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SEC. 637. Section 626(b) of the Treasury, Postal Serv-
ice, and General Government Appropriations Act, 1997, as
contained in section 101(f) of Public Law 104–208 (110
Stat. 3009–360), the Omnibus Appropriations Act, 1997,
is amended to read as follows: ‘‘(b) Until September 30,
1999, or until the end of the current FTS 2000 contracts,
whichever is earlier, subsection (a) shall continue to apply
to the use of the funds appropriated by this or any other
Act.’’.
SEC. 638. (a) In this section the term ‘‘agency’’—
(1) means an Executive agency as defined under
section 105 of title 5, United States Code;
(2) includes a military department as defined
under section 102 of such title, the Postal Service, and
the Postal Rate Commission; and
(3) shall not include the General Accounting Of-
fice.
(b) Unless authorized in accordance with law or regu-
lations to use such time for other purposes, an employee
of an agency shall use official time in an honest effort to
perform official duties. An employee not under a leave sys-
tem, including a Presidential appointee exempted under
section 6301(2) of title 5, United States Code, has an obliga-
tion to expend an honest effort and a reasonable proportion
of such employee’s time in the performance of official duties.
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SEC. 639. For purposes of each provision of law
amended by section 704(a)(2) of the Ethics Reform Act of
1989 (5 U.S.C. 5318 note), no adjustment under section
5303 of title 5, United States Code, shall be considered to
have taken effect in fiscal year 1999 in the rates of basic
pay for the statutory pay systems.
SEC. 640. Notwithstanding any other provision of law,
no part of any funds provided by this Act or any other
Act beginning in fiscal year 1999 and thereafter shall be
available for paying Sunday premium pay to any employee
unless such employee actually performed work during the
time corresponding to such premium pay.
SEC. 641. Notwithstanding any other provision of law,
the Secretary of the Treasury is authorized to, upon submis-
sion of proper documentation (as determined by the Sec-
retary), reimburse importers of large capacity military
magazine rifles as defined in the Treasury Department’s
April 6, 1998 ‘‘Study on the Sporting Suitability of Modi-
fied Semiautomatic Assault Rifles’’, for which authority
had been granted to import such firearms into the United
States on or before November 14, 1997, and released under
bond to the importer by the U.S. Customs Service on or
before February 10, 1998: Provided, That the importer
abandons title to the firearms to the United States: Pro-
vided further, That reimbursements are submitted to the
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Secretary for his approval within 120 days of enactment
of this provision. In no event shall reimbursements under
this provision exceed the importers cost for the weapons,
plus any shipping, transportation, duty, and storage costs
related to the importation of such weapons. Money made
available for expenditure under 31 U.S.C. section 1304(a)
in an amount not to exceed $1,000,000 shall be available
for reimbursements under this provision: Provided, That ac-
cepting the compensation provided under this provision is
final and conclusive and constitutes a complete release of
any and all claims, demands, rights, and causes of action
whatsoever against the United States, its agencies, officers,
or employees arising from the denial by the Department
of the Treasury of the entry of such firearms into the United
States. Such compensation is not otherwise required by law
and is not intended to create or recognize any legally en-
forceable right to any person.
SEC. 642. The Federal Acquisition Regulation shall be
revised, within 180 days after the date of enactment of this
Act, to include the use of forced or indentured child labor
in mining, production, or manufacturing as a cause on the
lists of causes for debarment and suspension from contract-
ing with executive agencies that are set forth in the regula-
tion.
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SEC. 643. (a) The adjustment in rates of basic pay
for the statutory pay systems that takes effect in fiscal year
1999 under section 5303 and 5304 of title 5, United States
Code, shall be an increase of 3.6 percent.
(b) Funds used to carry out this section shall be paid
from appropriations which are made to each applicable de-
partment or agency for salaries and expenses for fiscal year
1999.
SEC. 644. FEDERAL FIREFIGHTERS OVERTIME PAY
REFORM ACT OF 1998. (a) IN GENERAL.—Subchapter V
of chapter 55 of title 5, United States Code, is amended—
(1) in section 5542 by adding at the end the fol-
lowing new subsection:
‘‘(f) In applying subsection (a) of this section with re-
spect to a firefighter who is subject to section 5545b—
‘‘(1) such subsection shall be deemed to apply to
hours of work officially ordered or approved in excess
of 106 hours in a biweekly pay period, or, if the agen-
cy establishes a weekly basis for overtime pay com-
putation, in excess of 53 hours in an administrative
workweek; and
‘‘(2) the overtime hourly rate of pay is an
amount equal to one and one-half times the hourly
rate of basic pay under section 5545b (b)(1)(A) or
(c)(1)(B), as applicable, and such overtime hourly
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rate of pay may not be less than such hourly rate of
basic pay in applying the limitation on the overtime
rate provided in paragraph (2) of such subsection
(a).’’; and
(2) by inserting after section 5545a the following
new section:
‘‘§ 5545b. Pay for firefighters
‘‘(a) This section applies to an employee whose posi-
tion is classified in the firefighter occupation in conform-
ance with the GS–081 standard published by the Office of
Personnel Management, and whose normal work schedule,
as in effect throughout the year, consists of regular tours
of duty which average at least 106 hours per biweekly pay
period.
‘‘(b)(1) If the regular tour of duty of a firefighter sub-
ject to this section generally consists of 24-hour shifts, rather
than a basic 40-hour workweek (as determined under regu-
lations prescribed by the Office of Personnel Management),
section 5504(b) shall be applied as follows in computing
pay—
‘‘(A) paragraph (1) of such section shall be
deemed to require that the annual rate be divided by
2756 to derive the hourly rate; and
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‘‘(B) the computation of such firefighter’s daily,
weekly, or biweekly rate shall be based on the hourly
rate under subparagraph (A);
‘‘(2) For the purpose of sections 5595(c), 5941,
8331(3), and 8704(c), and for such other purposes as may
be expressly provided for by law or as the Office of Person-
nel Management may by regulation prescribe, the basic pay
of a firefighter subject to this subsection shall include an
amount equal to the firefighter’s basic hourly rate (as com-
puted under paragraph (1)(A)) for all hours in such fire-
fighter’s regular tour of duty (including overtime hours).
‘‘(c)(1) If the regular tour of duty of a firefighter sub-
ject to this section includes a basic 40-hour workweek (as
determined under regulations prescribed by the Office of
Personnel Management), section 5504(b) shall be applied as
follows in computing pay—
‘‘(A) the provisions of such section shall apply to
the hours within the basic 40-hour workweek;
‘‘(B) for hours outside the basic 40-hour work-
week, such section shall be deemed to require that the
hourly rate be derived by dividing the annual rate by
2756; and
‘‘(C) the computation of such firefighter’s daily,
weekly, or biweekly rate shall be based on subpara-
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hourly rate of pay for such firefighter shall in all cases be
an amount equal to one and one-half times the firefighter’s
hourly rate of basic pay under subsection (b)(1)(A) or
(c)(1)(B) of this section, as applicable.
‘‘(3) The Office of Personnel Management may pre-
scribe regulations, with respect to firefighters subject to this
section, that would permit an agency to reduce or eliminate
the variation in the amount of firefighters’ biweekly pay
caused by work scheduling cycles that result in varying
hours in the regular tours of duty from pay period to pay
period. Under such regulations, the pay that a firefighter
would otherwise receive for regular tours of duty over the
work scheduling cycle shall, to the extent practicable, re-
main unaffected.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The
table of sections for chapter 55 of title 5, United States
Code, is amended by inserting after the item relating to
section 5545a the following:
‘‘5545b. Pay for firefighters.’’.
(c) TRAINING.—Section 4109 of title 5, United States
Code, is amended by adding at the end the following new
subsection:
‘‘(d) Notwithstanding subsection (a)(1), a firefighter
who is subject to section 5545b of this title shall be paid
basic pay and overtime pay for the firefighter’s regular tour
of duty while attending agency sanctioned training.’’.
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(d) INCLUSION IN BASIC PAY FOR FEDERAL RETIRE-
MENT.—Section 8331(3) of title 5, United States Code, is
amended—
(1) by striking ‘‘and’’ after subparagraph (D);
(2) by redesignating subparagraph (E) as sub-
paragraph (G);
(3) by inserting the following:
‘‘(E) with respect to a criminal investiga-
tor, availability pay under section 5545a of this
title;
‘‘(F) pay as provided in section 5545b
(b)(2) and (c)(2); and ’’; and
(4) by striking ‘‘subparagraphs (B), (C), (D),
and (E)’’ and inserting ‘‘subparagraphs (B) through
(G)’’.
(e) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the first day of the first applica-
ble pay period which begins on or after the later of October
1, 1998, or the 180th day following the date of enactment
of this section.
(f) REGULATIONS.—Under regulations prescribed by
the Office of Personnel Management, a firefighter subject to
section 5545b of title 5, United States Code, as added by
this section, whose regular tours of duty average 60 hours
or less per workweek and do not include a basic 40-hour
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workweek, shall, upon implementation of this section, be
granted an increase in basic pay equal to 2 step-increases
of the applicable General Schedule grade, and such increase
shall not be an equivalent increase in pay. If such increase
results in a change to a longer waiting period for the fire-
fighter’s next step increase, the firefighter shall be credited
with an additional year of service for the purpose of such
waiting period. If such increase results in a rate of basic
pay which is above the maximum rate of the applicable
grade, such resulting pay rate shall be treated as a retained
rate of basic pay in accordance with section 5363 of title
5, United States Code.
(g) NO REDUCTION IN REGULAR PAY.—Under regula-
tions prescribed by the Office of Personnel Management, the
regular pay (over the established work scheduling cycle) of
a firefighter subject to section 5545b of title 5, United States
Code, as added by this section, shall not be reduced as a
result of the implementation of this section.
SEC. 645. INTERNATIONAL MAIL REPORTING RE-
QUIREMENT. (a) IN GENERAL.—Chapter 36 of title 39,
United States Code, is amended by adding after section
3662 the following:
‘‘§ 3663. Annual report on international services
‘‘(a) Not later than July 1 of each year, the Postal
Rate Commission shall transmit to each House of Congress
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a comprehensive report of the costs, revenues, and volumes
accrued by the Postal Service in connection with mail mat-
ter conveyed between the United States and other countries
for the previous fiscal year.
‘‘(b) Not later than March 15 of each year, the Postal
Service shall provide to the Postal Rate Commission such
data as the Commission may require to prepare the report
required under subsection (a) of this section. Data shall be
provided in sufficient detail to enable the Commission to
analyze the costs, revenues, and volumes for each inter-
national mail product or service, under the methods deter-
mined appropriate by the Commission for the analysis of
rates for domestic mail.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The
table of sections for chapter 63 of title 39, United States
Code, is amended by adding after the item relating to sec-
tion 3662 the following:
‘‘3663. Annual report on international services.’’.
SEC. 646. CHILD CARE SERVICES FOR FEDERAL EM-
PLOYEES. (a) IN GENERAL.—An Executive agency which
provides or proposes to provide child care services for Fed-
eral employees may use agency funds to provide child care,
in a Federal or leased facility, or through contract, for civil-
ian employees of such agency.
(b) AFFORDABILITY.—Amounts provided under sub-
section (a) with respect to any facility or contractor de-
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scribed in such subsection shall be applied to improve the
affordability of child care for lower income Federal employ-
ees using or seeking to use the child care services offered
by such facility or contractor.
(c) REGULATIONS.—The Office of Personnel Manage-
ment and the General Services Administration shall, within
180 days after the date of enactment of this Act, issue regu-
lations necessary to carry out this section.
(d) DEFINITION.—For purposes of this section, the
term ‘‘Executive agency’’ has the meaning given such term
by section 105 of title 5, United States Code, but does not
include the General Accounting Office.
SEC. 647. EXTENSION OF SUNSET PROVISION. Section
2(f)(2) of the Undetectable Firearms Act of 1988 (18 U.S.C.
922 note) is amended by striking ‘‘(2)’’ and all that follows
through ‘‘10 years’’ and inserting the following:
‘‘(2) SUNSET.—Effective 15 years’’.
SEC. 648. SENSE OF CONGRESS THAT A POSTAGE
STAMP SHOULD BE ISSUED HONORING OSKAR SCHINDLER.
(a) FINDINGS.—
(1) Since during the Nazi occupation of Poland,
Oskar Schindler personally risked his life and that of
his wife to provide food and medical care and saved
the lives of over 1,000 Jews from death, many of
whom later made their homes in the United States.
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(2) Since Oskar Schindler also rescued about 100
Jewish men and women from the Golezow concentra-
tion camp, who lay trapped and partly frozen in 2
sealed train cars stranded near Brunnlitz.
(3) Since millions of Americans have been made
aware of the story of Schindler’s bravery.
(4) Since on April 28, 1962, Oskar Schindler
was named a ‘‘Righteous Gentile’’ by Yad Vashem.
(5) Since Oskar Schindler is a true hero and hu-
manitarian deserving of honor by the United States
Government.
(b) SENSE OF CONGRESS.—It is the sense of the Con-
gress that the Postal Service should issue a stamp honoring
the life of Oskar Schindler.
SEC. 649. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative ex-
penses in connection with any health plan under the Fed-
eral employees health benefit program which provides any
benefits or coverage for abortions.
SEC. 650. The provision of section 649 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an
act of rape or incest.
SEC. 651. (a) None of the funds appropriated by this
Act may be expended by the Office of Personnel Manage-
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SEC. 653. ASSESSMENT OF FEDERAL REGULATIONS
AND POLICIES ON FAMILIES. (a) PURPOSES.—The purposes
of this section are to—
(1) require agencies to assess the impact of pro-
posed agency actions on family well-being; and
(2) improve the management of executive branch
agencies.
(b) DEFINITIONS.—In this section—
(1) the term ‘‘agency’’ has the meaning given the
term ‘‘Executive agency’’ by section 105 of title 5,
United States Code, except such term does not include
the General Accounting Office; and
(2) the term ‘‘family’’ means—
(A) a group of individuals related by blood,
marriage, adoption, or other legal custody who
live together as a single household; and
(B) any individual who is not a member of
such group, but who is related by blood, mar-
riage, or adoption to a member of such group,
and over half of whose support in a calendar
year is received from such group.
(c) FAMILY POLICYMAKING ASSESSMENT.—Before im-
plementing policies and regulations that may affect family
well-being, each agency shall assess such actions with re-
spect to whether—
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(1) the action strengthens or erodes the stability
or safety of the family and, particularly, the marital
commitment;
(2) the action strengthens or erodes the authority
and rights of parents in the education, nurture, and
supervision of their children;
(3) the action helps the family perform its func-
tions, or substitutes governmental activity for the
function;
(4) the action increases or decreases disposable
income or poverty of families and children;
(5) the proposed benefits of the action justify the
financial impact on the family;
(6) the action may be carried out by State or
local government or by the family; and
(7) the action establishes an implicit or explicit
policy concerning the relationship between the behav-
ior and personal responsibility of youth, and the
norms of society.
(d) GOVERNMENTWIDE FAMILY POLICY COORDINATION
AND REVIEW.—
(1) CERTIFICATION AND RATIONALE.—With re-
spect to each proposed policy or regulation that may
affect family well-being, the head of each agency
shall—
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(A) submit a written certification to the Di-
rector of the Office of Management and Budget
and to Congress that such policy or regulation
has been assessed in accordance with this section;
and
(B) provide an adequate rationale for im-
plementation of each policy or regulation that
may negatively affect family well-being.
(2) OFFICE OF MANAGEMENT AND BUDGET.—The
Director of the Office of Management and Budget
shall—
(A) ensure that policies and regulations
proposed by agencies are implemented consistent
with this section; and
(B) compile, index, and submit annually to
the Congress the written certifications received
pursuant to paragraph (1)(A).
(3) OFFICE OF POLICY DEVELOPMENT.—The Of-
fice of Policy Development shall—
(A) assess proposed policies and regulations
in accordance with this section;
(B) provide evaluations of policies and reg-
ulations that may affect family well-being to the
Director of the Office of Management and Budg-
et; and
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(C) advise the President on policy and regu-
latory actions that may be taken to strengthen
the institutions of marriage and family in the
United States.
(e) ASSESSMENTS UPON REQUEST BY MEMBERS OF
CONGRESS.—Upon request by a Member of Congress relat-
ing to a proposed policy or regulation, an agency shall con-
duct an assessment in accordance with subsection (c), and
shall provide a certification and rationale in accordance
with subsection (d).
(f) JUDICIAL REVIEW.—This section is not intended
to create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States,
its agencies, its officers, or any person.
SEC. 654. FAMILY WELL-BEING AND CHILDREN’S IM-
PACT STATEMENT. Consideration of any bill or joint resolu-
tion of a public character reported by any committee of the
Senate or of the House of Representatives that is accom-
panied by a committee report that does not contain a de-
tailed analysis of the probable impact of the bill or resolu-
tion on family well-being and on children, including wheth-
er such bill or joint resolution will increase the number of
children who are hungry or homeless, shall not be in order.
SEC. 655. ADDITIONAL PURCHASES OF OIL FOR THE
STRATEGIC PETROLEUM RESERVE. In response to histori-
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cally low prices for oil produced domestically and to build
national capacity for response to future energy supply
emergencies, the Secretary of Energy shall purchase and
transport an additional $420,000,000 of oil for the Strate-
gic Petroleum Reserve upon a determination by the Presi-
dent that current market conditions are imperiling domes-
tic oil production from marginal and small producers: Pro-
vided, That an official budget request for the purchase of
oil for the Strategic Petroleum Reserve and including a des-
ignation of the entire 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 in the preceding proviso is designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of such Act.
SEC. 656. POSTAGE STAMP HONORING THE ONE HUN-
DRED FIFTIETH ANNIVERSARY OF IRISH IMMIGRATION TO
THE UNITED STATES. (a) FINDINGS.—The Senate finds
that—
(1) more than 44,000,000 Americans trace their
ancestry to Ireland;
(2) of these 44,000,000, many are descended from
the nearly 2,000,000 Irish immigrants who were
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forced to flee Ireland during the ‘‘Great Hunger’’ of
1845–1850;
(3) those immigrants dedicated themselves to the
development of our Nation and contributed immensely
to it by helping to build our railroads, our canals,
our cities and our schools;
(4) 1998 marks the one hundred fiftieth anniver-
sary of the mass immigration of Irish immigrants to
America during the Irish Potato Famine;
(5) commemorating this tragic but defining epi-
sode in the history of American immigration would
be deserving of honor by the United States Govern-
ment.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that the United States Postal Service should issue a stamp
honoring the one hundred fiftieth anniversary of Irish im-
migration to the United States during the Irish Famine
of 1845–1850.
SEC. 657. POST OFFICE RELOCATIONS, CLOSINGS, AND
CONSOLIDATIONS. (a) SHORT TITLE.—This section may be
cited as the ‘‘Community and Postal Participation Act of
1998’’.
(b) GUIDELINES FOR RELOCATION, CLOSING, OR CON-
SOLIDATION OF POST OFFICES.—Section 404 of title 39,
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United States Code, is amended by striking subsection (b)
and inserting the following:
‘‘(b)(1) Before making a determination under sub-
section (a)(3) as to the necessity for the relocation, closing,
or consolidation of any post office, the Postal Service shall
provide adequate notice to persons served by that post office
of the intention of the Postal Service to relocate, close, or
consolidate that post office not later than 60 days before
the proposed date of that relocation, closing, or consolida-
tion.
‘‘(2)(A) The notification under paragraph (1) shall be
in writing, hand delivered or delivered by mail to persons
served by that post office, and published in 1 or more news-
papers of general circulation within the zip codes served
by that post office.
‘‘(B) The notification under paragraph (1) shall in-
clude—
‘‘(i) an identification of the relocation, closing,
or consolidation of the post office involved;
‘‘(ii) a summary of the reasons for the relocation,
closing, or consolidation; and
‘‘(iii) the proposed date for the relocation, clos-
ing, or consolidation.
‘‘(3) Any person served by the post office that is the
subject of a notification under paragraph (1) may offer an
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alternative relocation, consolidation, or closing proposal
during the 60-day period beginning on the date on which
the notice is provided under paragraph (1).
‘‘(4)(A) At the end of the period specified in paragraph
(3), the Postal Service shall make a determination under
subsection (a)(3). Before making a final determination, the
Postal Service shall conduct a hearing at the request of the
community served. Persons served by the post office that
is the subject of a notice under paragraph (1) may present
oral or written testimony with respect to the relocation,
closing, or consolidation of the post office.
‘‘(B) In making a determination as to whether or not
to relocate, close, or consolidate a post office, the Postal
Service shall consider—
‘‘(i) the extent to which the post office is part of
a core downtown business area;
‘‘(ii) any potential effect of the relocation, clos-
ing, or consolidation on the community served by the
post office;
‘‘(iii) whether the community served by the post
office opposes a relocation, closing, or consolidation;
‘‘(iv) any potential effect of the relocation, clos-
ing, or consolidation on employees of the Postal Serv-
ice employed at the post office;
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‘‘(v) whether the relocation, closing, or consolida-
tion of the post office is consistent with the policy of
the Government under section 101(b) that requires the
Postal Service to provide a maximum degree of effec-
tive and regular postal services to rural areas, com-
munities, and small towns in which post offices are
not self-sustaining;
‘‘(vi) the quantified long-term economic saving to
the Postal Service resulting from the relocation, clos-
ing, or consolidation;
‘‘(vii) whether postal officials engaged in nego-
tiations with persons served by the post office con-
cerning the proposed relocation, closing, or consolida-
tion;
‘‘(viii) whether management of the post office
contributed to a desire to relocate;
‘‘(ix)(I) the adequacy of the existing post office;
and
‘‘(II) whether all reasonable alternatives to relo-
cation, closing, or consolidation have been explored;
and
‘‘(x) any other factor that the Postal Service de-
termines to be necessary for making a determination
whether to relocate, close, or consolidate that post of-
fice.
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‘‘(5)(A) Any determination of the Postal Service to re-
locate, close, or consolidate a post office shall be in writing
and shall include the findings of the Postal Service with
respect to the considerations required to be made under
paragraph (4).
‘‘(B) The Postal Service shall respond to all of the al-
ternative proposals described in paragraph (3) in a consoli-
dated report that includes—
‘‘(i) the determination and findings under sub-
paragraph (A); and
‘‘(ii) each alternative proposal and a response by
the Postal Service.
‘‘(C) The Postal Service shall make available to the
public a copy of the report prepared under subparagraph
(B) at the post office that is the subject of the report.
‘‘(6)(A) The Postal Service shall take no action to relo-
cate, close, or consolidate a post office until the applicable
date described in subparagraph (B).
‘‘(B) The applicable date specified in this subpara-
graph is—
‘‘(i) if no appeal is made under paragraph (7),
the end of the 60-day period specified in that para-
graph; or
‘‘(ii) if an appeal is made under paragraph (7),
the date on which a determination is made by the
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Commission under paragraph (7)(A), but not later
than 120 days after the date on which the appeal is
made.
‘‘(7)(A) A determination of the Postal Service to relo-
cate, close, or consolidate any post office may be appealed
by any person served by that post office to the Postal Rate
Commission during the 60-day period beginning on the
date on which the report is made available under para-
graph (5). The Commission shall review the determination
on the basis of the record before the Postal Service in the
making of the determination. The Commission shall make
a determination based on that review not later than 120
days after appeal is made under this paragraph.
‘‘(B) The Commission shall set aside any determina-
tion, findings, and conclusions of the Postal Service that
the Commission finds to be—
‘‘(i) arbitrary, capricious, an abuse of discretion,
or otherwise not in accordance with the law;
‘‘(ii) without observance of procedure required by
law; or
‘‘(iii) unsupported by substantial evidence on the
record.
‘‘(C) The Commission may affirm the determination
of the Postal Service that is the subject of an appeal under
subparagraph (A) or order that the entire matter that is
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the subject of that appeal be returned for further consider-
ation, but the Commission may not modify the determina-
tion of the Postal Service. The Commission may suspend
the effectiveness of the determination of the Postal Service
until the final disposition of the appeal.
‘‘(D) The provisions of sections 556 and 557, and
chapter 7 of title 5 shall not apply to any review carried
out by the Commission under this paragraph.
‘‘(E) A determination made by the Commission shall
not be subject to judicial review.
‘‘(8) In any case in which a community has in effect
procedures to address the relocation, closing, or consolida-
tion of buildings in the community, and the public partici-
pation requirements of those procedures are more stringent
than those provided in this subsection, the Postal Service
shall apply those procedures to the relocation, consolidation,
or closing of a post office in that community in lieu of ap-
plying the procedures established in this subsection.
‘‘(9) In making a determination to relocate, close, or
consolidate any post office, the Postal Service shall comply
with any applicable zoning, planning, or land use laws (in-
cluding building codes and other related laws of State or
local public entities, including any zoning authority with
jurisdiction over the area in which the post office is lo-
cated).
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‘‘(10) The relocation, closing, or consolidation of any
post office under this subsection shall be conducted in ac-
cordance with section 110 of the National Historic Preser-
vation Act (16 U.S.C. 470h–2).’’.
(c) POLICY STATEMENT.—Section 101(g) of title 39,
United States Code, is amended by adding at the end the
following: ‘‘In addition to taking into consideration the
matters referred to in the preceding sentence, with respect
to the creation of any new postal facility, the Postal Service
shall consider the potential effects of that facility on the
community to be served by that facility and the service pro-
vided by any facility in operation at the time that a deter-
mination is made whether to plan or build that facility.’’.
SEC. 658. DESIGNATION OF EUGENE J. MCCARTHY
POST OFFICE BUILDING. (a) IN GENERAL.—The building
of the United States Postal Service located at 180 East Kel-
logg Boulevard in Saint Paul, Minnesota, shall be known
and designated as the ‘‘Eugene J. McCarthy Post Office
Building’’.
(b) REFERENCES.—Any reference in a law, map, regu-
lation, document, paper, or other record of the United
States to the building referred to in subsection (a) shall be
deemed to be a reference to the ‘‘Eugene J. McCarthy Post
Office Building’’.
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SEC. 659. Within the amounts appropriated in this
Act, up to $20,300,000 may be transferred to the Acquisi-
tion, Construction, Improvements, and Related Expenses
account of the Federal Law Enforcement Training Center
for new construction.
SEC. 660. (a) DEFINITIONS.—In this section—
(1) the term ‘‘crime of violence’’ has the meaning
given that term in section 16 of title 18, United
States Code; and
(2) the term ‘‘law enforcement officer’’ means
any employee described in subparagraph (A), (B), or
(C) of section 8401(17) of title 5, United States Code;
and any special agent in the Diplomatic Security
Service of the Department of State.
(b) RULE OF CONSTRUCTION.—Notwithstanding any
other provision of law, for purposes of chapter 171 of title
28, United States Code, or any other provision of law relat-
ing to tort liability, a law enforcement officer shall be con-
strued to be acting within the scope of his or her office or
employment, if the officer takes reasonable action, including
the use of force, to—
(1) protect an individual in the presence of the
officer from a crime of violence;
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(2) provide immediate assistance to an individ-
ual who has suffered or who is threatened with bodily
harm; or
(3) prevent the escape of any individual who the
officer reasonably believes to have committed in the
presence of the officer a crime of violence.
TITLE VII—CHILD CARE IN FEDERAL FACILITIES
SEC. 701. SHORT TITLE. This title may be cited as
‘‘Quality Child Care for Federal Employees’’.
SEC. 702. PROVIDING QUALITY CHILD CARE IN FED-
ERAL FACILITIES. (a) DEFINITION.—In this section:
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of General Services.
(2) CHILD CARE ACCREDITATION ENTITY.—The
term ‘‘child care accreditation entity’’ means a non-
profit private organization or public agency that—
(A) is recognized by a State agency or by
a national organization that serves as a peer re-
view panel on the standards and procedures of
public and private child care or school accredit-
ing bodies; and
(B) accredits a facility to provide child care
on the basis of—
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(i) an accreditation or credentialing
instrument based on peer-validated re-
search;
(ii) compliance with applicable State
or local licensing requirements, as appro-
priate, for the facility;
(iii) outside monitoring of the facility;
and
(iv) criteria that provide assurances
of—
(I) use of developmentally appro-
priate health and safety standards at
the facility;
(II) use of developmentally appro-
priate educational activities, as an in-
tegral part of the child care program
carried out at the facility; and
(III) use of ongoing staff develop-
ment or training activities for the staff
of the facility, including related skills-
based testing.
(3) ENTITY SPONSORING A CHILD CARE FACIL-
ITY.—The term ‘‘entity sponsoring a child care facil-
ity’’ means a Federal agency that operates, or an en-
tity that enters into a contract or licensing agreement
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with a Federal agency to operate, a child care facility
primarily for the use of Federal employees.
(4) EXECUTIVE AGENCY.—The term ‘‘Executive
agency’’ has the meaning given the term in section
105 of title 5, United States Code, except that the
term—
(A) does not include the Department of De-
fense and the Coast Guard; and
(B) includes the General Services Adminis-
tration, with respect to the administration of a
facility described in paragraph (5)(B).
(5) EXECUTIVE FACILITY.—The term ‘‘executive
facility’’—
(A) means a facility that is owned or leased
by an Executive agency; and
(B) includes a facility that is owned or
leased by the General Services Administration on
behalf of a judicial office.
(6) FEDERAL AGENCY.—The term ‘‘Federal agen-
cy’’ means an Executive agency or a legislative office.
(7) JUDICIAL OFFICE.—The term ‘‘judicial of-
fice’’ means an entity of the judicial branch of the
Federal Government.
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(8) LEGISLATIVE FACILITY.—The term ‘‘legisla-
tive facility’’ means a facility that is owned or leased
by a legislative office.
(9) LEGISLATIVE OFFICE.—The term ‘‘legislative
office’’ means an entity of the legislative branch of the
Federal Government.
(10) STATE.—The term ‘‘State’’ has the meaning
given the term in section 658P of the Child Care and
Development Block Grant Act (42 U.S.C. 9858n).
(b) EXECUTIVE BRANCH STANDARDS AND COMPLI-
ANCE.—
(1) STATE
AND
LOCAL
LICENSING
REQUIRE-
MENTS.—
(A) IN GENERAL.—Any entity sponsoring a
child care facility in an executive facility shall—
(i) comply with child care standards
described in paragraph (2) that, at a mini-
mum, include applicable State or local li-
censing requirements, as appropriate, relat-
ed to the provision of child care in the State
or locality involved; or
(ii) obtain the applicable State or local
licenses, as appropriate, for the facility.
(B) COMPLIANCE.—Not later than 6 months
after the date of enactment of this Act—
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such a child care facility or entity directly, or
through an agreement with another Federal
agency or private entity, other than the Federal
agency for which the child care facility is pro-
viding services. If the Administrator determines,
on the basis of such an evaluation, that the child
care facility or entity is not in compliance with
the requirements, the Administrator shall notify
the Executive agency.
(B) EFFECT OF NONCOMPLIANCE.—On re-
ceipt of the notification of noncompliance issued
by the Administrator, the head of the Executive
agency shall—
(i) if the entity operating the child
care facility is the agency—
(I) not later than 2 business days
after the date of receipt of the notifica-
tion, correct any deficiencies that are
determined by the Administrator to be
life threatening or to present a risk of
serious bodily harm;
(II) develop and provide to the
Administrator a plan to correct any
other deficiencies in the operation of
the facility and bring the facility and
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entity into compliance with the re-
quirements not later than 4 months
after the date of receipt of the notifica-
tion;
(III) provide the parents of the
children receiving child care services at
the child care facility and employees of
the facility with a notification detail-
ing the deficiencies described in sub-
clauses (I) and (II) and actions that
will be taken to correct the deficiencies,
and post a copy of the notification in
a conspicuous place in the facility for
5 working days or until the deficiencies
are corrected, whichever is later;
(IV) bring the child care facility
and entity into compliance with the re-
quirements and certify to the Adminis-
trator that the facility and entity are
in compliance, based on an onsite eval-
uation of the facility conducted by an
independent entity with expertise in
child care health and safety; and
(V) in the event that deficiencies
determined by the Administrator to be
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life threatening or to present a risk of
serious bodily harm cannot be cor-
rected within 2 business days after the
date of receipt of the notification, close
the child care facility, or the affected
portion of the facility, until such defi-
ciencies are corrected and notify the
Administrator of such closure; and
(ii) if the entity operating the child
care facility is a contractor or licensee of
the Executive agency—
(I) require the contractor or li-
censee, not later than 2 business days
after the date of receipt of the notifica-
tion, to correct any deficiencies that
are determined by the Administrator to
be life threatening or to present a risk
of serious bodily harm;
(II) require the contractor or li-
censee to develop and provide to the
head of the agency a plan to correct
any other deficiencies in the operation
of the child care facility and bring the
facility and entity into compliance
with the requirements not later than 4
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months after the date of receipt of the
notification;
(III) require the contractor or li-
censee to provide the parents of the
children receiving child care services at
the child care facility and employees of
the facility with a notification detail-
ing the deficiencies described in sub-
clauses (I) and (II) and actions that
will be taken to correct the deficiencies,
and to post a copy of the notification
in a conspicuous place in the facility
for 5 working days or until the defi-
ciencies are corrected, whichever is
later;
(IV) require the contractor or li-
censee to bring the child care facility
and entity into compliance with the re-
quirements and certify to the head of
the agency that the facility and entity
are in compliance, based on an onsite
evaluation of the facility conducted by
an independent entity with expertise
in child care health and safety; and
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(V) in the event that deficiencies
determined by the Administrator to be
life threatening or to present a risk of
serious bodily harm cannot be cor-
rected within 2 business days after the
date of receipt of the notification, close
the child care facility, or the affected
portion of the facility, until such defi-
ciencies are corrected and notify the
Administrator of such closure, which
closure may be grounds for the imme-
diate termination or suspension of the
contract or license of the contractor or
licensee.
(C) COST REIMBURSEMENT.—The Executive
agency shall reimburse the Administrator for the
costs of carrying out subparagraph (A) for child
care facilities located in an executive facility
other than an executive facility of the General
Services Administration. If an entity is sponsor-
ing a child care facility for 2 or more Executive
agencies, the Administrator shall allocate the
costs of providing such reimbursement with re-
spect to the entity among the agencies in a fair
and equitable manner, based on the extent to
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which each agency is eligible to place children in
the facility.
(5) DISCLOSURE OF PRIOR VIOLATIONS TO PAR-
ENTS AND FACILITY EMPLOYEES.—The Administrator
shall issue regulations that require that each entity
sponsoring a child care facility in an Executive facil-
ity, upon receipt by the child care facility or the en-
tity (as applicable) of a request by any individual
who is a parent of any child enrolled at the facility,
a parent of a child for whom an application has been
submitted to enroll at the facility, or an employee of
the facility, shall provide to the individual—
(A) copies of all notifications of deficiencies
that have been provided in the past with respect
to the facility under clause (i)(III) or (ii)(III),
as applicable, of paragraph (4)(B); and
(B) a description of the actions that were
taken to correct the deficiencies.
(c) LEGISLATIVE BRANCH STANDARDS AND COMPLI-
ANCE.—
(1) STATE
AND
LOCAL
LICENSING
REQUIRE-
MENTS, HEALTH, SAFETY, AND FACILITY STANDARDS,
AND ACCREDITATION STANDARDS.—
(A) IN GENERAL.—The Chief Administra-
tive Officer of the House of Representatives shall
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issue regulations, approved by the Committee on
House Oversight of the House of Representatives,
governing the operation of the House of Rep-
resentatives Child Care Center. The Librarian of
Congress shall issue regulations, approved by the
appropriate House and Senate committees with
jurisdiction over the Library of Congress, govern-
ing the operation of the child care center located
at the Library of Congress. Subject to paragraph
(3), the head of a designated entity in the Senate
shall issue regulations, approved by the Commit-
tee on Rules and Administration of the Senate,
governing the operation of the Senate Employees’
Child Care Center.
(B) 
STRINGENCY.—The 
regulations 
de-
scribed in subparagraph (A) shall be no less
stringent in content and effect than the require-
ments of subsection (b)(1) and the regulations
issued by the Administrator under paragraphs
(2) and (3) of subsection (b), except to the extent
that appropriate administrative officers, with
the approval of the appropriate House or Senate
committees with oversight responsibility for the
centers, may jointly or independently determine,
for good cause shown and stated together with
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the regulations, that a modification of such regu-
lations would be more effective for the implemen-
tation of the requirements and standards de-
scribed in paragraphs (1), (2), and (3) of sub-
section (b) for child care facilities, and entities
sponsoring child care facilities, in the cor-
responding legislative facilities.
(2) EVALUATION AND COMPLIANCE.—
(A) ADMINISTRATION.—Subject to para-
graph (3), the Chief Administrative Officer of the
House of Representatives, the head of the des-
ignated Senate entity, and the Librarian of Con-
gress, shall have the same authorities and du-
ties—
(i) with respect to the evaluation of,
compliance of, and cost reimbursement for
child care facilities, and entities sponsoring
child care facilities, in the corresponding
legislative facilities as the Administrator
has under subsection (b)(4) with respect to
the evaluation of, compliance of, and cost
reimbursement for such facilities and enti-
ties sponsoring such facilities, in executive
facilities; and
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(ii) with respect to issuing regulations
requiring the entities sponsoring child care
facilities in the corresponding legislative fa-
cilities to provide notifications of defi-
ciencies and descriptions of corrective ac-
tions as the Administration has under sub-
section (b)(5) with respect to issuing regula-
tions requiring the entities sponsoring child
care facilities in executive facilities to pro-
vide notifications of deficiencies and de-
scriptions of corrective actions.
(B) ENFORCEMENT.—Subject to paragraph
(3), the Committee on House Oversight of the
House of Representatives and the Committee on
Rules and Administration of the Senate, as ap-
propriate, shall have the same authorities and
duties with respect to the compliance of and cost
reimbursement for child care facilities, and enti-
ties sponsoring child care facilities, in the cor-
responding legislative facilities as the head of an
Executive agency has under subsection (b)(4)
with respect to the compliance of and cost reim-
bursement for such facilities and entities spon-
soring such facilities, in executive facilities.
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(3) INTERIM STATUS.—Until such time as the
Committee on Rules and Administration of the Sen-
ate establishes, or the head of the designated Senate
entity establishes, standards described in paragraphs
(1), (2), and (3) of subsection (b) governing the oper-
ation of the Senate Employees’ Child Care Center,
such facility shall maintain current accreditation sta-
tus.
(d) APPLICATION.—Notwithstanding any other provi-
sion of this section, if 8 or more child care facilities are
sponsored in facilities owned or leased by an Executive
agency, the Administrator shall delegate to the head of the
agency the evaluation and compliance responsibilities as-
signed to the Administrator under subsection (b)(4)(A).
(e) TECHNICAL
ASSISTANCE, STUDIES, AND
RE-
VIEWS.—The Administrator may provide technical assist-
ance, and conduct and provide the results of studies and
reviews, for Executive agencies, and entities sponsoring
child care facilities in executive facilities, on a reimbursable
basis, in order to assist the entities in complying with this
section. The Chief Administrative Officer of the House of
Representatives, the Librarian of Congress, and the head
of the designated Senate entity described in subsection (c),
may provide technical assistance, and conduct and provide
the results of studies and reviews, or request that the Ad-
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ministrator provide technical assistance, and conduct and
provide the results of studies and reviews, for the cor-
responding legislative offices, and entities operating child
care facilities in the corresponding legislative facilities, on
a reimbursable basis, in order to assist the entities in com-
plying with this section.
(f) COUNCIL.—The Administrator shall establish an
interagency council, comprised of representatives of all Ex-
ecutive agencies described in subsection (d), a representative
of the Chief Administrative Officer of the House of Rep-
resentatives, a representative of the designated Senate entity
described in subsection (c), and a representative of the Li-
brarian of Congress, to facilitate cooperation and sharing
of best practices, and to develop and coordinate policy, re-
garding the provision of child care, including the provision
of areas for nursing mothers and other lactation support
facilities and services, in the Federal Government.
(g) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$900,000 for fiscal year 1999 and such sums as may be
necessary for each subsequent fiscal year.
SEC. 703. CHILD CARE SERVICES FOR FEDERAL EM-
PLOYEES. (a) IN GENERAL.—An Executive agency that pro-
vides or proposes to provide child care services for Federal
employees may use agency funds to provide the child care
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services, in a facility that is owned or leased by an Execu-
tive agency, or through a contractor, for civilian employees
of such agency.
(b) AFFORDABILITY.—Funds so used with respect to
any such facility or contractor shall be applied to improve
the affordability of child care for lower income Federal em-
ployees using or seeking to use the child care services offered
by such facility or contractor.
(c) REGULATIONS.—The Director of the Office of Per-
sonnel Management shall, within 180 days after the date
of enactment of this Act, issue regulations necessary to
carry out this section.
(d) DEFINITION.—For purposes of this section, the
term ‘‘Executive agency’’ has the meaning given such term
by section 105 of title 5, United States Code, but does not
include the General Accounting Office.
SEC. 704. MISCELLANEOUS PROVISIONS RELATING TO
CHILD CARE PROVIDED BY FEDERAL AGENCIES. (a) AVAIL-
ABILITY OF FEDERAL CHILD CARE CENTERS FOR ONSITE
CONTRACTORS; PERCENTAGE GOAL.—Section 616(a) of the
Act of December 22, 1987 (40 U.S.C. 490b), is amended—
(1) in subsection (a), by striking paragraphs (2)
and (3) and inserting the following:
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‘‘(2) such officer or agency determines that such
space will be used to provide child care and related
services to—
‘‘(A) children of Federal employees or onsite
Federal contractors; or
‘‘(B) dependent children who live with Fed-
eral employees or onsite Federal contractors; and
‘‘(3) such officer or agency determines that such
individual or entity will give priority for available
child care and related services in such space to Fed-
eral employees and onsite Federal contractors.’’; and
(2) by adding at the end the following:
‘‘(e)(1)(A) The Administrator of General Services shall
confirm that at least 50 percent of aggregate enrollment in
Federal child care centers governmentwide are children of
Federal employees or onsite Federal contractors, or depend-
ent children who live with Federal employees or onsite Fed-
eral contractors.
‘‘(B) Each provider of child care services at an indi-
vidual Federal child care center shall maintain 50 percent
of the enrollment at the center of children described under
subparagraph (A) as a goal for enrollment at the center.
‘‘(C) If enrollment at a center does not meet the per-
centage goal under subparagraph (B), the provider shall de-
velop and implement a business plan with the sponsoring
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Federal agency to achieve the goal within a reasonable time-
frame. Such plan shall be approved by the Administrator
of General Services based on—
‘‘(i) compliance of the plan with standards estab-
lished by the Administrator; and
‘‘(ii) the effect of the plan on achieving the ag-
gregate Federal enrollment percentage goal.
‘‘(2) The Administrator of General Services Adminis-
tration may enter into public-private partnerships or con-
tracts with nongovernmental entities to increase the capac-
ity, quality, affordability, or range of child care and related
services and may, on a demonstration basis, waive sub-
section (a)(3) and paragraph (1) of this subsection.’’.
(b) PAYMENT OF COSTS OF TRAINING PROGRAMS.—
Section 616(b)(3) of such Act (40 U.S.C. 490(b)(3)) is
amended to read as follows:
‘‘(3) If an agency has a child care facility in its space,
or is a sponsoring agency for a child care facility in other
Federal or leased space, the agency or the General Services
Administration may pay accreditation fees, including re-
newal fees, for that center to be accredited. Any agency, de-
partment, or instrumentality of the United States that pro-
vides or proposes to provide child care services for children
referred to in subsection (a)(2), may reimburse any Federal
employee or any person employed to provide such services
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for the costs of training programs, conferences, and meet-
ings and related travel, transportation, and subsistence ex-
penses incurred in connection with those activities. Any per
diem allowance made under this section shall not exceed
the rate specified in regulations prescribed under section
5707 of title 5, United States Code.’’.
(c) PROVISION OF CHILD CARE BY PRIVATE ENTI-
TIES.—Section 616(d) of such Act (40 U.S.C. 490b(d)) is
amended to read as follows:
‘‘(d)(1) If a Federal agency has a child care facility
in its space, or is a sponsoring agency for a child care facil-
ity in other Federal or leased space, the agency, the child
care center board of directors, or the General Services Ad-
ministration may enter into an agreement with 1 or more
private entities under which such private entities would as-
sist in defraying the general operating expenses of the child
care providers including salaries and tuition assistance
programs at the facility.
‘‘(2)(A) Notwithstanding any other provision of law,
if a Federal agency does not have a child care program,
or if the Administrator of General Services has identified
a need for child care for Federal employees at an agency
providing child care services that do not meet the require-
ments of subsection (a), the agency or the Administrator
may enter into an agreement with a non-Federal, licensed,
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and accredited child care facility, or a planned child care
facility that will become licensed and accredited, for the
provision of child care services for children of Federal em-
ployees.
‘‘(B) Before entering into an agreement, the head of
the Federal agency shall determine that child care services
to be provided through the agreement are more cost effec-
tively provided through such arrangement than through es-
tablishment of a Federal child care facility.
‘‘(C) The agency may provide any of the services de-
scribed in subsection (b)(3) if, in exchange for such services,
the facility reserves child care spaces for children referred
to in subsection (a)(2), as agreed to by the parties. The cost
of any such services provided by an agency to a child care
facility on behalf of another agency shall be reimbursed by
the receiving agency.
‘‘(3) This subsection does not apply to residential child
care programs.’’.
(d) PILOT PROJECTS.—Section 616 of such Act (40
U.S.C. 490b) is further amended by adding at the end the
following:
‘‘(f)(1) Upon approval of the agency head, an agency
may conduct a pilot project not otherwise authorized by law
for no more than 2 years to test innovative approaches to
providing alternative forms of quality child care assistance
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for Federal employees. An agency head may extend a pilot
project for an additional 2-year period. Before any pilot
project may be implemented, a determination shall be made
by the agency head that initiating the pilot project would
be more cost-effective than establishing a new child care fa-
cility. Costs of any pilot project shall be borne solely by
the agency conducting the pilot project.
‘‘(2) The Administrator of General Services shall serve
as an information clearinghouse for pilot projects initiated
by other agencies to disseminate information concerning the
pilot projects to the other agencies.
‘‘(3) Within 6 months after completion of the initial
2-year pilot project period, an agency conducting a pilot
project under this subsection shall provide for an evaluation
of the impact of the project on the delivery of child care
services to Federal employees, and shall submit the results
of the evaluation to the Administrator of General Services.
The Administrator shall share the results with other Federal
agencies.’’.
(e) BACKGROUND CHECK.—Section 616 of such Act
(40 U.S.C. 490b) is further amended by adding at the end
the following:
‘‘(g) Each child care center located in a federally
owned or leased facility shall ensure that each employee of
such center (including any employee whose employment
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began before the date of enactment of this subsection) shall
undergo a criminal history background check consistent
with section 3 of the National Child Protection Act of 1993
(42 U.S.C. 5119a).’’.
SEC. 705. REQUIREMENT
TO PROVIDE LACTATION
SUPPORT IN NEW FEDERAL CHILD CARE FACILITIES. (a)
DEFINITIONS.—In this section, the terms ‘‘Federal agency’’,
‘‘executive facility’’, and ‘‘legislative facility’’ have the
meanings given the terms in section 702.
(b) LACTATION SUPPORT.—The head of each Federal
agency shall require that each child care facility in an exec-
utive facility or a legislative facility that is first operated
after the 1-year period beginning on the date of enactment
of this Act by the Federal agency, or under a contract or
licensing agreement with the Federal agency, shall provide
reasonable accommodations for the needs of breast-fed in-
fants and their mothers, including providing a lactation
area or a room for nursing mothers in part of the operating
plan for the facility.
TITLE VIII—OFFICE OF NATIONAL DRUG
CONTROL POLICY REAUTHORIZATION
SEC. 801. SHORT TITLE. This title may be cited as
the ‘‘Office of National Drug Control Policy Reauthoriza-
tion Act of 1998’’.
SEC. 802. DEFINITIONS. In this title:
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(1) DEMAND
REDUCTION.—The term ‘‘demand
reduction’’ means any activity conducted by a Na-
tional Drug Control Program agency, other than an
enforcement activity, that is intended to reduce the
use of drugs, including—
(A) drug abuse education;
(B) drug abuse prevention;
(C) drug abuse treatment;
(D) drug abuse research;
(E) drug abuse rehabilitation;
(F) drug-free workplace programs; and
(G) drug testing.
(2) DIRECTOR.—The term ‘‘Director’’ means the
Director of National Drug Control Policy.
(3) DRUG.—The term ‘‘drug’’ has the meaning
given the term ‘‘controlled substance’’ in section
102(6) of the Controlled Substances Act (21 U.S.C.
802(6)).
(4) DRUG CONTROL.—The term ‘‘drug control’’
means any activity conducted by a National Drug
Control Program agency involving supply reduction
or demand reduction, including any activity to re-
duce the use of tobacco or alcoholic beverages by un-
derage individuals.
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(5) FUND.—The term ‘‘Fund’’ means the fund
established under section 803(d).
(6) NATIONAL DRUG CONTROL PROGRAM.—The
term ‘‘National Drug Control Program’’ means pro-
grams, policies, and activities undertaken by Na-
tional Drug Control Program agencies pursuant to
the responsibilities of such agencies under the Na-
tional Drug Control Strategy.
(7) NATIONAL DRUG CONTROL PROGRAM AGEN-
CY.—The term ‘‘National Drug Control Program
agency’’ means any department or agency of the Fed-
eral Government and all dedicated units thereof, with
responsibilities under the National Drug Control
Strategy, as designated by the President, or jointly by
the Director and the head of the department or agen-
cy.
(8) NATIONAL DRUG CONTROL STRATEGY.—The
term ‘‘National Drug Control Strategy’’ means the
strategy developed and submitted to Congress under
section 806.
(9) OFFICE.—Unless the context clearly impli-
cates otherwise, the term ‘‘Office’’ means the Office of
National Drug Control Policy established under sec-
tion 803(a).
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(D) domestic drug law enforcement, includ-
ing law enforcement directed at drug users.
SEC. 803. OFFICE OF NATIONAL DRUG CONTROL POL-
ICY. (a) ESTABLISHMENT OF OFFICE.—There is established
in the Executive Office of the President an Office of Na-
tional 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 pro-
grams; 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 CON-
TROL 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—
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(A) a Deputy Director for Demand Reduc-
tion, who shall be responsible for the activities
described in subparagraphs (A) through (G) of
section 802(1);
(B) a Deputy Director for Supply Reduc-
tion, who shall be responsible for the activities
described in subparagraphs (A) through (C) of
section 802(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 802(10).
(c) ACCESS BY CONGRESS.—The location of the Office
in the Executive Office of the President shall not be con-
strued 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 pos-
session 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 re-
ceipt of gifts, both real and personal, for the purpose
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of aiding or facilitating the work of the Office under
section 804(c).
(2) CONTRIBUTIONS.—The Office may accept,
hold, and administer contributions to the Fund.
(3) USE OF AMOUNTS DEPOSITED.—Amounts de-
posited in the Fund are authorized to be appro-
priated, to remain available until expended for au-
thorized purposes at the discretion of the Director.
SEC. 804. APPOINTMENT AND DUTIES OF DIRECTOR
AND DEPUTY DIRECTORS. (a) APPOINTMENT.—
(1) IN GENERAL.—The Director, the Deputy Di-
rector of National Drug Control Policy, the Deputy
Director for Demand Reduction, the Deputy Director
for Supply Reduction, and the Deputy Director for
State and Local Affairs, shall each be appointed by
the President, by and with the advice and consent of
the Senate, and shall serve at the pleasure of the
President. In appointing the Deputy Director for De-
mand Reduction under this paragraph, the President
shall take into consideration the scientific, edu-
cational or professional background of the individual,
and whether the individual has experience in the
fields of substance abuse prevention, education, or
treatment.
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(2) DUTIES OF DEPUTY DIRECTOR OF NATIONAL
DRUG CONTROL POLICY.—The Deputy Director of Na-
tional Drug Control Policy shall—
(A) carry out the duties and powers pre-
scribed 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 des-
ignate such other permanent employee of the Office to
serve as the Director, if the Director is absent or un-
able to serve.
(4) PROHIBITION.—No person shall serve as Di-
rector 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 ad-
vice 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 shall—
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(1) assist the President in the establishment of
policies, goals, objectives, and priorities for the Na-
tional Drug Control Program;
(2) promulgate the National Drug Control Strat-
egy and each report under section 806(b) in accord-
ance with section 806;
(3) coordinate and oversee the implementation
by the National Drug Control Program agencies of
the policies, goals, objectives, and priorities estab-
lished under paragraph (1) and the fulfillment of the
responsibilities of such agencies under the National
Drug Control Strategy;
(4) make such recommendations to the President
as the Director determines are appropriate regarding
changes in the organization, management, and budg-
ets of Federal departments and agencies engaged in
drug enforcement, and changes in the allocation of
personnel to and within those departments and agen-
cies, to implement the policies, goals, priorities, and
objectives established under paragraph (1) and the
National Drug Control Strategy;
(5) consult with and assist State and local gov-
ernments with respect to the formulation and imple-
mentation of National Drug Control Policy and their
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relations with the National Drug Control Program
agencies;
(6) 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) 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 notifi-
cation to the President, and maintain a copy of each
such notification;
(8) provide, by July 1 of each year, budget rec-
ommendations, including requests for specific initia-
tives that are consistent with the priorities of the
President under the National Drug Control Strategy,
to the heads of departments and agencies with respon-
sibilities under the National Drug Control Program,
which recommendations shall—
(A) apply to 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;
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(9) serve as the representative of the President in
appearing before Congress on all issues relating to the
National Drug Control Program;
(10) in any matter affecting national security
interests, work in conjunction with the Assistant to
the President for National Security Affairs; and
(11) serve as primary spokesperson of the Ad-
ministration on drug issues.
(c) NATIONAL DRUG CONTROL PROGRAM BUDGET.—
(1) RESPONSIBILITIES OF NATIONAL DRUG CON-
TROL 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.
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(B) SUBMISSION OF DRUG CONTROL BUDG-
ET REQUESTS.—The head of each National Drug
Control Program agency shall ensure timely de-
velopment 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 con-
currence of the Director of the Office of Manage-
ment and Budget.
(2) NATIONAL DRUG CONTROL PROGRAM BUDGET
PROPOSAL.—For each fiscal year, following the trans-
mission of proposed drug control budget requests to
the Director under paragraph (1), the Director shall,
in consultation with the head of each National Drug
Control Program agency—
(A) develop a consolidated National Drug
Control Program budget proposal designed to
implement the National Drug Control Strategy;
(B) submit the consolidated budget proposal
to the President; and
(C) after submission under subparagraph
(B), submit the consolidated budget proposal to
Congress.
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(3) REVIEW AND CERTIFICATION OF BUDGET RE-
QUESTS
AND
BUDGET
SUBMISSIONS
OF
NATIONAL
DRUG CONTROL PROGRAM AGENCIES.—
(A) IN GENERAL.—The Director shall re-
view 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 inad-
equate, 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 deter-
mination of the Director, make the request
adequate to implement those objectives.
(ii) ADEQUATE REQUESTS.—If the Di-
rector concludes that a budget request sub-
mitted under paragraph (1) is adequate to
implement the objectives of the National
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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 sub-
mitted under clause (i) and each statement
submitted under clause (ii).
(C) AGENCY RESPONSE.—
(i) IN GENERAL.—The head of a Na-
tional 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 Of-
fice 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 ap-
pendix to the budget submission for that
agency to the Office of Management and
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Budget an impact statement that summa-
rizes—
(I) the changes made to the budget
under this subparagraph; and
(II) the impact of those changes
on the ability of that agency to per-
form its other responsibilities, includ-
ing any impact on specific missions or
programs of the agency.
(iii) CONGRESSIONAL NOTIFICATION.—
The head of a National Drug Control Pro-
gram agency shall submit a copy of any
impact statement under clause (ii) to the
Senate and the House of Representatives at
the time the budget for that agency is sub-
mitted to Congress under section 1105(a) of
title 31, United States Code.
(D) CERTIFICATION
OF
BUDGET
SUBMIS-
SIONS.—
(i) IN GENERAL.—At the time a Na-
tional Drug Control Program agency sub-
mits its budget request to the Office of Man-
agement and Budget, the head of the Na-
tional Drug Control Program agency shall
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submit a copy of the budget request to the
Director.
(ii) CERTIFICATION.—The Director—
(I) shall review each budget sub-
mission submitted under clause (i);
and
(II) based on the review under
subclause (I), if the Director concludes
that the budget submission of a Na-
tional Drug Control Program agency
does not include the funding levels and
initiatives described under subpara-
graph (B)—
(aa) may issue a written de-
certification 
of 
that 
agency’s
budget; and
(bb) in the case of a decerti-
fication issued under item (aa),
shall submit to the Senate and the
House of Representatives a copy
of the—
(aaa) 
decertification
issued under item (aa);
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(bbb) 
the 
description
made under subparagraph
(B); and
(ccc) the budget rec-
ommendations made under
subsection (b)(8).
(4) 
REPROGRAMMING
AND
TRANSFER
RE-
QUESTS.—
(A) IN GENERAL.—No National Drug Con-
trol 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 un-
less the request has been approved by the Direc-
tor.
(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 sub-
section (b), the Director may—
(1) select, appoint, employ, and fix compensation
of such officers and employees of the Office as may be
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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 reim-
bursable basis, the available services, equipment, per-
sonnel, and facilities of Federal, State, and local
agencies;
(4) procure the services of experts and consult-
ants in accordance with section 3109 of title 5,
United States Code, relating to appointments in the
Federal Service, at rates of compensation for individ-
uals 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 prop-
erty from Federal, State, and local government agen-
cies, and from the private sector, as authorized in sec-
tion 803(d);
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(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;
(B) requesting assistance from the Inspector
General of the relevant agency in such audits
and evaluations; and
(C) commissioning studies and reports by a
National Drug Control Program agency, with
the concurrence of the head of the affected agen-
cy;
(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;
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(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 para-
graph may not exceed 2 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 that—
(i) have a higher priority than the pro-
grams or activities from which funds are
transferred; and
(ii) 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 and other
applicable committees of jurisdiction, a re-
programming or transfer request in advance
of any transfer under this paragraph in ac-
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cordance with the regulations of the affected
agency or agencies; and
(ii) annually submit to Congress a re-
port describing the effect of all transfers of
funds made pursuant to this paragraph or
subsection (c)(4) during the 12-month pe-
riod preceding the date on which the report
is submitted;
(9) issue to the head of a National Drug Control
Program agency a fund control notice described in
subsection (f) to ensure compliance with the National
Drug Control Program Strategy; and
(10) participate in the drug certification process
pursuant to section 490 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2291j).
(e) PERSONNEL DETAILED TO OFFICE.—
(1) EVALUATIONS.—Notwithstanding any provi-
sion of chapter 43 of title 5, United States Code, the
Director shall perform the evaluation of the perform-
ance of any employee detailed to the Office for pur-
poses 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.—
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(A) BONUS
PAYMENTS.—Notwithstanding
any other provision of law, the Director may
provide periodic bonus payments to any em-
ployee detailed to the Office.
(B) 
RESTRICTIONS.—An 
amount 
paid
under this paragraph to an employee for any pe-
riod—
(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 em-
ployee 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 Of-
fice) under subsection (d)(2) during any fiscal year
is—
(A) for the Department of Defense, 50; and
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(B) for any other department or agency, 10.
SEC. 805. COORDINATION WITH NATIONAL DRUG CON-
TROL PROGRAM AGENCIES IN DEMAND REDUCTION, SUP-
PLY REDUCTION, AND STATE AND LOCAL AFFAIRS. (a) AC-
CESS TO INFORMATION.—
(1) IN GENERAL.—Upon the request of the Direc-
tor, the head of any National Drug Control Program
agency shall cooperate with and provide to the Direc-
tor any statistics, studies, reports, and other informa-
tion 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
INFORMA-
TION.—
(A) IN GENERAL.—The authorities conferred
on the Office and the Director by this title shall
be exercised in a manner consistent with provi-
sions of the National Security Act of 1947 (50
U.S.C. 401 et seq.). The Director of Central In-
telligence shall prescribe such regulations as may
be necessary to protect information provided
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pursuant to this title regarding intelligence
sources and methods.
(B) DUTIES OF DIRECTOR.—The Director of
Central Intelligence shall, to the maximum ex-
tent practicable in accordance with subpara-
graph (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 cultiva-
tion in the United States.
(b) CERTIFICATION OF POLICY CHANGES TO DIREC-
TOR.—
(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 cer-
tify to the head of that agency in writing whether
such change is consistent with the National Drug
Control Strategy.
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(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 Pro-
gram.
(c) GENERAL SERVICES ADMINISTRATION.—The Ad-
ministrator of General Services shall provide to the Direc-
tor, in a reimbursable basis, such administrative support
services as the Director may request.
SEC. 806. DEVELOPMENT, SUBMISSION, IMPLEMENTA-
TION, AND ASSESSMENT
OF NATIONAL DRUG CONTROL
STRATEGY. (a) TIMING, CONTENTS, AND PROCESS FOR DE-
VELOPMENT AND SUBMISSION OF NATIONAL DRUG CON-
TROL STRATEGY.—
(1) TIMING.—Not later than February 1, 1998,
the President shall submit to Congress a National
Drug Control Strategy, which shall set forth a com-
prehensive plan, covering a period of not more than
10 years, for reducing drug abuse and the con-
sequences of drug abuse in the United States, by lim-
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iting the availability of and reducing the demand for
illegal drugs.
(2) CONTENTS.—
(A) IN GENERAL.—The National Drug Con-
trol 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 measur-
able objectives to accomplish long-term
quantifiable goals that the Director deter-
mines may be realistically 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 State, local, and pri-
vate sector drug control activities to ensure
that the United States pursues well-coordi-
nated and effective drug control at all levels
of government.
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daughter, the son or daughter shall be required
to establish that he or she has been physically
present in the United States for a continuous pe-
riod beginning not later than December 31,
1995, and ending not earlier than the date the
application for such adjustment is filed;
(C) the alien applies for such adjustment
and is physically present in the United States on
the date the application is filed; and
(D) the alien is otherwise admissible to the
United States for permanent residence, except
that, in determining such admissibility, the
grounds for inadmissibility specified in para-
graphs (4), (5), (6)(A), (7)(A), and (9)(B) of sec-
tion 212(a) of the Immigration and Nationality
Act shall not apply.
(2) PROOF
OF
CONTINUOUS
PRESENCE.—For
purposes of establishing the period of continuous
physical presence referred to in paragraph (1)(B), an
alien shall not be considered to have failed to main-
tain continuous physical presence by reason of an ab-
sence, or absences, from the United States for any pe-
riod or periods amounting in the aggregate to not
more than 180 days.