J);
(2) by striking the period at the end of subparagraph (K)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(L) an immigrant who would be described in clause (i),
(ii), (iii), or (iv) of subparagraph (I) if any reference in
such a clause--
``(i) to an international organization described in
paragraph (15)(G)(i) were treated as a reference to the
North Atlantic Treaty Organization (NATO);
``(ii) to a nonimmigrant under paragraph (15)(G)(iv)
were treated as a reference to a nonimmigrant
classifiable under NATO-6 (as a member of a civilian
component accompanying a force entering in accordance
with the provisions of the NATO Status-of-Forces
Agreement, a member of a civilian component attached to
or employed by an Allied Headquarters under the
`Protocol on the Status of
[[Page 112 STAT. 2681-658]]
International Military Headquarters' set up pursuant to
the North Atlantic Treaty, or as a dependent); and
``(iii) to the Immigration Technical Corrections Act
of 1988 or to the Immigration and Nationality Technical
Corrections Act of 1994 were a reference to the American
Competitiveness and Workforce Improvement Act of
1998.''.
(b) Conforming Nonimmigrant Status for Certain Parents of Special
Immigrant Children.--Section 101(a)(15)(N) (8 U.S.C. 1101(a)(15)(N)) is
amended--
(1) by inserting ``(or under analogous authority under
paragraph (27)(L))'' after ``(27)(I)(i)''; and
(2) by inserting ``(or under analogous authority under
paragraph (27)(L))'' after ``(27)(I)''.
Subtitle C--Miscellaneous Provision
SEC. 431. ACADEMIC HONORARIA.
(a) In General.--Section 212 (8 U.S.C. 1182), as amended by section
415, is further amended by adding at the end the following:
``(q) Any alien admitted under section 101(a)(15)(B) may accept an
honorarium payment and associated incidental expenses for a usual
academic activity or activities (lasting not longer than 9 days at any
single institution), as defined by the Attorney General in consultation
with the Secretary of Education, if such payment is offered by an
institution or organization described in subsection (p)(1) and is made
for services conducted for the benefit of that institution or entity and
if the alien has not accepted such payment or expenses from more than 5
institutions or organizations in the previous 6-month period.''.
<> (b) Effective Date.--The amendment made
by subsection (a) shall apply to activities occurring on or after the
date of the enactment of this Act.
TITLE V--SALTON SEA FEASIBILITY STUDY
(a) In General.--No later than January 1, 2000, the Secretary of the
Interior, in accordance with this section, shall complete all
feasibility studies and cost analyses for the options set forth in
subsection (b)(2)(A) necessary for Congress to fully evaluate such
options.
(b) Feasibility Study.--
(1) In general.--
(A) The Secretary shall complete all studies,
including, but not limited to environmental and other
reviews, of the feasibility and benefit-cost of various
options that permit the continued use of the Salton Sea
as a reservoir for irrigation drainage and (1) reduce
and stabilize the overall salinity of the Salton Sea,
(2) stabilize the surface elevation of the Salton Sea,
(3) reclaim, in the long term, healthy fish and wildlife
resources and their habitats, and (4) enhance the
potential for recreational uses and economic development
of the Salton Sea.
(B) Based solely on whatever information is
available at the time of submission of the report, the
Secretary shall (1) identify any options he deems
economically feasible and cost effective, (2) identify
any additional
[[Page 112 STAT. 2681-659]]
information necessary to develop construction
specifications, and (3) submit any recommendations,
along with the results of the study to the Committees no
later than January 1, 2000.
(i) The Secretary shall carry out the
feasibility study in accordance with a memorandum
of understanding entered into by the Secretary,
the Salton Sea Authority, and the Governor of
California.
(ii) The memorandum of understanding shall, at
a minimum, establish criteria for evaluation and
selection of options under subparagraph (2)(A),
including criteria for determining benefits and
the magnitude and practicability of costs of
construction, operation, and maintenance of each
option evaluated.
(2) Options to be considered.--Options considered in the
feasibility study--
(A) shall consist of, but need not be limited to--
(i) use of impoundments to segregate a portion
of the waters of the Salton Sea in one or more
evaporation ponds located in the Salton Sea basin;
(ii) pumping water out of the Salton Sea;
(iii) augmented flows of water into the Salton
Sea;
(iv) a combination of the options referred to
in clauses (i), (ii), and (iii); and
(v) any other economically feasible
remediation option the Secretary considers
appropriate and for which feasibility analyses and
cost estimates can be completed by January 1,
2000;
(B) shall be limited to proven technologies; and
(C) shall not include any option that--
(i) relies on the importation of any new or
additional water from the Colorado River; or
(ii) is inconsistent with the provisions of
subsection (c).
(3) Assumptions.--In evaluating options, the Secretary shall
apply assumptions regarding water inflows into the Salton Sea
Basin that encourage water conservation, account for transfers
of water out of the Salton Sea Basin, and are based on a maximum
likely reduction in inflows into the Salton Sea Basin which
could be 800,000 acre-feet or less per year.
(4) Consideration of costs.--In evaluating the feasibility
of options, the Secretary shall consider the ability of Federal,
tribal, State and local government sources and private sources
to fund capital construction costs and annual operation,
maintenance, energy, and replacement costs and shall set forth
the basis for any cost sharing allocations as well as
anticipated repayment, if any, of federal contributions.
(c) Relationship to Other Law.--
(1) Reclamation laws.--Activities authorized by this title
shall not be subject to the Act of June 17, 1902 (32 Stat. 388;
43 U.S.C. 391 et seq.), and Acts amendatory thereof and
supplemental thereto. Amounts expended for those activities
shall be considered nonreimbursable for purposes of those laws
and shall not be considered to be a supplemental or additional
benefit for purposes of the Reclamation Reform Act of 1982 (96
Stat. 1263; 43 U.S.C. 390aa et seq.).
[[Page 112 STAT. 2681-660]]
(2) Preservation of rights and obligations with respect to
the colorado river.--This Act shall not be considered to
supersede or otherwise affect any treaty, law, decree, contract,
or agreement governing use of water from the Colorado River. All
activities taken under this Act must be carried out in a manner
consistent with rights and obligations of persons under those
treaties, laws, decrees, contracts, and agreements.
TITLE VI--CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND STATE
OF SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION
SEC. 601. DEFINITIONS.
In this title, the following definitions apply:
(1) Restoration.--The term ``restoration'' means mitigation
of the habitat of wildlife.
(2) Terrestrial wildlife habitat.--The term ``terrestrial
wildlife habitat'' means a habitat for a wildlife species
(including game and nongame species) that existed or exists on
an upland habitat (including a prairie grassland, woodland,
bottom land forest, scrub, or shrub) or an emergent wetland
habitat.
(3) Wildlife.--The term ``wildlife'' has the meaning given
the term in section 8 of the Fish and Wildlife Coordination Act
(16 U.S.C. 666b).
SEC. 602. TERRESTRIAL WILDLIFE HABITAT RESTORATION.
(a) Terrestrial Wildlife Habitat Restoration Plans.--
(1) In general.--In accordance with this subsection and in
consultation with the Secretary and the Secretary of the
Interior, the State of South Dakota, the Cheyenne River Sioux
Tribe, and the Lower Brule Sioux Tribe shall, as a condition of
the receipt of funds under this title, each develop a plan for
the restoration of terrestrial wildlife habitat loss that
occurred as a result of flooding related to the Big Bend and
Oahe projects carried out as part of the Pick-Sloan Missouri
River Basin program.
(2) Submission of plan to secretary.--On completion of a
plan for terrestrial wildlife habitat restoration, the State of
South Dakota, the Cheyenne River Sioux Tribe, and the Lower
Brule Sioux Tribe shall submit the plan to the Secretary.
(3) Review by secretary and submission to committees.--The
Secretary shall review the plan and submit the plan, with any
comments, to the appropriate committees of the Senate and the
House of Representatives.
(4) Funding for carrying out plans.--
(A) State of south dakota.--
(i) Notification.--On receipt of the plan for
terrestrial wildlife habitat restoration submitted
by the State of South Dakota, each of the
Committees referred to in paragraph (3) shall
notify the Secretary of the Treasury of the
receipt of the plan.
(ii) Availability of funds.--On notification
in accordance with clause (i), the Secretary of
the Treasury shall make available to the State of
South Dakota funds from the South Dakota
Terrestrial Wildlife Habitat Restoration Trust
Fund established under section
[[Page 112 STAT. 2681-661]]
803, to be used to carry out the plan for
terrestrial wildlife habitat restoration submitted
by the State and only after the Trust Fund is
fully capitalized.
(B) Cheyenne river sioux tribe and lower brule sioux
tribe.--
(i) Notification.--On receipt of the plan for
terrestrial wildlife habitat restoration submitted
by the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe, each of the Committees referred
to in paragraph (3) shall notify the Secretary of
the Treasury of the receipt of each of the plans.
(ii) Availability of funds.--On notification
in accordance with clause (i), the Secretary of
the Treasury shall make available to the Cheyenne
River Sioux Tribe and the Lower Brule Sioux Tribe
funds from the Cheyenne River Sioux Tribe
Terrestrial Wildlife Habitat Restoration Trust
Fund and the Lower Brule Sioux Tribe Terrestrial
Wildlife Habitat Restoration Trust Fund,
respectively, established under section 804, to be
used to carry out the plan for terrestrial
wildlife habitat restoration submitted by the
Cheyenne River Sioux Tribe and the Lower Brule
Sioux Tribe, respectively, and only after the
Trust Fund is fully capitalized.
(C) Transition period.--
(i) In general.--During the period described
in clause (ii), the Secretary shall--
(I) fund the terrestrial wildlife
habitat restoration programs being
carried out on the date of enactment of
this Act on Oahe and Big Bend project
land and the plans established under
this section at a level that does not
exceed the highest amount of funding
that was provided for the programs
during a previous fiscal year; and
(II) fund the activities described
in sections 803(d)(3) and 804(d)(3).
(ii) Period.--Clause (i) shall apply during
the period--
(I) beginning on the date of
enactment of this Act; and
(II) ending on the date on which
funds are made available for use from
the South Dakota Terrestrial Wildlife
Habitat Restoration Trust Fund under
section 803(d)(3)(A)(i) and the Cheyenne
River Sioux Tribe Terrestrial Wildlife
Habitat Restoration Trust Fund and the
Lower Brule Sioux Tribe Terrestrial
Wildlife Habitat Restoration Trust Fund
under section 804(d)(3)(A)(i).
(b) Programs for the Purchase of Wildlife Habitat Leases.--
(1) In general.--The State of South Dakota may use funds
made available under section 803(d)(3)(A)(iii) to develop a
program for the purchase of wildlife habitat leases that meets
the requirements of this subsection.
(2) Development of a plan.--
(A) In general.--If the State of South Dakota, the
Cheyenne River Sioux Tribe, or the Lower Brule Sioux
[[Page 112 STAT. 2681-662]]
Tribe elects to conduct a program under this subsection,
the State of South Dakota, the Cheyenne River Sioux
Tribe, or the Lower Brule Sioux Tribe (in consultation
with the United States Fish and Wildlife Service and the
Secretary and with an opportunity for public comment)
shall develop a plan to lease land for the protection
and development of wildlife habitat, including habitat
for threatened and endangered species, associated with
the Missouri River ecosystem.
(B) Use for program.--The plan shall be used by the
State of South Dakota, the Cheyenne River Sioux Tribe,
or the Lower Brule Sioux Tribe in carrying out the
program carried out under paragraph (1).
(3) Conditions of leases.--Each lease covered under a
program carried out under paragraph (1) shall specify that the
owner of the property that is subject to the lease shall
provide--
(A) public access for sportsmen during hunting
season; and
(B) public access for other outdoor uses covered
under the lease, as negotiated by the landowner and the
State of South Dakota, the Cheyenne River Sioux Tribe,
or the Lower Brule Sioux Tribe.
(4) Use of assistance.--
(A) State of south dakota.--If the State of South
Dakota conducts a program under this subsection, the
State may use funds made available under section
803(d)(3)(A)(iii) to--
(i) acquire easements, rights-of-way, or
leases for management and protection of wildlife
habitat, including habitat for threatened and
endangered species, and public access to wildlife
on private property in the State of South Dakota;
(ii) create public access to Federal or State
land through the purchase of easements or rights-
of-way that traverse such private property; or
(iii) lease land for the creation or
restoration of a wetland on such private property.
(B) Cheyenne river sioux tribe and lower brule sioux
tribe.--If the Cheyenne River Sioux Tribe or the Lower
Brule Sioux Tribe conducts a program under this
subsection, the Tribe may use funds made available under
section 804(d)(3)(A)(iii) for the purposes described in
subparagraph (A).
(c) Federal Obligation for Terrestrial Wildlife Habitat Mitigation
for the Big Bend and Oahe Projects in South Dakota.--The establishment
of the trust funds under sections 803 and 804 and the development and
implementation of plans for terrestrial wildlife habitat restoration
developed by the State of South Dakota, the Cheyenne River Sioux Tribe,
and the Lower Brule Sioux Tribe in accordance with this section shall be
considered to satisfy the Federal obligation under the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.) for terrestrial wildlife
habitat mitigation for the State of South Dakota, the Cheyenne River
Sioux Tribe, and the Lower Brule Sioux Tribe for the Big Bend and Oahe
projects carried out as part of the Pick-Sloan Missouri River Basin
program.
[[Page 112 STAT. 2681-663]]
SEC. 603. SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION TRUST
FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``South Dakota Terrestrial
Wildlife Habitat Restoration Trust Fund'' (referred to in this section
as the ``Fund'').
(b) Funding.--For the fiscal year during which this Act is enacted
and each fiscal year thereafter until the aggregate amount deposited in
the Fund under this subsection is equal to at least $108,000,000, the
Secretary of the Treasury shall deposit $10,000,000 in the Fund.
(c) Investments.--The Secretary of the Treasury shall invest the
amounts deposited under subsection (b) only in interest-bearing
obligations of the United States or in obligations guaranteed by the
United States as to both principal and interest.
(d) Payments.--
(1) In general.--All amounts credited as interest under
subsection (c) shall be available, without fiscal year
limitation, to the State of South Dakota for use in accordance
with paragraph (3) after the Fund has been fully capitalized.
(2) Withdrawal and transfer of funds.--Subject to section
802(a)(4)(A), the Secretary of the Treasury shall withdraw
amounts credited as interest under paragraph (1) and transfer
the amounts to the State of South Dakota for use as State funds
in accordance with paragraph (3) after the Fund has been fully
capitalized.
(3) Use of transferred funds.--
(A) In general.--Subject to subparagraph (B), the
State of South Dakota shall use the amounts transferred
under paragraph (2) only to--
(i) fully fund the annually scheduled work
described in the terrestrial wildlife habitat
restoration plan of the State developed under
section 802(a); and
(ii) with any remaining funds--
(I) protect archaeological,
historical, and cultural sites located
along the Missouri River on land
transferred to the State;
(II) fund all costs associated with
the ownership, management, operation,
administration, maintenance, and
development of recreation areas and
other lands that are transferred to the
State of South Dakota by the Secretary;
(III) purchase and administer
wildlife habitat leases under section
802(b);
(IV) carry out other activities
described in section 802; and
(V) develop and maintain public
access to, and protect, wildlife habitat
and recreation areas along the Missouri
River.
(B) Prohibition.--The amounts transferred under
paragraph (2) shall not be used for the purchase of land
in fee title.
(e) Transfers and Withdrawals.--Except as provided in subsection
(d), the Secretary of the Treasury may not transfer or withdraw any
amount deposited under subsection (b).
[[Page 112 STAT. 2681-664]]
(f) Administrative Expenses.--There are authorized to be
appropriated to the Secretary of the Treasury such sums as are necessary
to pay the administrative expenses of the Fund.
SEC. 604. CHEYENNE RIVER SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE
TERRESTRIAL WILDLIFE HABITAT RESTORATION TRUST FUNDS.
(a) Establishment.--There are established in the Treasury of the
United States 2 funds to be known as the ``Cheyenne River Sioux Tribe
Terrestrial Wildlife Restoration Trust Fund'' and the ``Lower Brule
Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund'' (each
of which is referred to in this section as a ``Fund'').
(b) Funding.--
(1) In general.--Subject to paragraph (2), for the fiscal
year during which this Act is enacted and each fiscal year
thereafter until the aggregate amount deposited in the Funds
under this subsection is equal to at least $57,400,000, the
Secretary of the Treasury shall deposit $5,000,000 in the Funds.
(2) Allocation.--Of the total amount of funds deposited into
the Funds for a fiscal year, the Secretary of the Treasury shall
deposit--
(A) 74 percent of the funds into the Cheyenne River
Sioux Tribe Terrestrial Wildlife Restoration Trust Fund;
and
(B) 26 percent of the funds into the Lower Brule
Sioux Tribe Terrestrial Wildlife Habitat Restoration
Trust Fund.
(c) Investments.--The Secretary of the Treasury shall invest the
amounts deposited under subsection (b) only in interest-bearing
obligations of the United States or in obligations guaranteed as to both
principal and interest by the United States.
(d) Payments.--
(1) In general.--All amounts credited as interest under
subsection (c) shall be available after the Trust Funds are
fully capitalized, without fiscal year limitation, to the
Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe for
their use in accordance with paragraph (3).
(2) Withdrawal and transfer of funds.--Subject to section
802(a)(4)(B), the Secretary of the Treasury shall withdraw
amounts credited as interest under paragraph (1) and transfer
the amounts to the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe for use in accordance with paragraph (3).
(3) Use of transferred funds.--
(A) In general.--Subject to subparagraph (B), the
Cheyenne River Sioux Tribe and the Lower Brule Sioux
Tribe shall use the amounts transferred under paragraph
(2) only to--
(i) fully fund the annually scheduled work
described in the terrestrial wildlife habitat
restoration plan of the respective Tribe developed
under section 802(a); and
(ii) with any remaining funds--
(I) protect archaeological,
historical, and cultural sites located
along the Missouri River on land
transferred to the respective Tribe;
(II) fund all costs associated with
the ownership, management, operation,
administration,
[[Page 112 STAT. 2681-665]]
maintenance, and development of
recreation areas and other lands that
are transferred to the respective Tribe
by the Secretary;
(III) purchase and administer
wildlife habitat leases under section
802(b);
(IV) carry out other activities
described in section 802; and
(V) develop and maintain public
access to, and protect, wildlife habitat
and recreation areas along the Missouri
River.
(B) Prohibition.--The amounts transferred under
paragraph (2) shall not be used for the purchase of land
in fee title.
(e) Transfers and Withdrawals.--Except as provided in subsection
(d), the Secretary of the Treasury may not transfer or withdraw any
amount deposited under subsection (b).
(f) Administrative Expenses.--There are authorized to be
appropriated to the Secretary of the Treasury such sums as are necessary
to pay the administrative expenses of the Fund.
SEC. 605. TRANSFER OF FEDERAL LAND TO STATE OF SOUTH DAKOTA.
(a) In General.--
(1) Transfer.--
(A) In general.--The Secretary shall transfer to the
Department of Game, Fish and Parks of the State of South
Dakota (referred to in this section as the
``Department'') the land and recreation areas described
in subsections (b) and (c) for fish and wildlife
purposes, or public recreation uses, in perpetuity.
(B) Permits, rights-of-way, and easements.--All
permits, rights-of-way, and easements granted by the
Secretary to the Oglala Sioux Tribe for land on the west
side of the Missouri River between the Oahe Dam and
Highway 14, and all permits, rights-of-way, and
easements on any other land administered by the
Secretary and used by the Oglala Sioux Rural Water
Supply System, are granted to the Oglala Sioux Tribe in
perpetuity to be held in trust under section 3(e) of the
Mni Wiconi Project Act of 1988 (102 Stat. 2568).
(2) Uses.--The Department shall maintain and develop the
land outside the recreation areas for fish and wildlife purposes
in accordance with--
(A) fish and wildlife purposes in effect on the date
of enactment of this Act; or
(B) a plan developed under section 802.
(3) Corps of engineers.--The transfer shall not interfere
with the Corps of Engineers operation of a project under this
section for an authorized purpose of the project under the Act
of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701-1
et seq.), or other applicable law.
(4) Secretary.--The Secretary shall retain the right to
inundate with water the land transferred to the Department under
this section or draw down a project reservoir, as necessary to
carry out an authorized purpose of a project.
(b) Land Transferred.--The land described in this subsection is land
that--
[[Page 112 STAT. 2681-666]]
(1) is located above the top of the exclusive flood pool of
the Oahe, Big Bend, Fort Randall, and Gavin's Point projects of
the Pick-Sloan Missouri River Basin program;
(2) was acquired by the Secretary for the implementation of
the Pick-Sloan Missouri River Basin program;
(3) is located outside the external boundaries of a
reservation of an Indian Tribe; and
(4) is located within the State of South Dakota.
(c) Recreation Areas Transferred.--A recreation area described in
this section includes the land and waters within a recreation area
that--
(1) the Secretary determines, at the time of the transfer,
is a recreation area classified for recreation use by the Corps
of Engineers on the date of enactment of this Act;
(2) is located outside the external boundaries of a
reservation of an Indian Tribe;
(3) is located within the State of South Dakota;
(4) is not the recreation area known as ``Cottonwood'',
``Training Dike'', or ``Tailwaters''; and
(5) is located below Gavin's Point Dam in the State of South
Dakota in accordance with boundary agreements and reciprocal
fishing agreements between the State of South Dakota and the
State of Nebraska in effect on the date of enactment of this
Act, which agreements shall continue to be honored by the State
of South Dakota as the agreements apply to any land or
recreation areas transferred under this title to the State of
South Dakota below Gavin's Point Dam and on the waters of the
Missouri River.
(d) Map.--
(1) In general.--The Secretary, in consultation with the
Department, shall prepare a map of the land and recreation areas
transferred under this section.
(2) Land.--The map shall identify--
(A) land reasonably expected to be required for
project purposes during the 20-year period beginning on
the date of enactment of this Act; and
(B) dams and related structures;
which shall be retained by the Secretary.
(3) Availability.--The map shall be on file in the
appropriate offices of the Secretary.
(e) Schedule for Transfer.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Army and the
Secretary of the Department shall jointly develop a schedule for
transferring the land and recreation areas under this section.
(2) Transfer deadline.--All land and recreation areas shall
be transferred not later than 1 year after the full
capitalization of the Trust Fund described in section 803.
(f) Transfer Conditions.--The land and recreation areas described in
subsections (b) and (c) shall be transferred in fee title to the
Department on the following conditions:
(1) Responsibility for damage.--The Secretary shall not be
responsible for any damage to the land caused by flooding,
sloughing, erosion, or other changes to the land caused by the
operation of any project of the Pick-Sloan Missouri River Basin
program (except as otherwise provided by Federal law).
[[Page 112 STAT. 2681-667]]
(2) Easements, rights-of-way, leases, and cost-sharing
agreements.--The Department shall maintain all easements,
rights-of-way, leases, and cost-sharing agreements that are in
effect as of the date of the transfer.
(g) Hunting and Fishing.--
(1) In general.--Nothing in this title affects jurisdiction
over the land and water below the exclusive flood pool of the
Missouri River within the State of South Dakota, including
affected Indian reservations. The State of South Dakota, the
Lower Brule Sioux Tribe, and the Cheyenne River Sioux Tribe
shall continue in perpetuity to exercise the jurisdiction the
State and Tribes possess on the date of enactment of this Act.
(2) No effect on respective jurisdictions.--The Secretary
may not adopt any regulation or otherwise affect the respective
jurisdictions of the State of South Dakota, the Lower Brule
River Sioux Tribe, or the Cheyenne River Sioux Tribe described
in paragraph (1).
(h) Applicability of Law.--Notwithstanding any other provision of
this Act, the following provisions of law shall apply to land
transferred under this section:
(1) The National Historic Preservation Act (16 U.S.C. 470 et
seq.), including sections 106 and 304 of that Act (16 U.S.C.
470f, 470w-3).
(2) The Archaeological Resources Protection Act of 1979 (16
U.S.C. 470aa et seq.), including sections 4, 6, 7, and 9 of that
Act (16 U.S.C. 470cc, 470ee, 470ff, 470hh).
(3) The Native American Graves Protection Act and
Repatriation Act (25 U.S.C. 3001 et seq.), including subsections
(a) and (d) of section 3 of that Act (25 U.S.C. 3003).
SEC. 606. TRANSFER OF CORPS OF ENGINEERS LAND FOR INDIAN TRIBES.
(a) In General.--
(1) Transfer.--The Secretary of the Army shall transfer to
the Secretary of the Interior the land and recreation areas
described in subsections (b) and (c).
(2) Corps of engineers.--The transfer shall not interfere
with the Corps of Engineers operation of a project under this
section for an authorized purpose of the project under the Act
of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701-1
et seq.), or other applicable law.
(3) Secretary of the army.--The Secretary of the Army shall
retain the right to inundate with water the land transferred to
the Secretary of the Interior under this section or draw down a
project reservoir, as necessary to carry out an authorized
purpose of a project.
(4) Trust.--The Secretary of the Interior shall hold in
trust for the Cheyenne River Sioux Tribe and the Lower Brule
Sioux Tribe the land transferred under this section that is
located within the external boundaries of the reservation of the
Indian Tribes.
(b) Land Transferred.--The land described in this subsection is land
that--
(1) is located above the top of the exclusive flood pool of
the Big Bend and Oahe projects of the Pick-Sloan Missouri River
Basin program;
[[Page 112 STAT. 2681-668]]
(2) was acquired by the Secretary of the Army for the
implementation of the Pick-Sloan Missouri River Basin program;
and
(3) is located within the external boundaries of the
reservation of the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe.
(c) Recreation Areas Transferred.--A recreation area described in
this section includes the land and waters within a recreation area
that--
(1) the Secretary determines, at the time of the transfer,
is a recreation area classified for recreation use by the Corps
of Engineers on the date of enactment of this Act;
(2) is located within the external boundaries of a
reservation of an Indian Tribe; and
(3) is located within the State of South Dakota.
(d) Map.--
(1) In general.--The Secretary, in consultation with the
governing bodies of the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe, shall prepare a map of the land transferred
under this section.
(2) Land.--The map shall identify--
(A) land reasonably expected to be required for
project purposes during the 20-year period beginning on
the date of enactment of this Act; and
(B) dams and related structures;
which shall be retained by the Secretary.
(3) Availability.--The map shall be on file in the
appropriate offices of the Secretary.
(e) Schedule for Transfer.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Chairmen of the
Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe shall
jointly develop a schedule for transferring the land and
recreation areas under this section.
(2) Transfer deadline.--All land and recreation areas shall
be transferred not later than 1 year after the full
capitalization of the State and tribal Trust Fund described in
section 804.
(f) Transfer Conditions.--The land and recreation areas described in
subsections (b) and (c) shall be transferred to, and held in trust by,
the Secretary of the Interior on the following conditions:
(1) Responsibility for damage.--The Secretary shall not be
responsible for any damage to the land caused by flooding,
sloughing, erosion, or other changes to the land caused by the
operation of any project of the Pick-Sloan Missouri River Basin
program (except as otherwise provided by Federal law).
(2) Hunting and fishing.--Nothing in this title affects
jurisdiction over the land and waters below the exclusive flood
pool and within the external boundaries of the Cheyenne River
Sioux Tribe and Lower Brule Sioux Tribe reservations. The State
of South Dakota, the Lower Brule Sioux Tribe, and the Cheyenne
River Sioux Tribe shall continue to exercise, in perpetuity, the
jurisdiction they possess on the date of enactment of this Act
with regard to those lands and waters. The Secretary may not
adopt any regulation or otherwise affect the respective
jurisdictions of the State of South Dakota, the
[[Page 112 STAT. 2681-669]]
Lower Brule River Sioux Tribe, or the Cheyenne River Sioux Tribe
described in the preceding sentence. Jurisdiction over the land
transferred under this section shall be the same as that over
other land held in trust by the Secretary of the Interior on the
Cheyenne River Sioux Tribe reservation and the Lower Brule Sioux
Tribe reservation.
(3) Easements, rights-of-way, leases, and cost-sharing
agreements.--
(A) Maintenance.--The Secretary of the Interior
shall maintain all easements, rights-of-way, leases, and
cost-sharing agreements that are in effect as of the
date of the transfer.
(B) Payments to county.--The Secretary of the
Interior shall pay any affected county 100 percent of
the receipts from the easements, rights-of-way, leases,
and cost-sharing agreements described in subparagraph
(A).
SEC. 607. ADMINISTRATION.
(a) In General.--Nothing in this title diminishes or affects--
(1) any water right of an Indian Tribe;
(2) any other right of an Indian Tribe, except as
specifically provided in another provision of this title;
(3) any treaty right that is in effect on the date of
enactment of this Act;
(4) any external boundary of an Indian reservation of an
Indian Tribe;
(5) any authority of the State of South Dakota that relates
to the protection, regulation, or management of fish,
terrestrial wildlife, and cultural and archaeological resources,
except as specifically provided in this title; or
(6) any authority of the Secretary, the Secretary of the
Interior, or the head of any other Federal agency under a law in
effect on the date of enactment of this Act, including--
(A) the National Historic Preservation Act (16
U.S.C. 470 et seq.);
(B) the Archaeological Resources Protection Act of
1979 (16 U.S.C. 470aa et seq.);
(C) the Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.);
(D) the Act entitled ``An Act for the protection of
the bald eagle'', approved June 8, 1940 (16 U.S.C. 668
et seq.);
(E) the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.);
(F) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(G) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.);
(H) the Federal Water Pollution Control Act
(commonly known as the ``Clean Water Act'') (33 U.S.C.
1251 et seq.);
(I) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.); and
(J) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(b) Federal Liability for Damage.--Nothing in this title relieves
the Federal Government of liability for damage to private land caused by
the operation of the Pick-Sloan Missouri River Basin program.
[[Page 112 STAT. 2681-670]]
(c) Flood Control.--Notwithstanding any other provision of this
title, the Secretary shall retain the authority to operate the Pick-
Sloan Missouri River Basin program for purposes of meeting the
requirements of the Act of December 22, 1944 (58 Stat. 887, chapter 665;
33 U.S.C. 701-1 et seq.).
SEC. 608. STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall arrange for the United States
Geological Survey, in consultation with the Bureau of Indian Affairs and
other appropriate Federal agencies, to conduct a comprehensive study of
the potential impacts of the transfer of land under sections 805(b) and
806(b), including potential impacts on South Dakota Sioux Tribes having
water claims within the Missouri River Basin, on water flows in the
Missouri River.
(b) No Transfer Pending Determination.--No transfer of land under
section 805(b) or 806(b) shall occur until the Secretary determines,
based on the study, that the transfer of land under either section will
not significantly reduce the amount of water flow to the downstream
States of the Missouri River.
SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
(a) Secretary.--There are authorized to be appropriated to the
Secretary such sums as are necessary--
(1) to pay the administrative expenses incurred by the
Secretary in carrying out this title; and
(2) to fund the implementation of terrestrial wildlife
habitat restoration plans under section 802(a) and other
activities under sections 803(d)(3) and 804(d)(3).
(b) Secretary of the Interior.--There are authorized to be
appropriated to the Secretary of the Interior such sums as are necessary
to pay the administrative expenses incurred by the Secretary of the
Interior in carrying out this title.
TITLE <> VII--OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION
SEC. <> 701. SHORT TITLE.
This title may be cited as the ``Office of National Drug Control
Policy Reauthorization Act of 1998''.
SEC. <> 702. DEFINITIONS.
In this title:
(1) Demand reduction.--The term ``demand reduction'' means
any activity conducted by a National Drug Control Program
agency, other than an enforcement activity, that is intended to
reduce the use of drugs, including--
(A) drug abuse education;
(B) drug abuse prevention;
(C) drug abuse treatment;
(D) drug abuse research;
(E) drug abuse rehabilitation;
(F) drug-free workplace programs; and
(G) drug testing.
(2) Director.--The term ``Director'' means the Director of
National Drug Control Policy.
[[Page 112 STAT. 2681-671]]
(3) Drug.--The term ``drug'' has the meaning given the term
``controlled substance'' in section 102(6) of the Controlled
Substances Act (21 U.S.C. 802(6)).
(4) Drug control.--The term ``drug control'' means any
activity conducted by a National Drug Control Program agency
involving supply reduction or demand reduction.
(5) Fund.--The term ``Fund'' means the fund established
under section 703(d).
(6) National drug control program.--The term ``National Drug
Control Program'' means programs, policies, and activities
undertaken by National Drug Control Program agencies pursuant to
the responsibilities of such agencies under the National Drug
Control Strategy.
(7) National drug control program agency.--The term
``National Drug Control Program agency'' means any agency that
is responsible for implementing any aspect of the National Drug
Control Strategy, including any agency that receives Federal
funds to implement any aspect of the National Drug Control
Strategy, but does not include any agency that receives funds
for drug control activity solely under the National Foreign
Intelligence Program, the Joint Military Intelligence Program or
Tactical Intelligence and Related Activities, unless such agency
has been designated--
(A) by the President; or
(B) jointly by the Director and the head of the
agency.
(8) National drug control strategy.--The term ``National
Drug Control Strategy'' means the strategy developed and
submitted to Congress under section 706.
(9) Office.--Unless the context clearly implicates
otherwise, the term ``Office'' means the Office of National Drug
Control Policy established under section 703(a).
(10) State and local affairs.--The term ``State and local
affairs'' means domestic activities conducted by a National Drug
Control Program agency that are intended to reduce the
availability and use of drugs, including--
(A) coordination and facilitation of Federal, State,
and local law enforcement drug control efforts;
(B) promotion of coordination and cooperation among
the drug supply reduction and demand reduction agencies
of the various States, territories, and units of local
government; and
(C) such other cooperative governmental activities
which promote a comprehensive approach to drug control
at the national, State, territory, and local levels.
(11) Supply reduction.--The term ``supply reduction'' means
any activity of a program conducted by a National Drug Control
Program agency that is intended to reduce the availability or
use of drugs in the United States and abroad, including--
(A) international drug control;
(B) foreign and domestic drug intelligence;
(C) interdiction; and
(D) domestic drug law enforcement, including law
enforcement directed at drug users.
[[Page 112 STAT. 2681-672]]
SEC. 703. <> OFFICE OF NATIONAL DRUG CONTROL POLICY.
(a) Establishment of Office.--There is established in the Executive
Office of the President an Office of National Drug Control Policy, which
shall--
(1) develop national drug control policy;
(2) coordinate and oversee the implementation of that
national drug control policy;
(3) assess and certify the adequacy of national drug control
programs and the budget for those programs; and
(4) evaluate the effectiveness of the national drug control
programs.
(b) Director and Deputy Directors.--
(1) Director.--There shall be at the head of the Office a
Director of National Drug Control Policy.
(2) Deputy director of national drug control policy.--There
shall be in the Office a Deputy Director of National Drug
Control Policy, who shall assist the Director in carrying out
the responsibilities of the Director under this title.
(3) Other deputy directors.--There shall be in the Office--
(A) a Deputy Director for Demand Reduction, who
shall be responsible for the activities described in
subparagraphs (A) through (G) of section 702(1);
(B) a Deputy Director for Supply Reduction, who
shall be responsible for the activities described in
subparagraphs (A) through (C) of section 702(11); and
(C) a Deputy Director for State and Local Affairs,
who shall be responsible for the activities described in
subparagraphs (A) through (C) of section 702(10) and
subparagraph (D) of section 702(11).
(c) Access by Congress.--The location of the Office in the Executive
Office of the President shall not be construed as affecting access by
Congress, or any committee of the House of Representatives or the
Senate, to any--
(1) information, document, or study in the possession of, or
conducted by or at the direction of the Director; or
(2) personnel of the Office.
(d) Office of National Drug Control Policy Gift Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund for the receipt of gifts, both real and
personal, for the purpose of aiding or facilitating the work of
the Office under section 704(c).
(2) Contributions.--The Office may accept, hold, and
administer contributions to the Fund.
(3) Use of amounts deposited.--Amounts deposited in the Fund
are authorized to be appropriated, to remain available until
expended for authorized purposes at the discretion of the
Director.
SEC. 704. <> APPOINTMENT AND DUTIES OF DIRECTOR AND
DEPUTY DIRECTORS.
(a) Appointment.--
(1) In general.--The Director, the Deputy Director of
National Drug Control Policy, the Deputy Director for Demand
Reduction, the Deputy Director for Supply Reduction, and the
Deputy Director for State and Local Affairs, shall each be
appointed by the President, by and with the advice and consent
[[Page 112 STAT. 2681-673]]
of the Senate, and shall serve at the pleasure of the President.
In appointing the Deputy Director for Demand Reduction under
this paragraph, the President shall take into consideration the
scientific, educational or professional background of the
individual, and whether the individual has experience in the
fields of substance abuse prevention, education, or treatment.
(2) Duties of deputy director of national drug control
policy.--The Deputy Director of National Drug Control Policy
shall--
(A) carry out the duties and powers prescribed by
the Director; and
(B) serve as the Director in the absence of the
Director or during any period in which the office of the
Director is vacant.
(3) Designation of other officers.--In the absence of the
Deputy Director, or if the Office of the Deputy Director is
vacant, the Director shall designate such other permanent
employee of the Office to serve as the Director, if the Director
is absent or unable to serve.
(4) Prohibition.--No person shall serve as Director or a
Deputy Director while serving in any other position in the
Federal Government.
(5) Prohibition on political campaigning.--Any officer or
employee of the Office who is appointed to that position by the
President, by and with the advice and consent of the Senate, may
not participate in Federal election campaign activities, except
that such official is not prohibited by this paragraph from
making contributions to individual candidates.
(b) Responsibilities.--The Director--
(1) shall assist the President in the establishment of
policies, goals, objectives, and priorities for the National
Drug Control Program;
(2) shall promulgate the National Drug Control Strategy
under section 706(a) and each report under section 706(b) in
accordance with section 706;
(3) shall coordinate and oversee the implementation by the
National Drug Control Program agencies of the policies, goals,
objectives, and priorities established under paragraph (1) and
the fulfillment of the responsibilities of such agencies under
the National Drug Control Strategy and make recommendations to
National Drug Control Program agency heads with respect to
implementation of Federal counter-drug programs;
(4) shall make such recommendations to the President as the
Director determines are appropriate regarding changes in the
organization, management, and budgets of Federal departments and
agencies engaged in drug enforcement, and changes in the
allocation of personnel to and within those departments and
agencies, to implement the policies, goals, priorities, and
objectives established under paragraph (1) and the National Drug
Control Strategy;
(5) shall consult with and assist State and local
governments with respect to the formulation and implementation
of National Drug Control Policy and their relations with the
National Drug Control Program agencies;
[[Page 112 STAT. 2681-674]]
(6) shall appear before duly constituted committees and
subcommittees of the House of Representatives and of the Senate
to represent the drug policies of the executive branch;
(7) shall notify any National Drug Control Program agency if
its policies are not in compliance with the responsibilities of
the agency under the National Drug Control Strategy, transmit a
copy of each such notification to the President, and maintain a
copy of each such notification;
(8) shall provide, by July 1 of each year, budget
recommendations, including requests for specific initiatives
that are consistent with the priorities of the President under
the National Drug Control Strategy, to the heads of departments
and agencies with responsibilities under the National Drug
Control Program, which recommendations shall--
(A) apply to the next budget year scheduled for
formulation under the Budget and Accounting Act of 1921,
and each of the 4 subsequent fiscal years; and
(B) address funding priorities developed in the
National Drug Control Strategy;
(9) may serve as representative of the President in
appearing before Congress on all issues relating to the National
Drug Control Program;
(10) shall, in any matter affecting national security
interests, work in conjunction with the Assistant to the
President for National Security Affairs;
(11) may serve as spokesperson of the Administration on drug
issues;
(12) shall ensure that no Federal funds appropriated to the
Office of National Drug Control Policy shall be expended for any
study or contract relating to the legalization (for a medical
use or any other use) of a substance listed in schedule I of
section 202 of the Controlled Substances Act (21 U.S.C. 812) and
take such actions as necessary to oppose any attempt to legalize
the use of a substance (in any form) that--
(A) is listed in schedule I of section 202 of the
Controlled Substances Act (21 U.S.C. 812); and
(B) has not been approved for use for medical
purposes by the Food and Drug Administration;
(13) shall require each National Drug Control Program agency
to submit to the Director on an annual basis (beginning in 1999)
an evaluation of progress by the agency with respect to drug
control program goals using the performance measures for the
agency developed under section 706(c), including progress with
respect to--
(A) success in reducing domestic and foreign sources
of illegal drugs;
(B) success in protecting the borders of the United
States (and in particular the Southwestern border of the
United States) from penetration by illegal narcotics;
(C) success in reducing violent crime associated
with drug use in the United States;
(D) success in reducing the negative health and
social consequences of drug use in the United States;
and
(E) implementation of drug treatment and prevention
programs in the United States and improvements in the
adequacy and effectiveness of such programs;
[[Page 112 STAT. 2681-675]]
(14) shall submit to the Appropriations committees and the
authorizing committees of jurisdiction of the House of
Representatives and the Senate on an annual basis, not later
than 60 days after the date of the last day of the applicable
period, a summary of--
(A) each of the evaluations received by the Director
under paragraph (13); and
(B) the progress of each National Drug Control
Program agency toward the drug control program goals of
the agency using the performance measures for the agency
developed under section 706(c); and
(15) shall ensure that drug prevention and drug treatment
research and information is effectively disseminated by National
Drug Control Program agencies to State and local governments and
nongovernmental entities involved in demand reduction by--
(A) encouraging formal consultation between any such
agency that conducts or sponsors research, and any such
agency that disseminates information in developing
research and information product development agendas;
(B) encouraging such agencies (as appropriate) to
develop and implement dissemination plans that
specifically target State and local governments and
nongovernmental entities involved in demand reduction;
and
(C) developing a single interagency clearinghouse
for the dissemination of research and information by
such agencies to State and local governments and
nongovernmental agencies involved in demand reduction.
(c) National Drug Control Program Budget.--
(1) Responsibilities of national drug control program
agencies.--
(A) In general.--For each fiscal year, the head of
each department, agency, or program of the Federal
Government with responsibilities under the National Drug
Control Program Strategy shall transmit to the Director
a copy of the proposed drug control budget request of
the department, agency, or program at the same time as
that budget request is submitted to their superiors (and
before submission to the Office of Management and
Budget) in the preparation of the budget of the
President submitted to Congress under section 1105(a) of
title 31, United States Code.
(B) Submission of drug control budget requests.--The
head of each National Drug Control Program agency shall
ensure timely development and submission to the Director
of each proposed drug control budget request transmitted
pursuant to this paragraph, in such format as may be
designated by the Director with the concurrence of the
Director of the Office of Management and Budget.
(2) National drug control program budget proposal.--For each
fiscal year, following the transmission of proposed drug control
budget requests to the Director under paragraph (1), the
Director shall, in consultation with the head of each National
Drug Control Program agency--
(A) develop a consolidated National Drug Control
Program budget proposal designed to implement the
National Drug Control Strategy;
[[Page 112 STAT. 2681-676]]
(B) submit the consolidated budget proposal to the
President; and
(C) after submission under subparagraph (B), submit
the consolidated budget proposal to Congress.
(3) Review and certification of budget requests and budget
submissions of national drug control program agencies.--
(A) In general.--The Director shall review each drug
control budget request submitted to the Director under
paragraph (1).
(B) Review of budget requests.--
(i) Inadequate requests.--If the Director
concludes that a budget request submitted under
paragraph (1) is inadequate, in whole or in part,
to implement the objectives of the National Drug
Control Strategy with respect to the department,
agency, or program at issue for the year for which
the request is submitted, the Director shall
submit to the head of the applicable National Drug
Control Program agency a written description of
funding levels and specific initiatives that
would, in the determination of the Director, make
the request adequate to implement those
objectives.
(ii) Adequate requests.--If the Director
concludes that a budget request submitted under
paragraph (1) is adequate to implement the
objectives of the National Drug Control Strategy
with respect to the department, agency, or program
at issue for the year for which the request is
submitted, the Director shall submit to the head
of the applicable National Drug Control Program
agency a written statement confirming the adequacy
of the request.
(iii) Record.--The Director shall maintain a
record of each description submitted under clause
(i) and each statement submitted under clause
(ii).
(C) Agency response.--
(i) In general.--The head of a National Drug
Control Program agency that receives a description
under subparagraph (B)(i) shall include the
funding levels and initiatives described by the
Director in the budget submission for that agency
to the Office of Management and Budget.
(ii) Impact statement.--The head of a National
Drug Control Program agency that has altered its
budget submission under this subparagraph shall
include as an appendix to the budget submission
for that agency to the Office of Management and
Budget an impact statement that summarizes--
(I) the changes made to the budget
under this subparagraph; and
(II) the impact of those changes on
the ability of that agency to perform
its other responsibilities, including
any impact on specific missions or
programs of the agency.
(iii) Congressional notification.--The head of
a National Drug Control Program agency shall
submit a copy of any impact statement under clause
(ii) to the Senate and the House of
Representatives at the
[[Page 112 STAT. 2681-677]]
time the budget for that agency is submitted to
Congress under section 1105(a) of title 31, United
States Code.
(D) Certification of budget submissions.--
(i) In general.--At the time a National Drug
Control Program agency submits its budget request
to the Office of Management and Budget, the head
of the National Drug Control Program agency shall
submit a copy of the budget request to the
Director.
(ii) Certification.--The Director--
(I) shall review each budget
submission submitted under clause (i);
and
(II) based on the review under
subclause (I), if the Director concludes
that the budget submission of a National
Drug Control Program agency does not
include the funding levels and
initiatives described under subparagraph
(B)--
(aa) may issue a written
decertification of that agency's
budget; and
(bb) in the case of a
decertification issued under
item (aa), shall submit to the
Senate and the House of
Representatives a copy of--
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(4) Reprogramming and transfer requests.--
(A) In general.--No National Drug Control Program
agency shall submit to Congress a reprogramming or
transfer request with respect to any amount of
appropriated funds in an amount exceeding $5,000,000
that is included in the National Drug Control Program
budget unless the request has been approved by the
Director.
(B) Appeal.--The head of any National Drug Control
Program agency may appeal to the President any
disapproval by the Director of a reprogramming or
transfer request under this paragraph.
(d) Powers of the Director.--In carrying out subsection (b), the
Director may--
(1) select, appoint, employ, and fix compensation of such
officers and employees of the Office as may be necessary to
carry out the functions of the Office under this title;
(2) subject to subsection (e)(3), request the head of a
department or agency, or program of the Federal Government to
place department, agency, or program personnel who are engaged
in drug control activities on temporary detail to another
department, agency, or program in order to implement the
National Drug Control Strategy, and the head of the department
or agency shall comply with such a request;
(3) use for administrative purposes, on a reimbursable
basis, the available services, equipment, personnel, and
facilities of Federal, State, and local agencies;
(4) procure the services of experts and consultants in
accordance with section 3109 of title 5, United States Code,
relating to appointments in the Federal Service, at rates of
[[Page 112 STAT. 2681-678]]
compensation for individuals not to exceed the daily equivalent
of the rate of pay payable under level IV of the Executive
Schedule under section 5311 of title 5, United States Code;
(5) accept and use gifts and donations of property from
Federal, State, and local government agencies, and from the
private sector, as authorized in section 703(d);
(6) use the mails in the same manner as any other department
or agency of the executive branch;
(7) monitor implementation of the National Drug Control
Program, including--
(A) conducting program and performance audits and
evaluations; and
(B) requesting assistance from the Inspector General
of the relevant agency in such audits and evaluations;
(8) transfer funds made available to a National Drug Control
Program agency for National Drug Control Strategy programs and
activities to another account within such agency or to another
National Drug Control Program agency for National Drug Control
Strategy programs and activities, except that--
(A) the authority under this paragraph may be
limited in an annual appropriations Act or other
provision of Federal law;
(B) the Director may exercise the authority under
this paragraph only with the concurrence of the head of
each affected agency;
(C) in the case of an interagency transfer, the
total amount of transfers under this paragraph may not
exceed 3 percent of the total amount of funds made
available for National Drug Control Strategy programs
and activities to the agency from which those funds are
to be transferred;
(D) funds transferred to an agency under this
paragraph may only be used to increase the funding for
programs or activities have been authorized by Congress;
and
(E) the Director shall--
(i) submit to Congress, including to the
Committees on Appropriations of the Senate and the
House of Representatives, the authorizing
committees for the Office, and any other
applicable committees of jurisdiction, a
reprogramming or transfer request in advance of
any transfer under this paragraph in accordance
with the regulations of the affected agency or
agencies; and
(ii) <> annually submit to
Congress a report describing the effect of all
transfers of funds made pursuant to this paragraph
or subsection (c)(4) during the 12-month period
preceding the date on which the report is
submitted;
(9) issue to the head of a National Drug Control Program
agency a fund control notice described in subsection (f) to
ensure compliance with the National Drug Control Program
Strategy; and
(10) participate in the drug certification process pursuant
to section 490 of the Foreign Assistance Act of 1961 (22 U.S.C.
2291j).
(e) Personnel Detailed to Office.--
[[Page 112 STAT. 2681-679]]
(1) Evaluations.--Notwithstanding any provision of chapter
43 of title 5, United States Code, the Director shall perform
the evaluation of the performance of any employee detailed to
the Office for purposes of the applicable performance appraisal
system established under such chapter for any rating period, or
part thereof, that such employee is detailed to such office.
(2) Compensation.--
(A) Bonus payments.--Notwithstanding any other
provision of law, the Director may provide periodic
bonus payments to any employee detailed to the Office.
(B) Restrictions.--An amount paid under this
paragraph to an employee for any period--
(i) shall not be greater than 20 percent of
the basic pay paid or payable to such employee for
such period; and
(ii) shall be in addition to the basic pay of
such employee.
(C) Aggregate amount.--The aggregate amount paid
during any fiscal year to an employee detailed to the
Office as basic pay, awards, bonuses, and other
compensation shall not exceed the annual rate payable at
the end of such fiscal year for positions at level III
of the Executive Schedule.
(3) Maximum number of detailees.--The maximum number of
personnel who may be detailed to another department or agency
(including the Office) under subsection (d)(2) during any fiscal
year is--
(A) for the Department of Defense, 50; and
(B) for any other department or agency, 10.
(f) Fund Control Notices.--
(1) In general.--A fund control notice may direct that all
or part of an amount appropriated to the National Drug Control
Program agency account be obligated by--
(A) months, fiscal year quarters, or other time
periods; and
(B) activities, functions, projects, or object
classes.
(2) Unauthorized obligation or expenditure prohibited.--An
officer or employee of a National Drug Control Program agency
shall not make or authorize an expenditure or obligation
contrary to a fund control notice issued by the Director.
(3) Disciplinary action for violation.--In the case of a
violation of paragraph (2) by an officer or employee of a
National Drug Control Program agency, the head of the agency,
upon the request of and in consultation with the Director, may
subject the officer or employee to appropriate administrative
discipline, including, when circumstances warrant, suspension
from duty without pay or removal from office.
(g) Inapplicability to Certain Programs.--The provisions of this
section shall not apply to the National Foreign Intelligence Program,
the Joint Military Intelligence Program and Tactical Intelligence and
Related Activities unless the agency that carries out such program is
designated as a National Drug Control Program agency by the President or
jointly by the Director and the head of the agency.
[[Page 112 STAT. 2681-680]]
(h) Construction.--Nothing in this Act shall be construed as
derogating the authorities and responsibilities of the Director of
Central Intelligence contained in sections 104 and 504 of the National
Security Act of 1947 or any other law.
SEC. 705. <> COORDINATION WITH NATIONAL DRUG CONTROL
PROGRAM AGENCIES IN DEMAND REDUCTION, SUPPLY REDUCTION, AND
STATE AND LOCAL AFFAIRS.
(a) Access to Information.--
(1) In general.--Upon the request of the Director, the head
of any National Drug Control Program agency shall cooperate with
and provide to the Director any statistics, studies, reports,
and other information prepared or collected by the agency
concerning the responsibilities of the agency under the National
Drug Control Strategy that relate to--
(A) drug abuse control; or
(B) the manner in which amounts made available to
that agency for drug control are being used by that
agency.
(2) Protection of intelligence information.--
(A) In general.--The authorities conferred on the
Office and the Director by this title shall be exercised
in a manner consistent with provisions of the National
Security Act of 1947 (50 U.S.C. 401 et
seq.). <> The Director of Central
Intelligence shall prescribe such regulations as may be
necessary to protect information provided pursuant to
this title regarding intelligence sources and methods.
(B) Duties of director.--The Director of Central
Intelligence shall, to the maximum extent practicable in
accordance with subparagraph (A), render full assistance
and support to the Office and the Director.
(3) Illegal drug cultivation.--The Secretary of Agriculture
shall annually submit to the Director an assessment of the
acreage of illegal drug cultivation in the United States.
(b) Certification of Policy Changes to Director.--
(1) In general.--Subject to paragraph (2), the head of a
National Drug Control Program agency shall, unless exigent
circumstances require otherwise, notify the Director in writing
regarding any proposed change in policies relating to the
activities of that agency under the National Drug Control
Program prior to implementation of such change. The Director
shall promptly review such proposed change and certify to the
head of that agency in writing whether such change is consistent
with the National Drug Control Strategy.
(2) Exception.--If prior notice of a proposed change under
paragraph (1) is not practicable--
(A) <> the head of the National
Drug Control Program agency shall notify the Director of
the proposed change as soon as practicable; and
(B) upon such notification, the Director shall
review the change and certify to the head of that agency
in writing whether the change is consistent with the
National Drug Control Program.
(c) General Services Administration.--The Administrator of General
Services shall provide to the Director, in a reimbursable basis, such
administrative support services as the Director may request.
(d) Accounting of Funds Expended.--The Director shall--
[[Page 112 STAT. 2681-681]]
(A) require the National Drug Control Program agencies to
submit to the Director not later than February 1 of each year a
detailed accounting of all funds expended by the agencies for
National Drug Control Program activities during the previous
fiscal year, and require such accounting to be authenticated by
the Inspector General for each agency prior to submission to the
Director; and
(B) submit to Congress not later than April 1 of each year
the information submitted to the Director under subparagraph
(A).
SEC. 706. <> DEVELOPMENT, SUBMISSION,
IMPLEMENTATION, AND ASSESSMENT OF NATIONAL DRUG CONTROL
STRATEGY.
(a) Timing, Contents, and Process for Development and Submission of
National Drug Control Strategy.--
(1) Timing.--Not later than February 1, 1999, the President
shall submit to Congress a National Drug Control Strategy, which
shall set forth a comprehensive plan, covering a period of not
more than 5 years, for reducing drug abuse and the consequences
of drug abuse in the United States, by limiting the availability
of and reducing the demand for illegal drugs.
(2) Contents.--
(A) In general.--The National Drug Control Strategy
submitted under paragraph (1) shall include--
(i) comprehensive, research-based, long-range,
quantifiable, goals for reducing drug abuse and
the consequences of drug abuse in the United
States;
(ii) annual, quantifiable, and measurable
objectives and specific targets to accomplish
long-term quantifiable goals that the Director
determines may be achieved during each year of the
period beginning on the date on which the National
Drug Control Strategy is submitted;
(iii) 5-year projections for program and
budget priorities; and
(iv) a review of international, State, local,
and private sector drug control activities to
ensure that the United States pursues well-
coordinated and effective drug control at all
levels of government.
(B) Classified information.--Any contents of the
National Drug Control Strategy that involves information
properly classified under criteria established by an
Executive order shall be presented to Congress
separately from the rest of the National Drug Control
Strategy.
(3) Process for development and submission.--
(A) Consultation.--In developing and effectively
implementing the National Drug Control Strategy, the
Director--
(i) shall consult with--
(I) the heads of the National Drug
Control Program agencies;
(II) Congress;
(III) State and local officials;
(IV) private citizens and
organizations with experience and
expertise in demand reduction;
(V) private citizens and
organizations with experience and
expertise in supply reduction; and
[[Page 112 STAT. 2681-682]]
(VI) appropriate representatives of
foreign governments;
(ii) with the concurrence of the Attorney
General, may require the El Paso Intelligence
Center to undertake specific tasks or projects to
implement the National Drug Control Strategy; and
(iii) with the concurrence of the Director of
Central Intelligence and the Attorney General, may
request that the National Drug Intelligence Center
undertake specific tasks or projects to implement
the National Drug Control Strategy.
(B) Inclusion in strategy.--The National Drug
Control Strategy under this subsection, and each report
submitted under subsection (b), shall include a list of
each entity consulted under subparagraph (A)(i).
(4) Specific targets.--The targets in the National Drug
Control Strategy shall include the following:
(A) Reduction of unlawful drug use to 3 percent of
the population of the United States or less by December
31, 2003 (as measured in terms of overall illicit drug
use during the past 30 days by the National Household
Survey), and achievement of at least 20 percent of such
reduction during each of 1999, 2000, 2001, 2002, and
2003.
(B) Reduction of adolescent unlawful drug use (as
measured in terms of illicit drug use during the past 30
days by the Monitoring the Future Survey of the
University of Michigan or the National PRIDE Survey
conducted by the National Parents' Resource Institute
for Drug Education) to 3 percent of the adolescent
population of the United States or less by December 31,
2003, and achievement of at least 20 percent of such
reduction during each of 1999, 2000, 2001, 2002, and
2003.
(C) Reduction of the availability of cocaine,
heroin, marijuana, and methamphetamine in the United
States by 80 percent by December 31, 2003.
(D) Reduction of the respective nationwide average
street purity levels for cocaine, heroin, marijuana, and
methamphetamine (as estimated by the interagency drug
flows assessment led by the Office of National Drug
Control Policy, and based on statistics collected by the
Drug Enforcement Administration and other National Drug
Control Program agencies identified as relevant by the
Director) by 60 percent by December 31, 2003, and
achievement of at least 20 percent of each such
reduction during each of 1999, 2000, 2001, 2002, and
2003.
(E) Reduction of drug-related crime in the United
States by 50 percent by December 31, 2003, and
achievement of at least 20 percent of such reduction
during each of 1999, 2000, 2001, 2002, and 2003,
including--
(i) reduction of State and Federal unlawful
drug trafficking and distribution;
(ii) reduction of State and Federal crimes
committed by persons under the influence of
unlawful drugs;
(iii) reduction of State and Federal crimes
committed for the purpose of obtaining unlawful
drugs or obtaining property that is intended to be
used for the purchase of unlawful drugs; and
[[Page 112 STAT. 2681-683]]
(iv) reduction of drug-related emergency room
incidents in the United States (as measured by
data of the Drug Abuse Warning Network on illicit
drug abuse), including incidents involving gunshot
wounds and automobile accidents in which illicit
drugs are identified in the bloodstream of the
victim, by 50 percent by December 31, 2003.
(5) Further reductions in drug use, availability, and
crime.--Following the submission of a National Drug Control
Strategy under this section to achieve the specific targets
described in paragraph (4), the Director may formulate a
strategy for additional reductions in drug use and availability
and drug-related crime beyond the 5-year period covered by the
National Drug Control Strategy that has been submitted.
(b) Annual Strategy Report.--
(1) In general.--Not later than February 1, 1999, and on
February 1 of each year thereafter, the President shall submit
to Congress a report on the progress in implementing the
Strategy under subsection (a), which shall include--
(A) an assessment of the Federal effectiveness in
achieving the National Drug Control Strategy goals and
objectives using the performance measurement system
described in subsection (c), including--
(i) an assessment of drug use and availability
in the United States; and
(ii) an estimate of the effectiveness of
interdiction, treatment, prevention, law
enforcement, and international programs under the
National Drug Control Strategy in effect during
the preceding year, or in effect as of the date on
which the report is submitted;
(B) any modifications of the National Drug Control
Strategy or the performance measurement system described
in subsection (c);
(C) an assessment of the manner in which the budget
proposal submitted under section 704(c) is intended to
implement the National Drug Control Strategy and whether
the funding levels contained in such proposal are
sufficient to implement such Strategy;
(D) measurable data evaluating the success or
failure in achieving the annual measurable objectives
described in subsection (a)(2)(A)(ii);
(E) an assessment of current drug use (including
inhalants) and availability, impact of drug use, and
treatment availability, which assessment shall include--
(i) estimates of drug prevalence and frequency
of use as measured by national, State, and local
surveys of illicit drug use and by other special
studies of--
(I) casual and chronic drug use;
(II) high-risk populations,
including school dropouts, the homeless
and transient, arrestees, parolees,
probationers, and juvenile delinquents;
and
(III) drug use in the workplace and
the productivity lost by such use;
(ii) an assessment of the reduction of drug
availability against an ascertained baseline, as
measured by--
[[Page 112 STAT. 2681-684]]
(I) the quantities of cocaine,
heroin, marijuana, methamphetamine, and
other drugs available for consumption in
the United States;
(II) the amount of marijuana,
cocaine, heroin, and precursor chemicals
entering the United States;
(III) the number of hectares of
marijuana, poppy, and coca cultivated
and destroyed domestically and in other
countries;
(IV) the number of metric tons of
marijuana, heroin, cocaine, and
methamphetamine seized;
(V) the number of cocaine and
methamphetamine processing laboratories
destroyed domestically and in other
countries;
(VI) changes in the price and purity
of heroin and cocaine, changes in the
price of methamphetamine, and changes in
tetrahydrocannabinol level of marijuana;
(VII) the amount and type of
controlled substances diverted from
legitimate retail and wholesale sources;
and
(VIII) the effectiveness of Federal
technology programs at improving drug
detection capabilities in interdiction,
and at United States ports of entry;
(iii) an assessment of the reduction of the
consequences of drug use and availability, which
shall include estimation of--
(I) the burden drug users placed on
hospital emergency departments in the
United States, such as the quantity of
drug-related services provided;
(II) the annual national health care
costs of drug use, including costs
associated with people becoming infected
with the human immunodeficiency virus
and other infectious diseases as a
result of drug use;
(III) the extent of drug-related
crime and criminal activity; and
(IV) the contribution of drugs to
the underground economy, as measured by
the retail value of drugs sold in the
United States;
(iv) a determination of the status of drug
treatment in the United States, by assessing--
(I) public and private treatment
capacity within each State, including
information on the treatment capacity
available in relation to the capacity
actually used;
(II) the extent, within each State,
to which treatment is available;
(III) the number of drug users the
Director estimates could benefit from
treatment; and
(IV) the specific factors that
restrict the availability of treatment
services to those seeking it and
proposed administrative or legislative
remedies to make treatment available to
those individuals; and
[[Page 112 STAT. 2681-685]]
(v) a review of the research agenda of the
Counter-Drug Technology Assessment Center to
reduce the availability and abuse of drugs; and
(F) an assessment of private sector initiatives and
cooperative efforts between the Federal Government and
State and local governments for drug control.
(2) Submission of revised strategy.--The President may
submit to Congress a revised National Drug Control Strategy that
meets the requirements of this section--
(A) at any time, upon a determination by the
President, in consultation with the Director, that the
National Drug Control Strategy in effect is not
sufficiently effective; and
(B) if a new President or Director takes office.
(3) 1999 strategy report.--With respect to the Strategy
report required to be submitted by this subsection on February
1, 1999, the President shall prepare the report using such
information as is available for the period covered by the
report.
(c) Performance Measurement System.--
(1) Sense of congress.--It is the sense of Congress that--
(A) the targets described in subsection (a) are
important to the reduction of overall drug use in the
United States;
(B) the President should seek to achieve those
targets during the 5 years covered by the National Drug
Control Strategy required to be submitted under
subsection (a);
(C) the purpose of such targets and the annual
reports to Congress on the progress towards achieving
the targets is to allow for the annual restructuring of
appropriations by the Appropriations Committees and
authorizing committees of jurisdiction of Congress to
meet the goals described in this Act;
(D) the performance measurement system developed by
the Director described in this subsection is central to
the National Drug Control Program targets, programs, and
budget;
(E) the Congress strongly endorses the performance
measurement system for establishing clear outcomes for
reducing drug use nationwide during the next five years,
and the linkage of this system to all agency drug
control programs and budgets receiving funds scored as
drug control agency funding.
(2) Submission to congress.--Not later than February 1,
1999, the Director shall submit to Congress a description of the
national drug control performance measurement system, designed
in consultation with affected National Drug Control Program
agencies, that--
(A) develops performance objectives, measures, and
targets for each National Drug Control Strategy goal and
objective;
(B) revises performance objectives, measures, and
targets, to conform with National Drug Control Program
Agency budgets;
(C) identifies major programs and activities of the
National Drug Control Program agencies that support the
goals and objectives of the National Drug Control
Strategy;
[[Page 112 STAT. 2681-686]]
(D) evaluates in detail the implementation by each
National Drug Control Program agency of program
activities supporting the National Drug Control
Strategy;
(E) monitors consistency between the drug-related
goals and objectives of the National Drug Control
Program agencies and ensures that drug control agency
goals and budgets support and are fully consistent with
the National Drug Control Strategy; and
(F) coordinates the development and implementation
of national drug control data collection and reporting
systems to support policy formulation and performance
measurement, including an assessment of--
(i) the quality of current drug use
measurement instruments and techniques to measure
supply reduction and demand reduction activities;
(ii) the adequacy of the coverage of existing
national drug use measurement instruments and
techniques to measure the casual drug user
population and groups that are at risk for drug
use; and
(iii) the actions the Director shall take to
correct any deficiencies and limitations
identified pursuant to subparagraphs (A) and (B)
of subsection (b)(4).
(3) Modifications.--A description of any modifications made
during the preceding year to the national drug control
performance measurement system described in paragraph (2) shall
be included in each report submitted under subsection (b).
SEC. 707. <> HIGH INTENSITY DRUG TRAFFICKING AREAS
PROGRAM.
(a) Establishment.--There is established in the Office a program to
be known as the High Intensity Drug Trafficking Areas Program.
(b) Designation.--The Director, upon consultation with the Attorney
General, the Secretary of the Treasury, heads of the National Drug
Control Program agencies, and the Governor of each applicable State, may
designate any specified area of the United States as a high intensity
drug trafficking area. After making such a designation and in order to
provide Federal assistance to the area so designated, the Director may--
(1) obligate such sums as appropriated for the High
Intensity Drug Trafficking Areas Program;
(2) direct the temporary reassignment of Federal personnel
to such area, subject to the approval of the head of the
department or agency that employs such personnel;
(3) take any other action authorized under section 704 to
provide increased Federal assistance to those areas;
(4) coordinate activities under this subsection
(specifically administrative, recordkeeping, and funds
management activities) with State and local officials.
(c) Factors for Consideration.--In considering whether to designate
an area under this section as a high intensity drug trafficking area,
the Director shall consider, in addition to such other criteria as the
Director considers to be appropriate, the extent to which--
(1) the area is a center of illegal drug production,
manufacturing, importation, or distribution;
[[Page 112 STAT. 2681-687]]
(2) State and local law enforcement agencies have committed
resources to respond to the drug trafficking problem in the
area, thereby indicating a determination to respond aggressively
to the problem;
(3) drug-related activities in the area are having a harmful
impact in other areas of the country; and
(4) a significant increase in allocation of Federal
resources is necessary to respond adequately to drug-related
activities in the area.
(d) Use of Funds.--The Director shall ensure that no Federal funds
appropriated for the High Intensity Drug Trafficking Program are
expended for the establishment or expansion of drug treatment programs.
SEC. 708. <> COUNTER-DRUG TECHNOLOGY ASSESSMENT
CENTER.
(a) Establishment.--There is established within the Office the
Counter-Drug Technology Assessment Center (referred to in this section
as the ``Center''). The Center shall operate under the authority of the
Director of National Drug Control Policy and shall serve as the central
counter-drug technology research and development organization of the
United States Government.
(b) Director of Technology.--There shall be at the head of the
Center the Director of Technology, who shall be appointed by the
Director of National Drug Control Policy from among individuals
qualified and distinguished in the area of science, medicine,
engineering, or technology.
(c) Additional Responsibilities of the Director of National Drug
Control Policy.--
(1) In general.--The Director, acting through the Director
of Technology shall--
(A) identify and define the short-, medium-, and
long-term scientific and technological needs of Federal,
State, and local drug supply reduction agencies,
including--
(i) advanced surveillance, tracking, and radar
imaging;
(ii) electronic support measures;
(iii) communications;
(iv) data fusion, advanced computer systems,
and artificial intelligence; and
(v) chemical, biological, radiological
(including neutron, electron, and graviton), and
other means of detection;
(B) identify demand reduction basic and applied
research needs and initiatives, in consultation with
affected National Drug Control Program agencies,
including--
(i) improving treatment through
neuroscientific advances;
(ii) improving the transfer of biomedical
research to the clinical setting; and
(iii) in consultation with the National
Institute on Drug Abuse, and through interagency
agreements or grants, examining addiction and
rehabilitation research and the application of
technology to expanding the effectiveness or
availability of drug treatment;
(C) make a priority ranking of such needs identified
in subparagraphs (A) and (B) according to fiscal and
[[Page 112 STAT. 2681-688]]
technological feasibility, as part of a National
Counter-Drug Enforcement Research and Development
Program;
(D) oversee and coordinate counter-drug technology
initiatives with related activities of other Federal
civilian and military departments;
(E) provide support to the development and
implementation of the national drug control performance
measurement system; and
(F) pursuant to the authority of the Director of
National Drug Control Policy under section 704, submit
requests to Congress for the reprogramming or transfer
of funds appropriated for counter-drug technology
research and development.
(2) Limitation on authority.--The authority granted to the
Director under this subsection shall not extend to the award of
contracts, management of individual projects, or other
operational activities.
(d) Assistance and Support to Office of National Drug Control
Policy.--The Secretary of Defense and the Secretary of Health and Human
Services shall, to the maximum extent practicable, render assistance and
support to the Office and to the Director in the conduct of counter-drug
technology assessment.
SEC. 709. <> PRESIDENT'S COUNCIL ON COUNTER-
NARCOTICS.
(a) Establishment.--There is established a council to be known as
the President's Council on Counter-Narcotics (referred to in this
section as the ``Council'').
(b) Membership.--
(1) In general.--Subject to paragraph (2), the Council shall
be composed of 18 members, of whom--
(A) 1 shall be the President, who shall serve as
Chairman of the Council;
(B) 1 shall be the Vice President;
(C) 1 shall be the Secretary of State;
(D) 1 shall be the Secretary of the Treasury;
(E) 1 shall be the Secretary of Defense;
(F) 1 shall be the Attorney General;
(G) 1 shall be the Secretary of Transportation;
(H) 1 shall be the Secretary of Health and Human
Services;
(I) 1 shall be the Secretary of Education;
(J) 1 shall be the Representative of the United
States of America to the United Nations;
(K) 1 shall be the Director of the Office of
Management and Budget;
(L) 1 shall be the Chief of Staff to the President;
(M) 1 shall be the Director of the Office, who shall
serve as the Executive Director of the Council;
(N) 1 shall be the Director of Central Intelligence;
(O) 1 shall be the Assistant to the President for
National Security Affairs;
(P) 1 shall be the Counsel to the President;
(Q) 1 shall be the Chairman of the Joint Chiefs of
Staff; and
(R) 1 shall be the National Security Adviser to the
Vice President.
[[Page 112 STAT. 2681-689]]
(2) Additional members.--The President may, in the
discretion of the President, appoint additional members to the
Council.
(c) Functions.--The Council shall advise and assist the President
in--
(1) providing direction and oversight for the national drug
control strategy, including relating drug control policy to
other national security interests and establishing priorities;
and
(2) ensuring coordination among departments and agencies of
the Federal Government concerning implementation of the National
Drug Control Strategy.
(d) Administration.--
(1) In general.--The Council may utilize established or ad
hoc committees, task forces, or interagency groups chaired by
the Director (or a representative of the Director) in carrying
out the functions of the Council under this section.
(2) Staff.--The staff of the Office, in coordination with
the staffs of the Vice President and the Assistant to the
President for National Security Affairs, shall act as staff for
the Council.
(3) Cooperation from other agencies.--Each department and
agency of the executive branch shall--
(A) cooperate with the Council in carrying out the
functions of the Council under this section; and
(B) provide such assistance, information, and advice
as the Council may request, to the extent permitted by
law.
SEC. 710. <> PARENTS ADVISORY COUNCIL ON YOUTH DRUG
ABUSE.
(a) In General.--
(1) Establishment.--There is established a Council to be
known as the Parents Advisory Council on Youth Drug Abuse
(referred to in this section as the ``Council'').
(2) Membership.--
(A) Composition.--The Council shall be composed of
16 members, of whom--
(i) 4 shall be appointed by the President,
each of whom shall be a parent or guardian of a
child who is not less than 6 and not more than 18
years of age as of the date on which the
appointment is made;
(ii) 4 shall be appointed by the Majority
Leader of the Senate, 3 of whom shall be a parent
or guardian of a child who is not less than 6 and
not more than 18 years of age as of the date on
which the appointment is made;
(iii) 2 shall be appointed by the Minority
Leader of the Senate, each of whom shall be a
parent or guardian of a child who is not less than
6 and not more than 18 years of age as of the date
on which the appointment is made;
(iv) 4 shall be appointed by the Speaker of
the House of Representatives, 3 of whom shall be a
parent or guardian of a child who is not less than
6 and not more than 18 years of age as of the date
on which the appointment is made; and
[[Page 112 STAT. 2681-690]]
(v) 2 shall be appointed by the Minority
Leader of the House of Representatives, each of
whom shall be a parent or guardian of a child who
is not less than 6 and not more than 18 years of
age as of the date on which the appointment is
made.
(B) Requirements.--
(i) In general.--Each member of the Council
shall be an individual from the private sector
with a demonstrated interest and expertise in
research, education, treatment, or prevention
activities related to youth drug abuse.
(ii) Representatives of nonprofit
organizations.--Not less than 1 member appointed
under each of clauses (i) through (v) of paragraph
(2)(A) shall be a representative of a nonprofit
organization focused on involving parents in
antidrug education and prevention.
(C) Date.--The appointments of the initial members
of the Council shall be made not later than 60 days
after the date of enactment of this section.
(D) Executive director.--The Director shall appoint
the Executive Director of the Council, who shall be an
employee of the Office of National Drug Control Policy.
(3) Period of appointment; vacancies.--
(A) Period of appointment.--Each member of the
Council shall be appointed for a term of 3 years, except
that, of the initial members of the Council--
(i) 1 member appointed under each of clauses
(i) through (v) of paragraph (2)(A) shall be
appointed for a term of 1 year; and
(ii) 1 member appointed under each of clauses
(i) through (v) of paragraph (2)(A) shall be
appointed for a term of 2 years.
(B) Vacancies.--Any vacancy in the Council shall not
affect its powers, provided that a quorum is present,
but shall be filled in the same manner as the original
appointment. Any member appointed to fill a vacancy
occurring before the expiration of the term for which
the member's predecessor was appointed shall be
appointed only for the remainder of that term.
(C) Appointment of successor.--To the extent
necessary to prevent a vacancy in the membership of the
Council, a member of the Council may serve for not more
than 6 months after the expiration of the term of that
member, if the successor of that member has not been
appointed.
(4) Initial meeting.--Not later than 120 days after the date
on which all initial members of the Council have been appointed,
the Council shall hold its first meeting.
(5) Meetings.--The Council shall meet at the call of the
Chairperson.
(6) Quorum.--Nine members of the Council shall constitute a
quorum, but a lesser number of members may hold hearings.
(7) Chairperson and vice chairperson.--
(A) In general.--The members of the Council shall
select a Chairperson and Vice Chairperson from among the
members of the Council.
[[Page 112 STAT. 2681-691]]
(B) Duties of chairperson.--The Chairperson of the
Council shall assign committee duties relating to the
Council and direct the Executive Director to convene
hearings and conduct other necessary business of the
Council.
(C) Duties of vice chairperson.--If the Chairperson
of the Council is unable to serve, the Vice Chairperson
shall serve as the Chairperson.
(b) Duties of the Council.--
(1) In general.--The Council--
(A) shall advise the Director on drug prevention,
education, and treatment and assist the Deputy Director
of Demand Reduction in the responsibilities for the
coordination of the demand reduction programs of the
Federal Government and the analysis and consideration of
prevention and treatment alternatives; and
(B) may issue reports and recommendations on drug
prevention, education, and treatment, in addition to the
reports detailed in paragraph (2), as the Council
considers appropriate.
(2) Submission of reports.--Any report or recommendation
issued by the Council shall be submitted to the Director and
subsequently to Congress.
(3) Advice on the national drug control strategy.--Not later
than December 1, 1999, and on December 1 of each year
thereafter, the Council shall submit to the Director an annual
report containing drug control strategy recommendations on drug
prevention, education, and treatment. The Director may include
any recommendations submitted under this paragraph in the report
submitted by the Director under section 706(b).
(c) Expenses.--The members of the Council shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of
business in the performance of services for the Council.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Council such sums as may be necessary carry out this
section.
SEC. 711. <> DRUG INTERDICTION.
(a) Definition.--In this section, the term ``Federal drug control
agency'' means--
(1) the Office of National Drug Control Policy;
(2) the Department of Defense;
(3) the Drug Enforcement Administration;
(4) the Federal Bureau of Investigation;
(5) the Immigration and Naturalization Service;
(6) the United States Coast Guard;
(7) the United States Customs Service; and
(8) any other department or agency of the Federal Government
that the Director determines to be relevant.
(b) Report.--In order to assist Congress in determining the
personnel, equipment, funding, and other resources that would be
required by Federal drug control agencies in order to achieve a level of
interdiction success at or above the highest level achieved before the
date of enactment of this title, not later than 90 days
[[Page 112 STAT. 2681-692]]
after the date of enactment of this Act, the Director shall submit to
Congress and to each Federal drug control program agency a report, which
shall include--
(1) with respect to the southern and western border regions
of the United States (including the Pacific coast, the border
with Mexico, the Gulf of Mexico coast, and other ports of entry)
and in overall totals, data relating to--
(A) the amount of marijuana, heroin,
methamphetamine, and cocaine--
(i) seized during the year of highest recorded
seizures for each drug in each region and during
the year of highest recorded overall seizures; and
(ii) disrupted during the year of highest
recorded disruptions for each drug in each region
and during the year of highest recorded overall
seizures; and
(B) the number of persons arrested for violations of
section 1010(a) of the Controlled Substances Import and
Export Act (21 U.S.C. 960(a)) and related offenses
during the year of the highest number of arrests on
record for each region and during the year of highest
recorded overall arrests;
(2) the price of cocaine, heroin, methamphetamine, and
marijuana during the year of highest price on record during the
preceding 10-year period, adjusted for purity where possible;
and
(3) a description of the personnel, equipment, funding, and
other resources of the Federal drug control agency devoted to
drug interdiction and securing the borders of the United States
against drug trafficking for each of the years identified in
paragraphs (1) and (2) for each Federal drug control agency.
(c) Budget Process.--
(1) Information to director.--Based on the report submitted
under subsection (b), each Federal drug control agency shall
submit to the Director, at the same time as each annual drug
control budget request is submitted by the Federal drug control
agency to the Director under section 704(c)(1), a description of
the specific personnel, equipment, funding, and other resources
that would be required for the Federal drug control agency to
meet or exceed the highest level of interdiction success for
that agency identified in the report submitted under subsection
(b).
(2) Information to congress.--The Director shall include
each submission under paragraph (1) in each annual consolidated
National Drug Control Program budget proposal submitted by the
Director to Congress under section 704(c)(2), which submission
shall be accompanied by a description of any additional
resources that would be required by the Federal drug control
agencies to meet the highest level of interdiction success
identified in the report submitted under subsection (b).
SEC. 712. ESTABLISHMENT OF SPECIAL FORFEITURE FUND.
Section 6073 of the Asset Forfeiture Amendments Act of 1988 (21
U.S.C. 1509) is amended--
(1) in subsection (b)--
(A) by striking ``section 524(c)(9)'' and inserting
``section 524(c)(8)''; and
[[Page 112 STAT. 2681-693]]
(B) by striking ``section 9307(g)'' and inserting
``section 9703(g)''; and
(2) in subsection (e), by striking ``strategy'' and
inserting ``Strategy''.
SEC. 713. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Title 5, United States Code.--Chapter 53 of title 5, United
States Code, is amended--
(1) in section 5312, by adding at the end the following:
``Director of National Drug Control Policy.'';
(2) in section 5313, by adding at the end the following:
``Deputy Director of National Drug Control Policy.''; and
(3) in section 5314, by adding at the end the following:
``Deputy Director for Demand Reduction, Office of National
Drug Control Policy.
``Deputy Director for Supply Reduction, Office of National
Drug Control Policy.
``Deputy Director for State and Local Affairs, Office of
National Drug Control Policy.''.
(b) National Security Act of 1947.--Section 101 of the National
Security Act of 1947 (50 U.S.C. 402) is amended by redesignating
subsection (f) as subsection (g) and inserting after subsection (e) the
following:
``(f) The Director of National Drug Control Policy may, in the role
of the Director as principal adviser to the National Security Council on
national drug control policy, and subject to the direction of the
President, attend and participate in meetings of the National Security
Council.''.
(c) Submission of National Drug Control Program Budget With Annual
Budget Request of President.--Section 1105(a) of title 31, United States
Code, is amended by inserting after paragraph (25) the following:
``(26) a separate statement of the amount of appropriations
requested for the Office of National Drug Control Policy and
each program of the National Drug Control Program.''.
SEC. 714. <> AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title, to
remain available until expended, such sums as may be necessary for each
of fiscal years 1999 through 2003.
SEC. 715. <> TERMINATION OF OFFICE OF NATIONAL DRUG
CONTROL POLICY.
(a) In General.--Except as provided in subsection (b), effective on
September 30, 2003, this title and the amendments made by this title are
repealed.
(b) Exception.--Subsection (a) does not apply to section 713 or the
amendments made by that section.
TITLE <> VIII--WESTERN HEMISPHERE DRUG ELIMINATION
SEC. 801. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Western
Hemisphere Drug Elimination Act''.
(b) Table of Contents.--The table of contents for this title is as
follows:
Sec. 801. Short title; table of contents.
Sec. 802. Findings and statement of policy.
[[Page 112 STAT. 2681-694]]
Subtitle A--Enhanced Source and Transit Country Coverage
Sec. 811. Expansion of radar coverage and operation in source and
transit countries.
Sec. 812. Expansion of Coast Guard drug interdiction.
Sec. 813. Expansion of aircraft coverage and operation in source and
transit countries.
Subtitle B--Enhanced Eradication and Interdiction Strategy in Source
Countries
Sec. 821. Additional eradication resources for Colombia.
Sec. 822. Additional eradication resources for Peru.
Sec. 823. Additional eradication resources for Bolivia.
Sec. 824. Miscellaneous additional eradication resources.
Sec. 825. Bureau of International Narcotics and Law Enforcement Affairs.
Subtitle C--Enhanced Alternative Crop Development Support in Source Zone
Sec. 831. Alternative crop development support.
Sec. 832. Authorization of appropriations for Agricultural Research
Service counterdrug research and development activities.
Sec. 833. Master plan for herbicides to control narcotic crops.
Sec. 834. Authorization of use of environmentally-approved herbicides to
eliminate illicit narcotics crops.
Subtitle D--Enhanced International Law Enforcement Training
Sec. 841. Enhanced international law enforcement academy training.
Sec. 842. Enhanced United States drug enforcement international
training.
Sec. 843. Provision of nonlethal equipment to foreign law enforcement
organizations for cooperative illicit narcotics control
activities.
Subtitle E--Enhanced Drug Transit and Source Zone Law Enforcement
Operations and Equipment
Sec. 851. Increased funding for operations and equipment; report.
Sec. 852. Funding for computer software and hardware to facilitate
direct communication between drug enforcement agencies.
Sec. 853. Sense of Congress regarding priority of drug interdiction and
counterdrug activities.
Subtitle F--Relationship to Other Laws
Sec. 861. Authorizations of appropriations.
Subtitle G--Trafficking in Controlled Substances
Sec. 871. Short title.
Sec. 872. Limitation.
SEC. 802. FINDINGS AND STATEMENT OF POLICY.
(a) Findings.--Congress makes the following findings:
(1) Teenage drug use in the United States has doubled since
1993.
(2) The drug crisis facing the United States is a top
national security threat.
(3) The spread of illicit drugs through United States
borders cannot be halted without an effective drug interdiction
strategy.
(4) Effective drug interdiction efforts have been shown to
limit the availability of illicit narcotics, drive up the street
price, support demand reduction efforts, and decrease overall
drug trafficking and use.
(5) A prerequisite for reducing youth drug use is increasing
the price of drugs. To increase price substantially, at least 60
percent of drugs must be interdicted.
(6) In 1987, the national drug control budget maintained a
significant balance between demand and supply reduction efforts,
illustrated as follows:
(A) 29 percent of the total drug control budget
expenditures for demand reduction programs.
[[Page 112 STAT. 2681-695]]
(B) 38 percent of the total drug control budget
expenditures for domestic law enforcement.
(C) 33 percent of the total drug control budget
expenditures for international drug interdiction
efforts.
(7) In the late 1980's and early 1990's, counternarcotic
efforts were successful, specifically in protecting the borders
of the United States from penetration by illegal narcotics
through increased seizures by the United States Coast Guard and
other agencies, including a 302 percent increase in pounds of
cocaine seized between 1987 and 1991.
(8) Limiting the availability of narcotics to drug
traffickers in the United States had a promising effect as
illustrated by the decline of illicit drug use between 1988 and
1991, through a--
(A) 13 percent reduction in total drug use;
(B) 35 percent drop in cocaine use; and
(C) 16 percent decrease in marijuana use.
(9) In 1993, drug interdiction efforts in the transit zones
were reduced due to an imbalance in the national drug control
strategy. This trend has continued through 1995 as shown by the
following figures:
(A) 35 percent for demand reduction programs.
(B) 53 percent for domestic law enforcement.
(C) 12 percent for international drug interdiction
efforts.
(10) Supply reduction efforts became a lower priority for
the Administration and the seizures by the United States Coast
Guard and other agencies decreased as shown by a 68 percent
decrease in the pounds of cocaine seized between 1991 and 1996.
(11) Reductions in funding for comprehensive interdiction
operations like OPERATION GATEWAY and OPERATION STEELWEB,
initiatives that encompassed all areas of interdiction and
attempted to disrupt the operating methods of drug smugglers
along the entire United States border, have created unprotected
United States border areas which smugglers exploit to move their
product into the United States.
(12) The result of this new imbalance in the national drug
control strategy caused the drug situation in the United States
to become a crisis with serious consequences including--
(A) doubling of drug-abuse-related arrests for
minors between 1992 and 1996;
(B) 70 percent increase in overall drug use among
children aged 12 to 17;
(C) 80 percent increase in drug use for graduating
seniors since 1992;
(D) a sharp drop in the price of 1 pure gram of
heroin from $1,647 in 1992 to $966 in February 1996; and
(E) a reduction in the street price of 1 gram of
cocaine from $123 to $104 between 1993 and 1994.
(13) The percentage change in drug use since 1992, among
graduating high school students who used drugs in the past 12
months, has substantially increased--marijuana use is up 80
percent, cocaine use is up 80 percent, and heroin use is up 100
percent.
(14) The Department of Defense has been called upon to
support counter-drug efforts of Federal law enforcement
[[Page 112 STAT. 2681-696]]
agencies that are carried out in source countries and through
transit zone interdiction, but in recent years Department of
Defense assets critical to those counter-drug activities have
been consistently diverted to missions that the Secretary of
Defense and the Chairman of the Joint Chiefs of Staff consider a
higher priority.
(15) The Secretary of Defense and the Chairman of the Joint
Chiefs of Staff, through the Department of Defense policy
referred to as the Global Military Force Policy, has established
the priorities for the allocation of military assets in the
following order: (1) war; (2) military operations other than war
that might involve contact with hostile forces (such as
peacekeeping operations and noncombatant evacuations); (3)
exercises and training; and (4) operational tasking other than
those involving hostilities (including counter-drug activities
and humanitarian assistance).
(16) Use of Department of Defense assets is critical to the
success of efforts to stem the flow of illegal drugs from source
countries and through transit zones to the United States.
(17) The placement of counter-drug activities in the fourth
and last priority of the Global Military Force Policy list of
priorities for the allocation of military assets has resulted in
a serious deficiency in assets vital to the success of source
country and transit zone efforts to stop the flow of illegal
drugs into the United States.
(18) At present the United States faces few, if any, threats
from abroad greater than the threat posed to the Nation's youth
by illegal and dangerous drugs.
(19) The conduct of counter-drug activities has the
potential for contact with hostile forces.
(20) The Department of Defense counter-drug activities
mission should be near the top, not among the last, of the
priorities for the allocation of Department of Defense assets
after the first priority for those assets for the war-fighting
mission of the Department of Defense.
(b) Statement of Policy.--It is the policy of the United States to--
(1) reduce the supply of drugs and drug use through an
enhanced drug interdiction effort in the major drug transit
countries, as well support a comprehensive supply country
eradication and crop substitution program, because a commitment
of increased resources in international drug interdiction
efforts will create a balanced national drug control strategy
among demand reduction, law enforcement, and international drug
interdiction efforts; and
(2) develop and establish comprehensive drug interdiction
and drug eradication strategies, and dedicate the required
resources, to achieve the goal of reducing the flow of illegal
drugs into the United States by 80 percent by as early as
January 1, 2003.
Subtitle A--Enhanced Source and Transit Country Coverage
SEC. 811. EXPANSION OF RADAR COVERAGE AND OPERATION IN SOURCE AND
TRANSIT COUNTRIES.
(a) Authorization of Appropriations.--Funds are authorized to be
appropriated for the Department of the Treasury for fiscal
[[Page 112 STAT. 2681-697]]
years 1999, 2000, and 2001 for the enhancement of radar coverage in drug
source and transit countries in the total amount of $14,300,000 which
shall be available for the following purposes:
(1) For restoration of radar, and operation and maintenance
of radar, in the Bahamas.
(2) For operation and maintenance of ground-based radar at
Guantanamo Bay Naval Base, Cuba.
(b) Report.--Not later than January 31, 1999, the Secretary of
Defense, in conjunction with the Director of Central Intelligence, shall
submit to the Committee on National Security, the Committee on
International Relations, and the Permanent Select Committee on
Intelligence of the House of Representatives and the Committee on Armed
Services, the Committee on Foreign Relations, and the Select Committee
on Intelligence of the Senate a report examining the options available
to the United States for improving Relocatable Over the Horizon (ROTHR)
capability to provide enhanced radar coverage of narcotics source zone
countries in South America and transit zones in the Eastern Pacific. The
report shall include--
(1) a discussion of the need and costs associated with the
establishment of a proposed fourth ROTHR site located in the
source or transit zones; and
(2) an assessment of the intelligence specific issues raised
if such a ROTHR facility were to be established in conjunction
with a foreign government.
SEC. 812. EXPANSION OF COAST GUARD DRUG INTERDICTION.
(a) Operating Expenses.--For operating expenses of the Coast Guard
associated with expansion of drug interdiction activities around Puerto
Rico, the United States Virgin Islands, and other transit zone areas of
operation, there is authorized to be appropriated to the Secretary of
Transportation $151,500,000 for each of fiscal years 1999, 2000, and
2001. Such amounts shall include (but are not limited to) amounts for
the following:
(1) For deployment of intelligent acoustic detection buoys
in the Florida Straits and Bahamas.
(2) For a nonlethal technology program to enhance
countermeasures against the threat of transportation of drugs by
so-called Go-Fast boats.
(b) Acquisition, Construction, and Improvement.--
(1) In general.--For acquisition, construction, and
improvement of facilities and equipment to be used for expansion
of Coast Guard drug interdiction activities, there is authorized
to be appropriated to the Secretary of Transportation for fiscal
year 1999 the total amount of $630,300,000 which shall be
available for the following purposes:
(A) For maritime patrol aircraft sensors.
(B) For acquisition of deployable pursuit boats.
(C) For the acquisition and construction of up to 15
United States Coast Guard Coastal Patrol Boats.
(D) For--
(i) the reactivation of up to 3 United States
Coast Guard HU-25 Falcon jets;
(ii) the procurement of up to 3 C-37A
aircraft; or
(iii) the procurement of up to 3 C-20H
aircraft.
[[Page 112 STAT. 2681-698]]
(E) For acquisition of installed or deployable
electronic sensors and communications systems for Coast
Guard Cutters.
(F) For acquisition and construction of facilities
and equipment to support regional and international law
enforcement training and support in Puerto Rico, the
United States Virgin Islands, and the Caribbean Basin.
(G) For acquisition or conversion of maritime patrol
aircraft.
(H) For acquisition or conversion of up to 2 vessels
to be used as Coast Guard Medium or High Endurance
Cutters.
(I) For acquisition or conversion of up to 2 vessels
to be used as Coast Guard Cutters as support, command,
and control platforms for drug interdiction operations.
(J) For acquisition of up to 6 Coast Guard Medium
Endurance Cutters.
(2) Continued availability.--Amounts appropriated under this
subsection may remain available until expended.
(c) Requirement To Accept Patrol Craft From Department of Defense.--
The Secretary of Transportation shall accept, for use by the Coast Guard
for expanded drug interdiction activities, 7 PC-170 patrol craft if
offered by the Department of Defense.
SEC. 813. EXPANSION OF AIRCRAFT COVERAGE AND OPERATION IN SOURCE AND
TRANSIT COUNTRIES.
(a) Department of the Treasury.--Funds are authorized to be
appropriated for the Department of the Treasury for fiscal years 1999,
2000, and 2001 for the enhancement of air coverage and operation for
drug source and transit countries in the total amount of $886,500,000
which shall be available for the following purposes:
(1) For procurement of 10 P-3B Early Warning aircraft for
the United States Customs Service to enhance overhead air
coverage of drug source zone countries.
(2) For the procurement and deployment of 10 P-3B Slick
airplanes for the United States Customs Service to enhance
overhead air coverage of the drug source zone.
(3) In fiscal years 2000 and 2001, for operation and
maintenance of 10 P-3B Early Warning aircraft for the United
States Customs Service to enhance overhead air coverage of drug
source zone countries.
(4) For personnel for the 10 P-3B Early Warning aircraft for
the United States Customs Service to enhance overhead air
coverage of drug source zone countries.
(5) In fiscal years 2000 and 2001, for operation and
maintenance of 10 P-3B Slick airplanes for the United States
Customs Service to enhance overhead coverage of the drug source
zone.
(6) For personnel for the 10 P-3B Slick airplanes for the
United States Customs Service to enhance overhead air coverage
of drug source zone countries.
(7) For construction and furnishing of an additional
facility for the P-3B aircraft.
(8) For operation and maintenance for overhead air coverage
for source countries.
(9) For operation and maintenance for overhead coverage for
the Caribbean and Eastern Pacific regions.
[[Page 112 STAT. 2681-699]]
(10) For purchase and for operation and maintenance of 3 RU-
38A observation aircraft (to be piloted by pilots under contract
with the United States).
(b) Report.--Not later than January 31, 1999, the Secretary of
Defense, in consultation with the Secretary of State and the Director of
Central Intelligence, shall submit to the Committee on National
Security, the Committee on International Relations, and the Permanent
Select Committee on Intelligence of the House of Representatives and to
the Committee on Armed Services, the Committee on Foreign Relations, and
the Select Committee on Intelligence of the Senate a report examining
the options available in the source and transit zones to replace Howard
Air Force Base in Panama and specifying the requirements of the United
States to establish an airbase or airbases for use in support of
counternarcotics operations to optimize operational effectiveness in the
source and transit zones. The report shall identify the following:
(1) The specific requirements necessary to support the
national drug control policy of the United States.
(2) The estimated construction, operation, and maintenance
costs for a replacement counterdrug airbase or airbases in the
source and transit zones.
(3) Possible interagency cost sharing arrangements for a
replacement airbase or airbases.
(4) Any legal or treaty-related issues regarding the
replacement airbase or airbases.
(5) A summary of completed alternative site surveys for the
airbase or airbases.
(c) Transfer of Aircraft.--The Secretary of the Navy shall transfer
to the United States Customs Service--
(1) ten currently retired and previously identified
heavyweight P-3B aircraft for modification into P-3 AEW&C
aircraft; and
(2) ten currently retired and previously identified
heavyweight P-3B aircraft for modification into P-3 Slick
aircraft.
Subtitle B--Enhanced Eradication and Interdiction Strategy in Source
Countries
SEC. 821. ADDITIONAL ERADICATION RESOURCES FOR COLOMBIA.
(a) Department of State.--Funds are authorized to be appropriated
for the Department of State for fiscal years 1999, 2000, and 2001 for
the enhancement of drug-related eradication efforts in Colombia in the
total amount of $201,250,000 which shall be available for the following
purposes:
(1) For each such fiscal year for sustaining support of the
helicopters and fixed wing fleet of the national police of
Colombia.
(2) For the purchase of DC-3 transport aircraft for the
national police of Colombia.
(3) For acquisition of resources needed for prison security
in Colombia.
(4) For the purchase of minigun systems for the national
police of Colombia.
(5) For the purchase of 6 UH-60L Black Hawk utility
helicopters for the national police of Colombia and for
operation, maintenance, and training relating to such
helicopters.
[[Page 112 STAT. 2681-700]]
(6) For procurement, for upgrade of 50 UH-1H helicopters to
the Huey II configuration equipped with miniguns for the use of
the national police of Colombia.
(7) For the repair and rebuilding of the antinarcotics base
in southern Colombia.
(8) For providing sufficient and adequate base and force
security for any rebuilt facility in southern Colombia, and the
other forward operating antinarcotics bases of the Colombian
National Police antinarcotics unit.
<> (b) Counternarcotics Assistance.--
(1) Limitation on provision of assistance.--Except as
provided in paragraph (2), United States counternarcotics
assistance may not be provided for the Government of Colombia
under this title or under any other provision of law on or after
the date of enactment of this Act if the Government of Colombia
negotiates or permits the establishment of any demilitarized
zone in which the eradication of drug production by the security
forces of Colombia, including the Colombian National Police
antinarcotics unit, is prohibited.
(2) Exception.--If the Government of Colombia negotiates or
permits the establishment of a demilitarized zone described in
paragraph (1), United States counternarcotics assistance may be
provided for the Government of Colombia for a period of up to 90
consecutive days upon a finding by the President that providing
such assistance is in the national interest of the United
States.
(3) Notification.--In each case in which counternarcotics
assistance is provided for the Government of Colombia as a
result of a finding by the President described in paragraph (2),
the President shall notify the Committees on Appropriations and
the authorizing committees of jurisdiction of the House of
Representatives and the Senate not later than 5 days after such
assistance is provided.
SEC. 822. ADDITIONAL ERADICATION RESOURCES FOR PERU.
(a) Department of State.--Funds are authorized to be appropriated
for the Department of State for fiscal years 1999, 2000, and 2001 for
the establishment of a third drug interdiction site in Peru to support
air bridge and riverine missions for enhancement of drug-related
eradication efforts in Peru, in the total amount of $3,000,000, and an
additional amount of $1,000,000 for each of fiscal years 2000 and 2001
for operation and maintenance.
(b) Department of Defense Study.--The Secretary of Defense shall
conduct a study of Peruvian counternarcotics air interdiction
requirements and, not later than 90 days after the date of enactment of
this Act, submit to Congress a report on the results of the study. The
study shall include a review of the Peruvian Air Force's current and
future requirements for counternarcotics air interdiction to complement
the Peruvian Air Force's A-37 capability.
SEC. 823. ADDITIONAL ERADICATION RESOURCES FOR BOLIVIA.
Funds are authorized to be appropriated for the Department of State
for fiscal years 1999, 2000, and 2001 for enhancement of drug-related
eradication efforts in Bolivia in the total amount of $17,000,000 which
shall be available for the following purposes:
(1) For support of air operations in Bolivia.
(2) For support of riverine operations in Bolivia.
(3) For support of coca eradication programs.
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