TITLE I—FOOD AND DRUG
ADMINISTRATION FEES
SEC. 101. REFERENCES IN THIS TITLE.
Whenever in this title an amendment or repeal is ex-
pressed in terms of an amendment to, a repeal of, a sec-
tion or other provision, the reference shall be considered
to be made to a section or other provision of the Federal
Food, Drug, and Cosmetic Act.
PART A—USER FEES
SEC. 111. FEES RELATED TO FOOD ADDITIVE PETITIONS.
(a) TYPES OF FEES.—Beginning in fiscal year 1999,
the Secretary of Health and Human Services (referred to
in this title as the ‘‘Secretary’’) shall establish, in accord-
ance with section 121, fees to cover activities of the Food
and Drug Administration in connection with—
(1) petitions for food additives submitted pursu-
ant to section 409(b) (21 U.S.C. 438(b));
(2) notifications to the Secretary for food con-
tact substances submitted pursuant to section
409(h) (21 U.S.C. 438(h));
(3) petitions for color additives submitted pur-
suant to section 721 (21 U.S.C. 379e);
(4) petitions, submitted pursuant to sections
201(s), and 701(a) (21 U.S.C. 321(s), 371(a)) and
regulations thereunder, for affirmation that a sub-
stance that becomes, or may reasonably be expected
to become, a component of food is generally recog-
nized as safe; and
(5) notifications to the Secretary, submitted
pursuant to sections 201(s) and 701(a) and regula-
tions thereunder asserting that a substance that be-
comes, or may reasonably be expected to become, a
component of food is generally recognized as safe.
The fees shall be payable at the time the petition or notifi-
cation is submitted to the Secretary.
(b) FEE AMOUNTS AND AVAILABILITY.—Subject to
section 121(a)(1)(A), fees for the activities specified in
subsection (a) shall be set for each fiscal year at amounts
that the Secretary reasonably estimates to be sufficient
to generate revenues totaling $10,335,000 for each of fis-
cal years 1999 through 2003, and shall remain available
until expended, to the extent provided in appropriations
Acts, for the costs of carrying out such activities.
SEC. 112. FEES RELATED TO GENERIC DRUGS.
(a) TYPES OF FEES.—Beginning in fiscal year 1999,
the Secretary shall establish, in accordance with section
121, fees to cover activities of the Food and Drug Admin-
istration in connection with applications for approval for
new drugs submitted pursuant to section 505(j) (21
U.S.C. 355). The fees shall be payable at the time the
application for approval is submitted to the Secretary.
(b) FEE AMOUNTS AND AVAILABILITY.—Subject to
section 121(a)(1)(A), fees for the activities specified in
subsection (a) shall be set for each fiscal year at amounts
that the Secretary reasonably estimates to be sufficient
to generate revenues totaling $12,377,000 for each of fis-
cal years 1999 through 2003, and shall remain available
until expended, to the extent provided in appropriations
Acts, for the costs of carrying out such activities.
SEC. 113. FEES RELATED TO ANIMAL DRUGS.
(a) TYPES OF FEES.—Beginning in fiscal year 1999,
the Secretary shall establish, in accordance with section
121, fees to cover activities of the Food and Drug Admin-
istration in connection with—
(1) applications, including supplements, for new
animal 
drugs 
submitted 
pursuant 
to 
section
512(b)(1) (21 U.S.C. 360b(b)(1), including applica-
tion and other submissions for import tolerances, as
described 
in 
section 
512(a)(6) 
(21 
U.S.C.
360b(a)(b));
(2) abbreviated applications, including supple-
ments, for new animal drugs submitted pursuant to
section 512(b)(2) (21 U.S.C. 360b(b)(2)); and
(3) applications for licenses to manufacture ani-
mal feeds bearing or containing new animal drugs,
submitted pursuant to section 512(m) (21 U.S.C.
360b(m)).
The fees shall be payable at the time the application for
approval is submitted to the Secretary.
(b) FEE AMOUNTS AND AVAILABILITY.—Subject to
section 121(a)(1)(A), fees for the activities specified in
subsection (a) shall be set for each fiscal year at amounts
that the Secretary reasonably estimates to be sufficient
to generate revenues totaling $10,100,000 for each of fis-
cal years 1999 through 2003, and shall remain available
until expended, to the extent provided in appropriations
Acts, for the costs of carrying out such activities.
SEC. 114. FEES RELATED TO MEDICAL DEVICES.
(a) TYPES OF FEES.—Beginning in fiscal year 1999,
the Secretary shall establish, in accordance with section
121, fees to cover activities of the Food and Drug Admin-
istration in connection with applications for—
(1) premarket approval of devices (including
proposed product development protocols) submitted
under section 515 (21 U.S.C. 360e);
(2) supplements to approved premarket ap-
proval applications for which clinical data are re-
quired;
(3) supplements to approved premarket ap-
proval applications for which clinical data are not re-
quired; and
(4) device premarket notification submissions
under section 510(k) (21 U.S.C. 360(k)).
The fees shall be payable at the time the application is
submitted to the Secretary.
(b) FEE AMOUNTS.—The fees required under sub-
section (a) shall be as follows:
(1) $175,000 for applications described in sub-
section (a)(1).
(2) $100,000 for supplements described in sub-
section (a)(2).
(3) $6,000 for supplements described in sub-
section (a)(3).
(4) $4,500 for submissions described in sub-
section (a)(4).
(c) FEE AMOUNTS AND AVAILABILITY.—Subject to
section 121(a)(1)(A), fees for the activities specified in
subsection (a) shall be set each fiscal year in accordance
with section 121 to amounts that the Secretary reasonably
estimates to be sufficient to generate revenues totaling
$25,000,000 for each of fiscal years 1999 through 2003,
and shall remain available until expended, to the extent
provided in appropriations Acts, for the costs of carrying
out such activities.
SEC. 115. FEES RELATED TO IMPORT INSPECTIONS AND EX-
PORT CERTIFICATES.
(a) TYPES OF FEES.—Beginning in fiscal year 1999,
the Secretary shall establish, in accordance with section
121, fees to cover activities of the Food and Drug Admin-
istration in connection with the review of imported human
and animal drugs, medical devices, and food subject to
regulation under the Federal Food, Drug, and Cosmetic
Act (including activities relating to admission or detention
of, refusal of entry to, and the issuance of export certifi-
cates for such items). The fees shall be payable at the time
of each import entry or request for export certificates for
shipment of the item.
(b) FEE AMOUNTS AND AVAILABILITY.—Subject to
section 121(a)(1)(A), fees for the activities specified in
subsection (a) shall be set for each fiscal year at amounts
that the Secretary reasonably estimates to be sufficient
to generate revenues totaling $12,000,000 for each of fis-
cal years 1999 through 2003, and shall remain available
until expended, to the extent provided in appropriations
Acts, for the costs of carrying out such activities.
(c) COLLECTIONS.—The fees authorized by this sec-
tion shall be collected on behalf of the Secretary by the
United States Customs Service.
SEC. 116. FEES RELATED TO ENTITIES UNDER FDA’S OVER-
SIGHT.
(a) TYPES OF FEES.—Beginning in fiscal year 1999,
the Secretary shall establish, in accordance with section
121, fees to cover activities of the Food and Drug Admin-
istration in connection with regulatory activities with re-
spect to regulated products approved for marketing. The
Secretary shall assess fees for monitoring establishments
that are subject to regulation (including inspections con-
ducted pursuant to section 704 (21 U.S.C. 374), and other
regulatory activities), as follows:
(1) FOOD
ESTABLISHMENTS.—An establish-
ment subject to inspection under section 704 (21
U.S.C. 374) because it manufactures, processes,
packs, or holds food for (or after) shipment in inter-
state commerce, is subject to assessment of annual
fees under this section. The Secretary may impose
an annual registration requirement on such an es-
tablishment to facilitate assessment and collection of
the fees.
(2) DRUG AND DEVICE ESTABLISHMENTS.—An
establishment subject to the annual registration re-
quirement under section 510 (21 U.S.C. 360) (with
respect to products other than those for which such
an establishment is subject to section 736 (21
U.S.C. 379h) is subject to assessment of annual fees
under this section at the time of registration.
(3) COSMETIC
ESTABLISHMENTS.—An estab-
lishment subject to inspection under section 704 (21
U.S.C. 374) because it manufactures, processes,
packs, or holds cosmetics for (or after) shipment in
interstate commerce is subject to assessment of an-
nual fees under this section. The Secretary may im-
pose an annual registration requirement on such an
establishment to facilitate assessment and collection
of the fees.
This section does not affect any other statutory or regu-
latory requirements imposed on these entities.
(b) FEE AMOUNTS AND AVAILABILITY.—Subject to
section 121(a)(1)(A), fees for the activities specified in
subsection (a) shall be set for each fiscal year at amounts
that the Secretary reasonably estimates to be sufficient
to generate revenues totaling $57,905,000 for each of fis-
cal years 1999 through 2003, and shall remain available
until expended, to the extent provided in appropriations
Acts, for the costs of carrying out such activities.
PART B—GENERAL PROVISIONS
SEC. 121. GENERAL PROVISIONS RELATED TO USER FEES.
(a) ASSESSMENT OF FEES.—
(1) FEE AMOUNTS.—
(A) COLLECTIONS
SUBJECT
TO
APPRO-
PRIATIONS.—The fees authorized by this Act
shall be collected in each fiscal year as provided
in appropriation Acts for such fiscal year.
(B) RELATION TO COSTS.—Fees assessed
and collected under part A shall not exceed
amounts which the Secretary estimates to be
sufficient to cover costs of the Food and Drug
Administration associated with the activities for
which the fees are collected (including costs of
assessments and collection of the fees).
(C) VARIATION FACTORS.—The amount of
fees established may vary to reflect the cost of
those activities with respect to different entities
or groups of entities, including the type and
size of entity, volume of business, and other
factors the Secretary may find appropriate.
(2) FEE DETERMINATION AND PUBLICATION.—
The Secretary shall annually establish fee amounts
under part A, and shall publish schedules of such
fees in the Federal Register as an interim final rule.
The establishment and publication of such fees shall
be solely in the discretion of the Secretary and shall
not be subject to the requirements of sections 553
and 801 of title 5 of the United States Code and
shall not be reviewable.
(3) REDUCTION
OR
WAIVER
OF
FEES.—The
Secretary may provide for reduction or waiver of the
fees under part A in exceptional circumstances in
the public interest.
(b) CREDITING AND AVAILABILITY OF FEES.—
(1) IN GENERAL.—Fees collected pursuant to
part A shall be credited to a special fund in the
Treasury for user fees collected by the Food and
Drug Administration. The fees shall be available in
the amounts specified in appropriations Acts, for
salaries and expenses necessary to carry out the re-
sponsibilities of the Food and Drug Administration
in connection with the activities for which such fees
were collected, including the conduct of scientific re-
search, development of methods of analysis, pur-
chase of chemicals, fixtures, furniture, and scientific
equipment and apparatus, development and acquisi-
tion of information technology and information man-
agement systems, acquisition, maintenance, and re-
pair of real property, and expenses of advisory com-
mittees.
(2) FEES AVAILABLE ONLY FOR THE CATEGORY
OF ACTIVITY FOR WHICH ASSESSED.—Fees collected
for each category of activities specified in part A
shall be separately accounted for, and shall be used
only to finance the costs related to carrying out re-
sponsibilities in connection with the same category
of activities for which the fees were collected.
(c) COLLECTION OF UNPAID FEES.—If the Secretary
does not receive payment of a fee assessed under sub-
section (a) within 30 days after it is due, that fee shall
be treated as a claim of the United States Government
subject to the provisions of subchapter II of chapter 37
of title 31 of the United States Code.
SEC. 122. AGENCY PLAN AND ANNUAL REPORTING RE-
QUIREMENTS.
The agency plan for the Food and Drug Administra-
tion required under section 903(f) (21 U.S.C. 393(f)) shall
include objectives with respect to the assessment, collec-
tion, and use of the fees authorized under part A, and
the annual report required by section 903(g) (21 U.S.C.
(g)) shall describe the performance of the Secretary with
respect to such objectives.
TITLE II——MEDICARE
ADMINISTRATIVE FEES
SEC. 201. COLLECTION OF FEES FROM MEDICARE+CHOICE
ORGANIZATIONS FOR CONTRACT INITIATION
AND RENEWAL.
Section 1857 of the Social Security Act (42 U.S.C.
1395w–27) is amended by adding after subsection (h) the
following new subsection:
‘‘(i) FEES FOR CONTRACT ISSUANCE AND RENEWAL
AND ONGOING MONITORING.—
‘‘(1) AUTHORITY TO IMPOSE FEES.—The Sec-
retary shall impose, to the extent provided in appro-
priation Acts—
‘‘(A) fees for initial Medicare+Choice con-
tracts under this part; and
‘‘(B) annual fees for renewal of such con-
tracts and monitoring of the ongoing operations
of Medicare+Choice organizations.
‘‘(2) ASSESSMENT OF FEES.—
‘‘(A) TYPES OF FEES.—
‘‘(i) INITIATION FEES.—Fee amounts
assessed against a member of a class of or-
ganizations pursuant to paragraph (1)(A)
shall not exceed the Secretary’s reasonable
estimate of the average cost of initiating a
Medicare+Choice contract for an organiza-
tion in such class.
‘‘(ii) RENEWAL
AND
MONITORING
FEES.—Fee amounts assessed pursuant to
paragraph (1)(B) against members of a
class of organizations shall not exceed the
amount which the Secretary reasonably es-
timates will generate total revenues suffi-
cient to cover total annual costs for renew-
ing contracts and performing ongoing mon-
itoring with respect to such class.
‘‘(B) FEE DETERMINATION AND PUBLICA-
TION.—
‘‘(i) IN
GENERAL.—The Secretary
shall annually establish fee amounts under
this subsection, and shall annually publish
schedules of such fees in the Federal Reg-
ister. The establishment and publication of
such fees shall be solely in the discretion of
the Secretary and shall not be subject to
the requirements of sections 553 and 801
of title 5, United States Code, and shall
not be reviewable. Previously published fee
schedules shall remain in effect until new
schedules are effective.
‘‘(ii) REDUCTION
OR
WAIVER
OF
FEES.—The Secretary may provide for re-
duction or waiver of the fees under this
subsection in exceptional circumstances in
the public interest.
‘‘(3) COLLECTION AND CREDITING OF FEES.—
‘‘(A) 
INITIAL
FEES.—Fees 
assessed
against an organization pursuant to paragraph
(1)(A) shall be payable upon submission of the
application to participate in the program under
this title as a Medicare+Choice organization
(and shall apply whether or not the Secretary
approves such application) and shall be credited
to the Health Care Financing Administration
Program Management Account.
‘‘(B) RENEWAL AND MONITORING FEES.—
Fees assessed against an organization pursuant
to paragraph (1)(B) shall be payable annually
and may be deducted from amounts otherwise
payable from a Trust Fund under this title to
such organization. Such fees shall be credited to
the Health Care Financing Administration Pro-
gram Management Account.
‘‘(C) OFFSET.—Any amount of fees col-
lected in a fiscal year under this subsection that
exceeds the amount of such fees available for
expenditure in such fiscal year, as specified in
appropriation Acts, shall be credited to the
Health Care Financing Administration Pro-
gram Management Account, and shall be avail-
able for obligation in subsequent fiscal years to
the extent provided in subsequent appropria-
tions Acts.
‘‘(4) AVAILABILITY
OF
FEES.—Fees collected
pursuant to this subsection shall remain available
until expended, in the amounts provided in appro-
priation Acts, for the costs of the activities for which
they were assessed.’’.
SEC. 202. FEES FOR SURVEY AND CERTIFICATION.
Section 1864(e) of the Social Security Act (42 U.S.C.
1395aa(e)) is amended to read as follows:
‘‘(e) FEES FOR CONDUCTING CERTIFICATION SUR-
VEYS.—
‘‘(1) AUTHORITY TO IMPOSE FEES.—Except as
provided in paragraph (6), to the extent provided in
appropriation Acts, the Secretary shall impose, or
require States as a condition of agreements under
this section to impose—
‘‘(A) fees for surveys for the purpose of
making initial determinations as to whether en-
tities meet requirements under this title; and
‘‘(B) annual fees to cover the costs of peri-
odic surveys to determine whether entities par-
ticipating in the program under this title con-
tinue to meet such requirements.
‘‘(2) ASSESSMENT OF FEES.—
‘‘(A) TYPES OF FEES.—
‘‘(i) FEES
FOR
INITIAL
SURVEYS.—
Fee amounts assessed pursuant to para-
graph (1)(A) against an entity in a class
and State shall not exceed the estimated
average cost of an initial survey and deter-
mination for an entity in such class and
State.
‘‘(ii) FEES
FOR
RECERTIFICATION
SURVEYS.—
‘‘(I) IN GENERAL.—Fee amounts
assessed 
pursuant 
to 
paragraph
(1)(B) against entities in a class in a
State shall not exceed the amount
which the Secretary reasonably esti-
mates will generate total revenues suf-
ficient to cover the applicable percent-
age specified in subclause (II) of total
annual costs for such surveys and de-
terminations with respect to such
class and State.
‘‘(II) 
APPLICABLE
PERCENT-
AGES.—For purposes of subclause (I),
the applicable percentage specified in
this subclause is—
‘‘(aa) 33 percent for fiscal
year 1999;
‘‘(bb) 66 percent for fiscal
year 2000; and
‘‘(cc) 100 percent for fiscal
year 2001 and each succeeding
fiscal year.
‘‘(B) FEE DETERMINATION AND PUBLICA-
TION.—
‘‘(i) IN
GENERAL.—The Secretary
shall annually establish fee amounts under
this subsection, and shall annually publish
schedules of such fees in the Federal Reg-
ister. The establishment and publication of
such fees shall be solely in the discretion of
the Secretary and shall not be subject to
the requirements of sections 553 and 801
of title 5, United States Code, and shall
not be reviewable. Previously published fee
schedules shall remain in effect until new
schedules are effective.
‘‘(ii) REDUCTION
OR
WAIVER
OF
FEES.—The Secretary may provide for re-
duction or waiver of the fees under this
subsection in exceptional circumstances in
the public interest.
‘‘(3) COLLECTION AND CREDITING OF FEES.—
‘‘(A) FEES FOR INITIAL SURVEYS.—
‘‘(i) COLLECTION OF FEES.—Fees as-
sessed against an entity in a State pursu-
ant to paragraph (1)(A) shall be payable
at the time of the initial survey to the Sec-
retary (or, in the case of surveys per-
formed by a State agency, to such agency).
‘‘(ii) REMITTANCE
OF
FEE
AMOUNT
TO SECRETARY WHERE STATE COLLECTS
FEES.—In the event a State agency col-
lects a fee pursuant to clause (i), such
agency shall remit to the Secretary an
amount equal to the Secretary’s share of
the cost of the activities described in para-
graph (1)(A).
‘‘(iii) CREDITING
OF
FEES.—Fees
paid to the Secretary pursuant to clause (i)
or remitted to the Secretary pursuant to
clause (ii) shall be credited to the Health
Care Financing Administration Program
Management Account.
‘‘(B) FEES
FOR
RECERTIFICATION
SUR-
VEYS.—
‘‘(i) COLLECTION OF FEES.—Fees as-
sessed against an entity pursuant to para-
graph (1)(B) shall be payable annually and
may be deducted from amounts otherwise
payable from a Trust Fund under this title
to such entity.
‘‘(ii) 
REIMBURSEMENT
OF
STATE
AGENCY
COSTS.—Of amounts collected
pursuant to clause (i), an amount equal to
the State’s share of the cost of activities
described in paragraph (1)(B) shall be
transferred to the appropriate State agen-
cy.
‘‘(iii) 
REIMBURSEMENT
OF
SEC-
RETARY’S
COSTS.—The balance of the
amount collected pursuant to clause (i)
that is not paid to a State agency pursuant
to clause (ii) shall be credited to the
Health Care Financing Administration
Program Management Account.
‘‘(C) OFFSET.—Any amount of fees col-
lected in a fiscal year under this subsection that
exceeds the amount of such fees available for
expenditure in such fiscal year, as specified in
appropriation Acts, shall be credited to the
Health Care Financing Administration Pro-
gram Management Account, and shall be avail-
able for obligation in subsequent fiscal years to
the extent provided in subsequent appropria-
tions Acts.
‘‘(4) AVAILABILITY
OF
FEES.—Fees collected
pursuant to this subsection shall remain available
until expended, in the amounts provided in appro-
priation Acts, for necessary expenses related to the
purposes for which the fees were assessed.
‘‘(5) TREATMENT OF FEES FOR PURPOSES OF
COST REPORTS.—An entity may not include a fee as-
sessed pursuant to this subsection as an allowable
item on a cost report under this title or title XIX.
‘‘(6) CERTAIN
ENTITIES
NOT
SUBJECT
TO
FEE.—The Secretary shall not impose fees under
this subsection against entities subject to the re-
quirements of the Clinical Laboratory Improvement
Amendments of 1988.’’.
SEC. 203. FEES FOR REGISTRATION OF INDIVIDUALS AND
ENTITIES PROVIDING HEALTH CARE ITEMS
OR SERVICES UNDER MEDICARE.
Section 1866 of the Social Security Act (42 U.S.C.
1395cc) is amended—
(1) in the heading, by adding ‘‘AND REGISTRA-
TION OF OTHER PERSONS FURNISHING SERVICES’’
after ‘‘PROVIDERS OF SERVICES’’; and
(2) by adding at the end the following new sub-
section:
‘‘(j) REGISTRATION PROCEDURES AND FEES.—
‘‘(1) REGISTRATION.—The Secretary shall es-
tablish a procedure for initial registration and peri-
odic renewal of registration of individuals and enti-
ties that furnish items or services for which payment
may be made under this title and that are not other-
wise subject to provisions of this title providing for
such procedures.
‘‘(2) FEES.—
‘‘(A) AUTHORITY TO IMPOSE FEES.—The
Secretary shall impose, to the extent provided
in appropriation Acts—
‘‘(i) fees for initial agreements with
providers of services and initial registra-
tions of other entities and individuals that
furnish items or services for which pay-
ment may be made under this title, and
‘‘(ii) annual fees to cover the costs of
renewals of agreements and registrations
of such individuals and entities.
‘‘(B) ASSESSMENT OF FEES.—
‘‘(i) TYPES OF FEES.—
‘‘(I) 
INITIAL
FEES.—Fee
amounts assessed pursuant to sub-
paragraph (A)(i) against a member of
a class of individuals or entities shall
not exceed the Secretary’s reasonable
estimate of the average cost of initiat-
ing an agreement or performing an
initial registration for an individual or
entity in such class.
‘‘(II) 
RENEWAL
FEES.—Fee
amounts assessed pursuant to sub-
paragraph (A)(ii) against members of
a class of individuals or entities shall
not exceed the amount which the Sec-
retary reasonably estimates will gen-
erate total revenues sufficient to cover
total annual costs of performing such
renewals with respect to such class.
‘‘(ii) FEE DETERMINATION AND PUB-
LICATION.—
‘‘(I) IN
GENERAL.—The Sec-
retary shall annually establish fee
amounts under this paragraph, and
shall annually publish schedules of
such fees in the Federal Register. The
establishment and publication of such
fees shall be solely in the discretion of
the Secretary and shall not be subject
to the requirements of sections 553
and 801 of title 5, United States
Code, and shall not be reviewable.
Previously published fee schedules
shall remain in effect until new sched-
ules are effective.
‘‘(II) REDUCTION OR WAIVER OF
FEES.—The Secretary may provide
for reduction or waiver of the fees
under this paragraph in exceptional
circumstances in the public interest.
‘‘(C) COLLECTION
AND
CREDITING
OF
FEES.—
‘‘(i) INITIAL
FEES.—Fees assessed
pursuant to subparagraph (A)(i) against
an individual or entity shall be payable
upon application for billing privileges
under the program under this title (and
shall apply whether or not the Secretary
approves such application) and shall be
credited to the Health Care Financing Ad-
ministration Program Management Ac-
count.
‘‘(ii) RENEWAL FEES.—Fees assessed
pursuant to subparagraph (A)(ii) against
an individual or entity shall be payable an-
nually and may be deducted from amounts
otherwise payable from a Trust Fund
under this title to such individual or entity.
Such fees shall be credited to the Health
Care Financing Administration Program
Management Account.
‘‘(iii) OFFSET.—Any amount of fees
collected in a fiscal year under this para-
graph that exceeds the amount of such fees
available for expenditure in such fiscal
year, as specified in appropriation Acts,
shall be credited to the Health Care Fi-
nancing Administration Program Manage-
ment Account, and shall be available for
obligation in subsequent fiscal years to the
extent provided in subsequent appropria-
tions Acts.
‘‘(D) AVAILABILITY OF FEES.—Fees col-
lected pursuant to this paragraph shall remain
available until expended, in the amounts pro-
vided in appropriation Acts, for necessary ex-
penses related to initiating and renewing such
agreements and registrations, including costs
of—
‘‘(i) establishing and maintaining pro-
cedures and records systems;
‘‘(ii) processing applications;
‘‘(iii) background investigations;
‘‘(iv) renewal of billing privileges; and
‘‘(v) reverification of eligibility.
‘‘(E) TREATMENT OF FEES FOR PURPOSES
OF COST REPORTS.—An entity may not include
a fee assessed pursuant to this paragraph as an
allowable item on a cost report under this title
or title XIX.’’.
SEC. 204. FEES TO COVER THE COST OF MEDICARE DESK
REVIEW, AUDIT, AND COST SETTLEMENT AC-
TIVITIES.
Section 1893 of the Social Security Act (42 U.S.C.
1395ddd) is amended by adding at the end the following
new subsection:
‘‘(f) FEES FOR REVIEW, AUDIT, AND COST SETTLE-
MENT ACTIVITIES.—
‘‘(1) AUTHORITY TO IMPOSE FEES.—The Sec-
retary shall impose fees on providers of services and
other entities furnishing items or services for which
payment may be made under this title for perform-
ance of review, audit, and cost settlement activities
in connection with the audit of cost reports under
subsection (b)(2).
‘‘(2) ASSESSMENT OF FEES.—
‘‘(A) IN GENERAL.—Fee amounts assessed
pursuant to paragraph (1) against members of
a class of entities shall not exceed the amount
which the Secretary reasonably estimates will
generate total revenues sufficient to cover total
annual costs for performing such activities with
respect to such class.
‘‘(B) FEE DETERMINATION AND PUBLICA-
TION.—
‘‘(i) IN
GENERAL.—The Secretary
shall annually establish fee amounts under
this subsection, and shall annually publish
schedules of such fees in the Federal Reg-
ister. The establishment and publication of
such fees shall be solely in the discretion of
the Secretary and shall not be subject to
the requirements of sections 553 and 801
of title 5, United States Code, and shall
not be reviewable. Previously published fee
schedules shall remain in effect until new
schedules are effective.
‘‘(ii) REDUCTION
OR
WAIVER
OF
FEES.—The Secretary may provide for re-
duction or waiver of the fees under this
subsection in exceptional circumstances in
the public interest.
‘‘(3) COLLECTION, CREDITING, AND AVAILABIL-
ITY OF FEES.—Fees assessed pursuant to paragraph
(1) against an entity shall be payable annually and
may be deducted from amounts otherwise payable
from a Trust Fund under this title to such entity.
Such fees shall be credited to the Health Care
Fraud and Abuse Control Account. Fees collected
pursuant to this subsection shall remain available
until expended, for necessary expenses for the pur-
poses for which the fees were assessed.
‘‘(4) TREATMENT OF FEES FOR PURPOSES OF
COST REPORTS.—An entity may not include a fee as-
sessed pursuant to this subsection as an allowable
item on a cost report under this title or title XIX.’’.
SEC. 205. FEES FOR PROCESSING CLAIMS.
(a) IN GENERAL.—Part D of title XVIII of the Social
Security Act is amended by adding at the end the follow-
ing new section:
‘‘SEC. 1897. FEES FOR PROCESSING CLAIMS.
‘‘(a) AUTHORITY TO IMPOSE FEES.—
‘‘(1) IN GENERAL.—Subject to subsection (b),
each claim described in paragraph (2) submitted by
an individual or entity furnishing items or services
for which payment may be made under this title is
subject to a processing fee of $1.00.
‘‘(2) CLAIMS
SUBJECT
TO
FEE.—A claim is
subject to the fee specified in paragraph (1) if it—
‘‘(A) duplicates, in whole or in part, an-
other claim submitted by the same individual or
entity;
‘‘(B) is a claim that cannot be processed
and must, in accordance with the Secretary’s
instructions, be returned by the fiscal inter-
mediary or carrier to the individual or entity for
completion; or
‘‘(C) is not submitted electronically by an
individual or entity or the authorized billing
agent of such individual or entity.
‘‘(b) COLLECTION, CREDITING, AND AVAILABILITY
OF FEES.—
‘‘(1) APPROPRIATIONS REQUIRED.—Fees shall
be collected and expended under this section to the
extent provided in appropriation Acts.
‘‘(2) DEDUCTION
FROM
TRUST
FUND.—The
Secretary shall deduct any fees assessed pursuant to
subsection (a) against an individual or entity from
amounts otherwise payable from a Trust Fund
under this title to such individual or entity, and
shall transfer the amount so deducted from such
Trust Fund to the Health Care Financing Adminis-
tration Program Management Account.
‘‘(3) OFFSET.—Any amount of fees collected in
a fiscal year under this section that exceeds the
amount of such fees available for expenditure in
such fiscal year, as specified in appropriation Acts,
shall be credited to the Health Care Financing Ad-
ministration Program Management Account, and
shall be available for obligation in subsequent fiscal
years to the extent provided in subsequent appro-
priations Acts.
‘‘(4) AVAILABILITY.—Fees collected pursuant
to this section shall remain available until expended
for the costs of the activities for which they were as-
sessed.
‘‘(c) WAIVER
OF CERTAIN FEES.—The Secretary
may provide for waiver of fees for claims described in sub-
section (a)(2)(C) in cases of such compelling cir-
cumstances as the Secretary may determine.
‘‘(d) TREATMENT OF FEES FOR PURPOSES OF COST
REPORTS.—An entity may not include a fee assessed pur-
suant to this section as an allowable item on a cost report
under this title or title XIX.’’.
(b) CONFORMING AMENDMENT.—Section 1842(c)(4)
of such Act (42 U.S.C. 1395u(c)(4)) is amended by strik-
ing ‘‘Neither a carrier’’ and inserting ‘‘Except as provided
in section 1897, neither a carrier’’.
SEC. 206. SECRETARY’S AUTHORITY TO ISSUE INTERIM
FINAL REGULATIONS.
The Secretary of Health and Human Services is au-
thorized to issue any regulations needed to implement the
amendments made by this title as interim final regula-
tions.
TITLE III—MISCELLANEOUS
USER FEES
SEC. 301. AUTHORITY OF SECRETARY OF AGRICULTURE TO
IMPOSE USER FEES FOR CERTAIN SERVICES
PROVIDED 
BY 
DEPARTMENT 
OF 
AGRI-
CULTURE AGENCIES.
The Department of Agriculture Reorganization Act
of 1994 is amended by inserting after section 219 (7
U.S.C. 6919) the following new section:
‘‘SEC. 220. USER FEES FOR CERTAIN SERVICES PROVIDED
BY DEPARTMENT AGENCIES, OFFICES, OFFI-
CERS, AND EMPLOYEES.
‘‘(a) USER FEES AUTHORIZED.—Notwithstanding
any other provision of law, the Secretary may prescribe
and collect fees sufficient to cover all or some portion of
the cost to the Department, including administrative costs,
of providing services under the laws specified in subsection
(b).
‘‘(b) COVERED LAWS.—Subsection (a) applies to the
following laws, notwithstanding any provision prohibiting
the imposition of user fees in any such law:
‘‘(1) Laws administered by the Animal and
Plant Inspection Service (or any successor agency),
including the following specific services:
‘‘(A) Biotechnology testing services under
the Federal Plant Pest Act (7 U.S.C. 150aa et
seq.).
‘‘(B) Biotechnology testing services under
the Act of August 20, 1912 (commonly known
as the Plant Quarantine Act; 7 U.S.C. 151 et
seq.).
‘‘(C) Animal welfare licensing services
under the Animal Welfare Act (7 U.S.C. 2131
et seq).
‘‘(D) Veterinary biologics services under
the Act of March 4, 1913 (commonly known as
the Virus-Serum-Toxin Act; 21 U.S.C. 151 et
seq.).
‘‘(E) Services under the Swine Health Pro-
tection Act (7 U.S.C. 3801 et seq.).
‘‘(2) Laws administered by the Grain Inspec-
tion, Packers and Stockyards Administration (or any
successor agency), including the following:
‘‘(A) The Packers and Stockyards Act,
1921 (7 U.S.C. 181 et seq.).
‘‘(B) The United States Grain Standards
Act (7 U.S.C. 71 et seq.).
‘‘(3) Laws administered by the Food Safety and
Inspection Service (or any successor agency), includ-
ing the following:
‘‘(A) The Federal Meat Inspection Act (21
U.S.C. 601 et seq.).
‘‘(B) The Poultry Products Inspection Act
(21 U.S.C. 451 et seq.).
‘‘(C) The Egg Products Inspection Act (21
U.S.C. 1031 et seq.).
‘‘(4) Laws administered by the Natural Re-
sources Conservation Service (or any successor agen-
cy), including authorities regarding the provision of
technical assistance and products for natural re-
source conservation.
‘‘(5) Laws administered by the Farm Service
Agency (or any successor agency), including the au-
thorities regarding the provision of information ob-
tained from information collections from persons
participating in the programs administered by the
Agency.
‘‘(c) EXCEPTIONS.—Subsection (b) does not include
any law or service for which a user fee is specifically re-
quired or authorized under another provision of law.
‘‘(d) LATE PAYMENT PENALTIES.—If a person sub-
ject to a fee under this section fails to pay the fee when
due, the Secretary may assess a late payment penalty, and
the overdue fees shall accrue interest, as required by sec-
tion 3717 of title 31, United States Code.
‘‘(e) TREATMENT
OF
FEES.—Fees and other
amounts collected under this section shall be credited to
the Department accounts that incur the costs associated
with the provision of the services for which the fees are
imposed. Funds so credited shall be merged with the ap-
propriations to which credited and shall be available to the
Secretary without fiscal year limitation for the same pur-
poses as the appropriations with which merged.’’.
SEC. 302. NOAA NAVIGATION ASSISTANCE FEES.
(a) ESTABLISHMENT AND COLLECTION.—
(1) IN GENERAL.—For fiscal year 1999 and
each fiscal year thereafter, the Secretary of Com-
merce, in consultation with the Secretary of Trans-
portation, shall establish, assess, and collect under
section 9701 of title 31, United States Code, fees for
the provision of navigation assistance services.
(2) FEE SCHEDULE.—The Secretary shall im-
plement fees under this section by establishment of
a schedule for such fees. The Secretary shall publish
an interim final rule containing an initial fee sched-
ule not later than 150 days after the date of the en-
actment of this Act.
(b) CREDITING OF FEES.—Fees collected under this
section shall be credited as offsetting collections of the De-
partment of Commerce.
(c) AVAILABILITY.—
(1) IN GENERAL.—Of amounts of offsetting col-
lections credited for fees under this section—
(A) not to exceed $2,500,000 shall be
available to the Secretary of Commerce for fis-
cal year 1999 for expenses of providing services
for which the fees are collected; and
(B) amounts in excess of $2,500,000 shall
be available to the Secretary of Commerce for
fiscal years after fiscal year 1999 for expenses
of providing those services.
(2) AVAILABLE
UNTIL
EXPENDED.—Amounts
available under this section shall remain available
until expended.
SEC. 303. FISHERIES MANAGEMENT AND ENFORCEMENT
FEES.
(a) ESTABLISHMENT AND COLLECTION.—
(1) IN GENERAL.—For fiscal year 1999 and
each fiscal year thereafter, the Secretary of Com-
merce shall establish, assess, and collect under sec-
tion 9701 of title 31, United States Code, fees for
the provision of fisheries management and enforce-
ment services.
(2) MANNER OF COLLECTION.—The Secretary
may prescribe the manner in which such fees are
collected.
(b) MAXIMUM AMOUNT.—The maximum amount of
any fee under this section may not exceed one percent of
the ex-vessel value of harvested fish with respect to which
the fee is collected.
(c) CREDITING OF FEES.—Fees collected under this
section shall be credited as offsetting collections of the De-
partment of Commerce.
(d) AVAILABILITY.—
(1) IN GENERAL.—Of amounts of offsetting col-
lections credited for fees under this section—
(A) not to exceed $19,781,000 shall be
available to the Secretary of Commerce for fis-
cal year 1999 for expenses of providing services
for which the fees are collected; and
(B) amounts in excess of $19,781,000
shall be available to the Secretary of Commerce
for fiscal years after fiscal year 1999 for ex-
penses of providing those services.
(2) AVAILABLE
UNTIL
EXPENDED.—Amounts
available under this section shall remain available
until expended.
SEC. 304. LEVEL OF FEES FOR PATENT SERVICES.
(a) GENERAL PATENT FEES.—Section 41 of title 35,
United States Code, is amended by striking subsection (a)
and inserting the following:
‘‘(a) The Commissioner shall charge the following
fees:
‘‘(1)(A) On filing each application for an origi-
nal patent, except in design or plant cases, $790.
‘‘(B) In addition, on filing or on presentation at
any other time, $82 for each claim in independent
form which is in excess of 3, $22 for each claim
(whether independent or dependent) which is in ex-
cess of 20, and $270 for each application containing
a multiple dependent claim.
‘‘(C) On filing each provisional application for
an original patent, $150.
‘‘(2) For issuing each original or reissue patent,
except in design or plant cases, $1,320.
‘‘(3) In design and plant cases—
‘‘(A) on filing each design application,
$330;
‘‘(B) on filing each plant application,
$540;
‘‘(C) on issuing each design patent, $450;
and
‘‘(D) on issuing each plant patent, $670.
‘‘(4)(A) On filing each application for the re-
issue of a patent, $790.
‘‘(B) In addition, on filing or on presentation at
any other time, $82 for each claim in independent
form which is in excess of the number of independ-
ent claims of the original patent, and $22 for each
claim (whether independent or dependent) which is
in excess of 20 and also in excess of the number of
claims of the original patent.
‘‘(5) On filing each disclaimer, $110.
‘‘(6)(A) On filing an appeal from the examiner
to the Board of Patent Appeals and Interferences,
$310.
‘‘(B) In addition, on filing a brief in support of
the appeal, $310, and on requesting an oral hearing
in the appeal before the Board of Patent Appeals
and Interferences, $270.
‘‘(7) On filing each petition for the revival of an
unintentionally abandoned application for a patent
or for the unintentionally delayed payment of the fee
for issuing each patent, $1,320, unless the petition
is filed under section 133 or 151 of this title, in
which case the fee shall be $110.
‘‘(8) For petitions for 1-month extensions of
time to take actions required by the Commissioner
in an application—
‘‘(A) on filing a first petition, $110;
‘‘(B) on filing a second petition, $290; and
‘‘(C) on filing a third petition or subse-
quent petition, $550.
‘‘(9) Basic national fee for an international ap-
plication where the Patent and Trademark Office
was the International Preliminary Examining Au-
thority and the International Searching Authority,
$720.
‘‘(10) Basic national fee for an international
application where the Patent and Trademark Office
was the International Searching Authority but not
the International Preliminary Examining Authority,
$790.
‘‘(11) Basic national fee for an international
application where the Patent and Trademark Office
was neither the International Searching Authority
nor the International Preliminary Examining Au-
thority, $1,070.
‘‘(12) Basic national fee for an international
application where the international preliminary ex-
amination fee has been paid to the Patent and
Trademark Office, and the international preliminary
examination report states that the provisions of Arti-
cle 33 (2), (3), and (4) of the Patent Cooperation
Treaty have been satisfied for all claims in the appli-
cation entering the national stage, $98.
‘‘(13) For filing or later presentation of each
independent claim in the national stage of an inter-
national application in excess of 3, $82.
‘‘(14) For filing or later presentation of each
claim (whether independent or dependent) in a na-
tional stage of an international application in excess
of 20, $22.
‘‘(15) For each national stage of an inter-
national application containing a multiple dependent
claim, $270.
For the purpose of computing fees, a multiple dependent
claim referred to in section 112 of this title or any claim
depending therefrom shall be considered as separate de-
pendent claims in accordance with the number of claims
to which reference is made. Errors in payment of the addi-
tional fees may be rectified in accordance with regulations
of the Commissioner.’’.
(b) PATENT MAINTENANCE FEES.—Section 41 of
title 35, United States Code, is amended by striking sub-
section (b) and inserting the following:
‘‘(b) The Commissioner shall charge the following
fees for maintaining in force all patents based on applica-
tions filed on or after December 12, 1980:
‘‘(1) 3 years and 6 months after grant, $1,050.
‘‘(2) 7 years and 6 months after grant, $2,100.
‘‘(3) 11 years and 6 months after grant,
$3,160.
Unless payment of the applicable maintenance fee is re-
ceived in the Patent and Trademark Office on or before
the date the fee is due or within a grace period of 6
months thereafter, the patent will expire as of the end of
such grace period. The Commissioner may require the
payment of a surcharge as a condition of accepting within
such 6-month grace period the payment of an applicable
maintenance fee. No fee may be established for maintain-
ing a design or plant patent in force.’’.
(b) AUTHORIZATION OF COLLECTION AND EXPENDI-
TURE.—Section 42(c) of title 35, United States Code, is
amended by striking the first sentence and inserting the
following: ‘‘To the extent and in the amounts provided in
advance in appropriations Acts, fees authorized in this
title or any other Act to be charged or established by the
Commissioner shall be collected by and shall be available
to the Commissioner to carry out the activities of the Pat-
ent and Trademark Office.’’.
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on October
1, 1998.
SEC. 305. EXPORT PROMOTION FEES.
There is authorized to be appropriated to the Inter-
national Trade Administration of the Department of Com-
merce $292,452,000, to remain available until expended,
of which $6,000,000 shall be derived from fees to be col-
lected and used, to the extent provided in appropriation
Acts, by the International Trade Administration for the
provision of export promotion services, notwithstanding
section 3302 of title 31, United States Code. Any such
fees received in excess of $6,000,000 in fiscal year 1999
shall remain available until expended, but shall not be
made available until October 1, 1999.
SEC. 306. HARDROCK LOCATION AND MAINTENANCE FEES.
Title X of the Omnibus Budget Reconciliation Act of
1993 (Public Law 103-66) is amended as follows:
(1) Section 10101(a) (30 U.S.C. 28f(a)) is
amended by striking the first sentence and inserting
‘‘The holder of each unpatented mining claim, mill
or tunnel site, located pursuant to the mining laws
of the United States, whether located before or after
October 1, 1998, shall pay to the Secretary of the
Interior, on or before September 1 of each year, for
year 1999 and subsequent years, a claim mainte-
nance fee of $116 per claim or site.’’.
(2) Section 10102 (30 U.S.C. 28g) is amended
by striking ‘‘and before September 30, 1998,’’ and
striking ‘‘$25.00’’ and inserting ‘‘$28’’.
(3) Section 10105 (30 U.S.C. 28j) is amended
by adding the following new subsection at the end:
‘‘(d) AVAILABILITY OF FEES.—Fees collected under
sections 10101 and 10102 (30 U.S.C. 28f and 28g) shall
be available without further appropriation for Mining Law
Administration program operations in the year following
their collection.’’.
SEC. 307. IMPOSITION AND USE OF DEPARTMENT OF
LABOR EMPLOYER FILING FEES UNDER THE
IMMIGRATION AND NATIONALITY ACT.
Section 286 of the Immigration and Nationality Act
(8 U.S.C. 1356) is amended by adding at the end the fol-
lowing:
‘‘(s) DEPARTMENT OF LABOR FEES FOR EMPLOYER-
RELATED FILINGS.—
‘‘(1) Beginning in fiscal year 2000, the Sec-
retary of Labor shall impose a fee on each person
filing with the Secretary an application for a labor
certification, an employer attestation, or any similar
petition or application, in order to meet a require-
ment or condition of a program under this title or
title I relating to the provision to an alien of an im-
migrant, or nonimmigrant, employment-based sta-
tus. The fee with respect a filing under a program
shall be in an amount prescribed by the Secretary
based on the costs of carrying out the Secretary’s
duties (including enforcement-related functions) with
respect to the program.
‘‘(2) Fees collected under this subsection shall
be deposited as an offsetting collection in a fund es-
tablished for this purpose in the Treasury of the
United States.
‘‘(3) No amount shall be collected or obligated
for any fiscal year under this subsection, except to
the extent provided in appropriations Acts.
‘‘(4) The fees in the fund collected with respect
to a program shall remain available until expended
to the Secretary, to the extent and in such amounts
as may be provided in appropriations Acts, to cover
the costs described in paragraph (1) with respect to
the program, in addition to any other funds that are
available to the Secretary to cover such costs.’’.
SEC. 308. COAST GUARD NAVIGATION ASSISTANCE FEES.
(a) ESTABLISHMENT AND COLLECTION.—
(1) IN GENERAL.—For fiscal year 1999 and
each fiscal year thereafter, the Secretary of Trans-
portation shall establish, assess, and collect under
section 9701 of title 31, United States Code, fees for
the provision of navigation assistance services.
(2) FEE SCHEDULE.—The Secretary shall im-
plement fees under this section by establishment of
a schedule for such fees. The Secretary shall publish
an interim final rule containing an initial fee sched-
ule not later than 150 days after the date of the en-
actment of this Act.
(b) CREDITING OF FEES.—Fees collected under this
section shall be credited as offsetting collections of the De-
partment of Transportation.
(c) AVAILABILITY.—
(1) IN GENERAL.—Of amounts of offsetting col-
lections credited for fees under this section—
(A) not to exceed $35,000,000 shall be
available to the Secretary of Transportation for
fiscal year 1999 for expenses of providing serv-
ices for which the fees are collected; and
(B) amounts in excess of $35,000,000
shall be available to the Secretary of Transpor-
tation for fiscal years after fiscal year 1999 for
expenses of providing those services.
(2) AVAILABLE
UNTIL
EXPENDED.—Amounts
available under this section shall remain available
until expended.
SEC. 309. SURFACE TRANSPORTATION BOARD.
Section 721 of title 49, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(f) USER FEES.—
‘‘(1) SCHEDULE
OF
FEES.—The Board shall
prescribe by regulation a schedule of user fees for
carriers subject to the jurisdiction of the Board. The
fees—
‘‘(A) shall cover the costs incurred by the
Board in carrying out its functions; and
‘‘(B) shall be assessed on each carrier in
reasonable relationship to the relative benefits
received by the carriers from the functions of
the Board.
‘‘(2) COLLECTION OF FEES.—The Board shall
prescribe procedures for the collection of fees under
this subsection. The Board may use the services of
a department, agency, or instrumentality of the Fed-
eral Government or of a State or local authority to
collect the fees, and may reimburse the department,
agency, or instrumentality a reasonable amount for
its services.
‘‘(3) USE OF FEES.—Fees collected under this
subsection may be used, to the extent provided in
advance in appropriation Acts, by the Board for the
expenses of carrying out its functions. Any amounts
collected in a fiscal year in excess of the amount re-
quired for carrying out the functions of the Board
for that fiscal year may be retained for use by the
Board in a subsequent fiscal year.’’.
SEC. 310. WETLANDS PERMIT FEES.
(a) ESTABLISHMENT AND COLLECTION.—The Sec-
retary of the Army shall establish and collect fees, from
applicants for commercial permits under section 404 of
the Federal Water Pollution Control Act, for evaluation
of applications for such permits, the preparation of envi-
ronmental impact statements under the National Environ-
mental Policy Act of 1969 in connection with the issuance
of such permits, and the delineation of wetlands for major
developments affecting wetlands.
(b) ARMY CIVIL WORKS REGULATORY PROGRAM.—
(1) ESTABLISHMENT.—There is established in
the Treasury of the United States a special account
to be known as the ‘‘Army Civil Works Regulatory
Program Account’’ into which fees collected by the
Secretary under subsection (a) shall be deposited.
(2) USE OF FEES.—Amounts deposited into the
Program Account shall be available to the Secretary,
as provided in appropriation acts, to apply toward
the costs incurred by the Department of the Army
in administering laws pertaining to the regulation of
navigable waters of the United States, including wet-
lands. Such amounts shall be in addition to appro-
priations otherwise available to the Secretary for ad-
ministering such laws.
SEC. 311. RADIOLOGICAL PREPAREDNESS FEES.
(a) ESTABLISHMENT OF RADIOLOGICAL EMERGENCY
PREPAREDNESS
FUND.—There is established in the
Treasury of the United States a radiological emergency
preparedness fund which shall be available under the
Atomic Energy Act of 1954 and Executive Order No.
12657 for offsite radiological emergency planning, pre-
paredness, and response.
(b) FEES.—
(1) IN GENERAL.—For fiscal year 1999 and
each fiscal year thereafter, the Director of the Fed-
eral Emergency Management Agency shall establish
(by regulation), assess, and collect fees under this
subsection from persons subject to the radiological
emergency preparedness regulations issued by the
Director.
(2) 
AGGREGATE
AMOUNT.—The 
aggregate
amount of fees assessed and collected under this
subsection during a fiscal year shall not be less than
the amounts anticipated by the Director to be nec-
essary to carry out the radiological emergency pre-
paredness program of the Federal Emergency Man-
agement Agency for such fiscal year.
(3) PROCEDURES.—The methodology for as-
sessment and collection of fees under this subsection
shall be fair and equitable. Such fees shall reflect
the costs of providing services, including administra-
tive costs of collecting fees.
(4) DEPOSIT.—Fees collected under this sub-
section shall be deposited in the radiological emer-
gency preparedness fund established under sub-
section (a) as offsetting collections. An amount equal
to the amount of fees so deposited shall become
available for authorized purposes on October 1 of
the fiscal year in which the fees are collected and
shall remain available until expended.
SEC. 312. AVIATION ACCIDENT INVESTIGATION FEE.
(a) ESTABLISHMENT AND COLLECTION.—For fiscal
year 1999 and each fiscal year thereafter the Chairman
of the National Transportation Safety Board shall estab-
lish, assess, and collect under section 9701 of title 31,
United States Code, fees from air carriers to partially
cover the costs of aviation accident investigations. Such
fees shall be established by publication of an initial pro-
posed fee schedule as an interim final rule in the Federal
Register not later than 150 days after the date of the en-
actment of this Act.
(b) MAXIMUM AMOUNT.—The maximum amount of
fees collected under this section shall not exceed
$6,000,000 in any fiscal year.
(c) USE OF FEES.—Fees collected under this sub-
section shall be credited as offsetting collections to an ac-
count established in the Treasury of the United States for
such purpose and shall be available until expended for nec-
essary expenses for the National Transportation Safety
Board in conducting aviation accident investigations, in-
cluding the hiring of passenger motor vehicles and aircraft
and services authorized by section 3109 of title 5, United
States Code, but at rates for individuals not to exceed the
per diem rate equivalent to the rate as authorized by law
under sections 5901 and 5902 of such title.
SEC. 313. MONETARY ASSESSMENT ON CLAIMANT REP-
RESENTATIVES UTILIZING THE SOCIAL SECU-
RITY ADMINISTRATION’S FEE APPROVAL AND
DIRECT PAYMENT PROCESSES.
(a) REPRESENTATIVES OF TITLE II CLAIMANTS.—
(1) IN GENERAL.—Section 206 of the Social
Security Act (42 U.S.C. 406) is amended by adding
at the end the following new subsection:
‘‘(d)(1) In any case in which a fee (exceeding zero)
of a person who renders services for compensation in con-
nection with a claim for entitlement to benefits under this
title is—
‘‘(A) fixed by the Commissioner pursuant to the
last sentence of subsection (a)(1),
‘‘(B) approved by the Commissioner pursuant
to subsection (a)(2)(A), or
‘‘(C) determined and allowed by a court pursu-
ant to subsection (b)(1)(A),
the Commissioner shall assess such person an amount de-
termined in accordance with paragraph (2).
‘‘(2) The amount of the assessment under paragraph
(1) shall be—
‘‘(A) $165 (or such different amount as the
Commissioner may prescribe by regulation), if the
Commissioner certifies payment of a fee to a person
described in paragraph (1) out of past-due benefits
payable under this title pursuant to subsection
(a)(4)(A) or (b)(1)(A) (or would so certify such pay-
ment but for a reduction to zero authorized by para-
graph (3)(A)), or
‘‘(B) $40 (or such different amount as the
Commissioner may prescribe by regulation) in any
other case.
‘‘(3)(A) Notwithstanding section 3716 of title 31,
United States Code, and subsections (a)(4) and (b)(1)(A)
of this section, the Commissioner may reduce (to not below
zero) the amount otherwise subject to certification for pay-
ment as a fee to an attorney from past-due benefits in
order to recover any assessment or assessments under this
subsection owing by such attorney (without regard to
whether such assessments derive from the claim giving
rise to the past-due benefits in connection with which the
fee payment is subject to certification).
‘‘(B) The Commissioner shall establish by regulation
procedures for the collection of assessments under this
subsection not recoverable as provided in subparagraph
(A).
‘‘(4) Assessments collected under this subsection
shall be credited to a special trust fund receipt account
established in the Treasury of the United States for as-
sessments on representatives under this subsection. The
amounts so credited, to the extent and in the amounts pro-
vided in advance in appropriations Acts, shall be available
to defray expenses incurred in carrying out this title and
related laws.
‘‘(5) From amounts credited under paragraph (4) to
the special account established in the Treasury of the
United States for assessments on representatives under
this subsection, there is authorized to be appropriated an
amount not to exceed $19,000,000 for fiscal year 1999,
$26,000,000 for fiscal year 2000, and such sums as may
be necessary for each fiscal year thereafter, for adminis-
trative expenses in carrying out this title and related
laws.’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 206(a)(4)(A) of such Act (42
U.S.C. 406(a)(4)(A)) is amended by striking
the period and inserting ‘‘, except that the
amount otherwise subject to certification may
be reduced (to not less than zero) pursuant to
subsection (d)(3)(A).’’.
(B) Section 206(b)(1)(A) of such Act (42
U.S.C. 406(b)(1)(A)) is amended by striking
the period at the end of the first sentence and
inserting ‘‘, except that the amount otherwise
subject to certification may be reduced (to not
less 
than 
zero) 
pursuant 
to 
subsection
(d)(3)(A).’’.
(b) REPRESENTATIVES OF TITLE XVI CLAIMANTS.—
Section 1631(d)(2) of such Act (42 U.S.C. 1383(d)(2))
is amended by redesignating subparagraph (B) as sub-
paragraph (C) and by inserting after subparagraph (A)
the following new subparagraph:
‘‘(B) The provisions of section 206(d) shall apply to
this part to the same extent as they apply in the case of
title II, except that—
‘‘(i) references therein to title II shall be
deemed to be references to title XVI;
‘‘(ii) references to entitlement to benefits under
title II shall be deemed to be references to eligibility
for benefits under this title;
‘‘(iii) such provisions shall apply only with re-
spect to assessments applicable to cases other than
cases involving certification of payment of a fee to
a representative out of past-due benefits; and
‘‘(iv) the total amount of the appropriations au-
thorized in paragraph (5) thereof for carrying out
this title and title II may not exceed $19,000,000
for fiscal year 1999 and $26,000,000 for fiscal year
2000.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to any person who, for a fee, rep-
resents or otherwise assists a claimant with a claim arising
under title II or title XVI of the Social Security Act, and
whose representation of such claimant in connection with
such claim commences on or after the 60th day following
the date of the enactment of this Act.
SEC. 314. RAILROAD SAFETY.
Section 20115(e) of title 49, United States Code, is
amended by striking ‘‘1995’’ and inserting ‘‘2003’’.
SEC. 315. INCREASE IN CUSTOMS MERCHANDISE PROCESS-
ING FEE.
Section 13031 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c) is amended
as follows:
(1) Subsection (a)(9)(B)(i) is amended by strik-
ing ‘‘0.21 percent nor less than 0.15 percent’’ and
inserting ‘‘0.25 nor less than 0.15 percent’’.
(2) Subsection (f) is amended—
(A) by redesignating paragraphs (4) and
(5) as paragraphs (5) and (6), respectively;
(B) in paragraph (5), as so redesignated,
by striking ‘‘paragraph (5)’’ and inserting
‘‘paragraph (6)’’;
(C) by inserting after paragraph (3) the
following:
‘‘(4) Fees collected under subsection (a)(9) in excess
of .21 percent ad valorem shall be available until expended
for necessary expenses incurred by the Secretary of the
Treasury for the National Customs Automation Program
established under section 411 of the Tariff Act of 1930,
in addition to amounts otherwise available for such pur-
pose.’’; and
(D) in paragraph (1)(B) by striking ‘‘para-
graph (5)’’ and inserting ‘‘paragraph (6)’’.
SEC. 316. PESTICIDE REGISTRATION FEES.
Section 4(i) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136a–1(i)) is amended—
(1) in paragraph (6), by striking ‘‘(5)’’ and in-
serting ‘‘(6)’’;
(2) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(3) by inserting after paragraph (5) the follow-
ing:
‘‘(6) REGISTRATION FEES.—
‘‘(A) AUTHORITY TO LEVY FEE.—The Ad-
ministrator may levy fees upon applicants for
registration and amendments to registration
under section 3 of this Act and applicants for
experimental use permits under section 5 of this
Act, pursuant to regulations similar to sections
152.410(b), 152.412, and 152.414 of title 40,
Code of Federal Regulations (as in effect as of
July 1, 1997), in amounts sufficient to cover
costs associated with the review of such applica-
tions.
‘‘(B) TIME
OF
PAYMENT.—An applicant
upon whom a fee is levied under this paragraph
shall pay the fee at the time of application, un-
less otherwise specified by the Administrator.
‘‘(C) EFFECT
OF
FAILURE
TO
PAY
BY
TIME
PRESCRIBED.—The Administrator may,
by order and without a hearing, deny the appli-
cation of any applicant who fails to pay, within
such time as the Administrator has prescribed,
any fee levied on the applicant under this para-
graph.
‘‘(D) AUTHORITY TO REDUCE OR WAIVE
FEE.—The Administrator may reduce or waive
any fee that would otherwise be assessed under
this paragraph—
‘‘(i) in connection with an application
for an active ingredient that is contained
only in pesticides for which registration is
sought solely for agricultural or non-
agricultural minor use; and
‘‘(ii) in such other circumstances as
the Administrator determines to be in the
public interest.
‘‘(E) USE OF FEES.—The Administrator
shall deposit in a special fund in the Treasury
of the United States all fees collected under this
paragraph, and the amount of such fees shall
be available, subject to appropriation, to carry
out the activities of the Environmental Protec-
tion Agency in the issuance of the registrations
under sections 3 and 5 in respect of which the
fees were paid.’’.
SEC. 317. CHEMICAL PRE–MANUFACTURING NOTIFICATION
FEES.
Notwithstanding section 26(b)(1) of the Toxic Sub-
stances Control Act (15 U.S.C. 2625(b)(1)), the Adminis-
trator of the Environmental Protection Agency is author-
ized to assess, in fiscal year 1999 and thereafter, fees from
any person required to submit data under section 4 or 5
of such Act (15 U.S.C. 2603, 2604) without regard to the
dollar limitations established in section 26(b)(1) of such
Act. Such fees shall be calculated to cover costs associated
with administering those sections of such Act, and shall
be paid at the time of data submission, unless otherwise
specified by the Administrator. The Administrator may
take into account the ability to pay of the person required
to submit the data and the cost to the Administrator of
reviewing such data. The Administrator shall promulgate
rules to implement this section. Such rules may provide
for allocating the fee in any case in which the expenses
of data submission under section 4 or 5 of such Act are
shared. Increased fees collected under this section shall
be deposited in a special fund in the United States Treas-
ury, which thereafter will be available, subject to appro-
priation, to carry out the Administration’s activities for
which such fees are collected.
SEC. 318. NRC USER FEES AND ANNUAL CHARGES.
Section 6101(a)(3) of the Omnibus Budget Reconcili-
ation Act of 1990 (42 U.S.C. 2214(a)(3)) is amended by
striking ‘‘September 30, 1998’’ and inserting ‘‘September
30, 2003’’.
SEC. 318. BANK EXAMINATION FEES.
(a) FDIC EXAMINATION FEES.—Section 10(e)(1) of
the Federal Deposit Insurance Act (12 U.S.C. 1820(e)(1))
is amended to read as follows:
‘‘(1) IN GENERAL.—
‘‘(A) REGULATORY EXAMINATIONS.—Sub-
ject to paragraph (6), the cost of conducting
any examination under subsection (b)(2) of an
insured depository institution described in sub-
paragraph (A) of such subsection shall be as-
sessed by the Corporation against the institu-
tion in an amount sufficient to meet the Cor-
poration’s expenses in carrying out the exam-
ination.
‘‘(B) 
INSURANCE
EXAMINATIONS.—The
cost of conducting any examination of a deposi-
tory institution under subsection (b)(2) or
(b)(3), other than an examination to which sub-
paragraph (A) applies, may be assessed by the
Corporation against the institution to meet the
Corporation’s expenses in carrying out the ex-
amination.’’.
(b) FEDERAL
RESERVE
BOARD
EXAMINATION
FEES.—The 2d sentence of the 8th undesignated para-
graph of section 9 of the Federal Reserve Act (12 U.S.C.
326) is amended—
(1) by striking ‘‘may, in the discretion of the
Board of Governors of the Federal Reserve System,
be assessed’’ and inserting ‘‘shall be assessed, sub-
ject to section 10(e)(6) of the Federal Deposit In-
surance Act,’’; and
(2) by striking ‘‘and, when so assessed, shall be
paid’’ and inserting ‘‘and shall be paid’’.
(c) REASONABLE
REDUCTION
IN
EXAMINATION
FEES FOR STATE BANKS AND SAVINGS ASSOCIATIONS.—
Section 10(e) of the Federal Deposit Insurance Act (12
U.S.C. 1820(e)) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(6) REDUCTIONS AND EXEMPTIONS.—
‘‘(A) REDUCTION FOR DEPOSITORY INSTI-
TUTIONS SUBJECT TO DUAL SUPERVISION.—
‘‘(i) IN
GENERAL.—The amount of
any assessment or other fee imposed on
any State depository institution for an an-
nual regular examination—
‘‘(I) by the Corporation under
paragraph (1)(A);
‘‘(II) by the Board of Governors
of the Federal Reserve System under
the 8th undesignated paragraph of
section 9 of the Federal Reserve Act;
or
‘‘(III) by the Director of the Of-
fice of Thrift Supervision under sec-
tion 9(a) of the Home Owners’ Loan
Act,
during any 12-month period may be re-
duced to the extent the agency determines
to be appropriate to reflect the fact that
the supervision of such State depository in-
stitution by an appropriate State bank su-
pervisor has reduced the need for Federal
supervision.
‘‘(ii) LIMIT ON AMOUNT OF REDUC-
TION.—The amount of any reduction
under clause (i) with respect to any State
depository institution shall not exceed the
amount of an assessment or fee imposed
on such institution by the State bank su-
pervisor for the most recent examination of
the institution by the supervisor before
January 1, 1998 (or, in the case of an in-
stitution which was not subject to an ex-
amination by the State bank supervisor be-
fore such date, the amount which the ap-
propriate Federal banking agency reason-
ably determines would have been imposed
by such supervisor for an examination of
the institution as of such date).
‘‘(iii) 
ADJUSTMENT
FOR
INFLA-
TION.—For purposes of clause (ii), the
amount described in such clause shall be
adjusted annually after December 31,
1998, by the annual percentage increase in
the Consumer Price Index for Urban Wage
Earners and Clerical Workers published by
the Bureau of Labor Statistics.
‘‘(B) EXEMPTION FOR STATE DEPOSITORY
INSTITUTIONS
WITH
ASSETS
OF
LESS
THAN
$100,000,000.—Notwithstanding any other provi-
sion of law, no assessment or other fee for an
annual regular examination may be imposed on
any State depository institution which has total
assets of less than $100,000,000—
‘‘(i) by the Corporation under para-
graph (1)(A);
‘‘(ii) by the Board of Governors of the
Federal Reserve System under the 8th un-
designated paragraph of section 9 of the
Federal Reserve Act; or
‘‘(iii) by the Director of the Office of
Thrift Supervision under section 9(a) of
the Home Owners’ Loan Act.’’.
(d) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 10(b)(2) of the Federal Deposit In-
surance Act (12 U.S.C. 1820(b)(2) is amended by
inserting ‘‘an examination is required under sub-
section (d)(1) or’’ after ‘‘whenever’’.
(2) Section 10(d)(4) of the Federal Deposit In-
surance Act (12 U.S.C. 1820(d)(4)) is amended by
inserting ‘‘and subsection (e)(6)’’ after ‘‘(1), (2),
and (3)’’.
(e) REPORT ON FEES REQUIRED TO BE IMPOSED ON
BANK HOLDING COMPANIES.—Before January 31 of each
calendar year which begins after the date of the enactment
of this Act, the Board of Governors of the Federal Reserve
System shall submit a report to the Congress containing—
(1) the total costs incurred by the Board during
the year preceding the year of such report which are
attributable to each examination of a bank holding
company conducted during such year pursuant to
section 5(c) of the Bank Holding Company Act of
1956; and
(2) the total amount assessed against, and paid
by, each bank holding company under such section
for the examination.
SEC. 319. EXTENSION OF THE RECREATIONAL FEE DEM-
ONSTRATION PROGRAM.
(a) AUTHORITY.—The authority provided to the Na-
tional Park Service under the recreational fee demonstra-
tion program authorized by section 315 of Public Law
104–134 (16 U.S.C. 460l–6a note)—
(1) is extended through September 30, 2005;
and
(2) shall be available for all units of the Na-
tional Park System, except that no recreational ad-
mission fee may be charged at Great Smoky Moun-
tains National Park and Lincoln Home National
Historic Site.
(b) REPORT.—
(1) IN GENERAL.—Not later than September
30, 2000, the Secretary of the Interior shall submit
to the Committee on Resources of the House of Rep-
resentatives and the Committee on Energy and Nat-
ural Resources of the Senate a report detailing the
status of the recreational fee demonstration program
conducted in national parks under section 315 of
Public Law 104–134 (16 U.S.C. 460l–6a note).
(2) CONTENTS.—The report under paragraph
(1) shall contain—
(A) an evaluation of the fee demonstration
program conducted at each national park;
(B) with respect to each national park, a
description of the criteria that were used to de-
termine whether a recreational fee should or
should not be charged at the national park; and
(C) a description of the manner in which
the amount of the fee at each national park was
established.
SEC. 320. CONCESSIONS REFORM.
(a) FINDINGS.—In furtherance of the Act of August
25, 1916 (39 Stat. 535), as amended (16 U.S.C. 1,
2–4), which directs the Secretary of the Interior to admin-
ister areas of the National Park System in accordance
with the fundamental purpose of preserving their scenery,
wildlife, natural and historic objects, and providing for
their enjoyment in a manner that will leave them
unimpaired for the enjoyment of future generations, the
Congress finds that the preservation and conservation of
park resources and values requires that such public ac-
commodations, facilities, and services as the Secretary de-
termines are necessary and appropriate in accordance with
this Act—
(1) should be provided only under carefully con-
trolled safeguards against unregulated and indis-
criminate use so that visitation will not unduly im-
pair these values; and
(2) should be limited to locations and designs
consistent to the highest practicable degree with the
preservation and conservation of park resources and
values.
(b) POLICY.—It is the policy of the Congress that—
(1) development on Federal lands within a park
shall be limited to those facilities and services that
the Secretary determines are necessary and appro-
priate for public use and enjoyment of the park in
which such facilities and services are located;
(2) development of such facilities and services
within a park should be consistent to the highest
practicable degree with the preservation and con-
servation of the park’s resources and values;
(3) such facilities and services should be pro-
vided by private persons, corporations, or other enti-
ties, except when no qualified private interest is will-
ing to provide such facilities and services;
(4) if the Secretary determines that develop-
ment should be provided within a park, such devel-
opment shall be designed, located, and operated in
a manner that is consistent with the purposes for
which such park was established;
(5) the right to provide such services and to de-
velop or utilize such facilities should be awarded to
the person, corporation, or entity submitting the
best proposal through a competitive selection proc-
ess; and
(6) such facilities or services should be provided
to the public at reasonable rates.
(c) DEFINITIONS.—As used in this section:
(1) The term ‘‘concessioner’’ means a person,
corporation, or other entity to whom a concession
contract has been awarded.
(2) The term ‘‘concession contract’’ means a
contract or permit (but not a commercial use au-
thorization issued pursuant to section 6) to provide
facilities or services, or both, at a park.
(3) The term ‘‘facilities’’ means improvements
to real property within parks used to provide accom-
modations, facilities, or services to park visitors.
(4) The term ‘‘park’’ means a unit of the Na-
tional Park System.
(5) The term ‘‘proposal’’ means the complete
proposal for a concession contract offered by a po-
tential or existing concessioner in response to the
minimum requirements for the contract established
by the Secretary.
(6) The term ‘‘Secretary’’ means the Secretary
of the Interior.
(d) REPEAL OF CONCESSION POLICY ACT OF 1965.—
(1) REPEAL.—The Act of October 9, 1965,
Public Law 89–249 (79 Stat. 969, 16 U.S.C. 20–
20g), entitled ‘‘An Act relating to the establishment
of concession policies administered in the areas ad-
ministered by the National Park Service and for
other purposes’’, is hereby repealed. The repeal of
such section shall not affect the validity of any con-
tract entered into under such Act, but the provisions
of this Act shall apply to any such contract except
to the extent such provisions are inconsistent with
the express terms and conditions of the contract.
(2) CONFORMING
AMENDMENT.—The fourth
sentence of section 3 of the Act of August 25, 1916
(16 U.S.C. 3; 39 Stat. 535) is amended by striking
all through ‘‘no natural’’ and inserting in lieu there-
of, ‘‘No natural’’.
(e) CONCESSION POLICY.—Subject to the findings
and policy stated in subsections (a) and (b), and upon a
determination by the Secretary that facilities or services
are necessary and appropriate for the accommodation of
visitors at a park, the Secretary shall, consistent with the
provisions of this section, laws relating generally to the
administration and management of units of the National
Park System, and the park’s general management plan,
concession plan, and other applicable plans, authorize pri-
vate persons, corporations, or other entities to provide and
operate such facilities or services as the Secretary deems
necessary and appropriate.
(f) COMMERCIAL USE AUTHORIZATIONS.—
(1) IN GENERAL.—To the extent specified in
this section, the Secretary, upon request, may au-
thorize a private person, corporation, or other entity
to provide services to park visitors through a com-
mercial use authorization.
(2) CRITERIA FOR ISSUANCE OF AUTHORIZA-
TION.—(A) The authority of this subsection may be
used only to authorize provision of services that the
Secretary determines will have minimal impact on
park resources and values and which are consistent
with the purposes for which the park was established
and with all applicable management plans for such
park.
(B) The Secretary—
(i) shall require payment of a reasonable
fee for issuance for an authorization under this
subsection, such fees to remain available with-
out further appropriation to be used, at a mini-
mum, to recover associated management and
administration costs;
(ii) shall require that the provision of serv-
ices under such an authorization be accom-
plished in a manner consistent to the highest
practicable degree with the preservation and
conservation of park resources and values;
(iii) shall take appropriate steps to limit
the liability of the United States arising from
the provision of services under such an author-
ization; and
(iv) shall have no authority under this sub-
section to issue more authorizations than are
consistent with the preservation and proper
management of park resources and values, and
shall establish such other conditions for
issuance of such an authorization as the Sec-
retary determines appropriate for the protection
of visitors, provision of adequate and appro-
priate visitor services, and protection and prop-
er management of the resources and values of
the park.
(3) LIMITATIONS.—Any authorization issued
under this subsection shall be limited to—
(A) commercial operations with annual
gross revenues of not more than $25,000 result-
ing from services originating and provided sole-
ly within a park pursuant to such authorization;
or
(B) the incidental use of park resources by
commercial operations which provide services
originating outside of the park’s boundaries:
Provided, That such authorization shall not pro-
vide for the construction of any structure, fix-
ture, or improvement on Federal lands within
the park.
(4) DURATION.—The term of any authorization
issued under this subsection shall not exceed 2
years.
(5) OTHER
CONTRACTS.—A person, corpora-
tion, or other entity seeking or obtaining an author-
ization pursuant to this subsection shall not be pre-
cluded from also submitting proposals for concession
contracts.
(g) COMPETITIVE SELECTION PROCESS.—
(1) IN GENERAL.—(A) Except as provided in
paragraph (2), and consistent with the provisions of
paragraph (7), any concession contract entered into
pursuant to this section shall be awarded to the per-
son, corporation, or other entity submitting the best
proposal as determined by the Secretary, through a
at least once in local or national newspapers or trade
publications, as appropriate, and shall make such
prospectus available upon request to all interested
parties.
(ii) A prospectus shall assign a weight to each
factor identified therein related to the importance of
such factor in the selection process. Points shall be
awarded for each such factor, based on the relative
strength of the proposal concerning that factor.
(B) The prospectus shall include, but need not
be limited to, the following information—
(i) the minimum requirements for such
contract, as set forth in subsection (d);
(ii) the terms and conditions of the exist-
ing concession contract awarded for such park,
if any, including all fees and other forms of
compensation provided to the United States by
the concessioner;
(iii) other authorized facilities or services
which may be provided in a proposal;
(iv) facilities and services to be provided by
the Secretary to the concessioner, if any, includ-
ing but not limited to, public access, utilities,
and buildings;
(v) minimum public services to be offered
within a park by the Secretary, including but
not limited to, interpretive programs, campsites,
and visitor centers; and
(vi) such other information related to the
proposed concession operation as is provided to
the Secretary pursuant to a concession contract
or is otherwise available to the Secretary, as the
Secretary determines is necessary to allow for
the submission of competitive proposals.
(4) MINIMUM PROPOSAL REQUIREMENTS.—(A)
No proposal shall be considered which fails to meet
the minimum requirements as determined by the
Secretary. Such minimum requirements shall in-
clude, but need not be limited to—
(i) the minimum acceptable franchise fee;
(ii) any facilities, services, or capital in-
vestment required to be provided by the conces-
sioner; and
(iii) measures necessary to ensure the pro-
tection and preservation of park resources.
(B) The Secretary shall reject any proposal,
notwithstanding the franchise fee offered, if the Sec-
retary determines that the person, corporation, or
entity is not qualified, is likely to provide unsatisfac-
tory service, or that the proposal is not responsive
to the objectives of protecting and preserving park
resources and of providing necessary and appro-
priate facilities or services to the public at reason-
able rates.
(C) If all proposals submitted to the Secretary
either fail to meet the minimum requirements or are
rejected by the Secretary, the Secretary shall estab-
lish new minimum contract requirements and re-ini-
tiate the competitive selection process pursuant to
this section.
(5) SELECTION OF BEST PROPOSAL.—(A) In
selecting the best proposal, the Secretary shall con-
sider the following principal factors:
(i) the responsiveness of the proposal to
the objectives of protecting and preserving park
resources and of providing necessary and appro-
priate facilities and services to the public at
reasonable rates;
(ii) the experience and related background
of the person, corporation, or entity submitting
the proposal, including but not limited to, the
past performance and expertise of such person,
corporation, or entity in providing the same or
similar facilities or services;
(iii) the financial capability of the person,
corporation, or entity submitting the proposal;
and
(iv) the proposed franchise fee: Provided,
That consideration of revenue to the United
States shall be subordinate to the objectives of
protecting and preserving park resources and of
providing necessary and appropriate facilities or
services to the public at reasonable rates.
(B) The Secretary may also consider such sec-
ondary factors as the Secretary deems appropriate.
(C) In developing regulations to implement this
Act, the Secretary shall consider the extent to which
plans for employment of Indians (including Native
Alaskans) and involvement of businesses owned by
Indians, Indian tribes, or Native Alaskans in the op-
eration of concession contracts should be identified
as a factor in the selection of a best proposal under
this section.
(6) CONGRESSIONAL NOTIFICATION.—(A) The
Secretary shall submit any proposed concession con-
tract with anticipated annual gross receipts in excess
of $5,000,000 or a duration of 10 or more years to
the Committee on Resources of the United States
House of Representatives and the Committee on En-
ergy and Natural Resources of the United States
Senate.
(B) The Secretary shall not award any such
proposed contract until at least 60 days subsequent
to the notification of both Committees.
(7) NO PREFERENTIAL RIGHT OF RENEWAL.—
(A) Except as provided in subparagraph (B), the
Secretary shall not grant a preferential right to a
concessioner to renew a concession contract entered
into pursuant to this section.
(B)(i) The Secretary shall grant a preferential
right of renewal with respect to a concession con-
tract covered by paragraphs (8) and (9), subject to
the requirements of the appropriate subsection.
(ii) As used in this paragraph, and paragraphs
(8) and (9), the term ‘‘preferential right of renewal’’
means that the Secretary shall allow a concessioner
satisfying the requirements of this paragraph (and
paragraphs (8) or (9), as appropriate) the oppor-
tunity to match the terms and conditions of any
competing proposal which the Secretary determines
to be the best proposal.
(iii) A concessioner who exercises a preferential
right of renewal in accordance with the requirements
of this subparagraph shall be entitled to award of
the new concession contract with respect to which
such right is exercised.
(8) OUTFITTING AND GUIDE CONTRACTS.—(A)
The provisions of paragraph (g)(2) shall apply
only—
(i) to a concession contract—
(I) which solely authorizes a conces-
sioner to provide outfitting, guide, river
running, or other substantially similar
services within a park; and
(II) which does not grant such conces-
sioner any interest in any structure, fix-
ture, or improvement pursuant to sub-
section (l); and
(ii) where the Secretary determines that
the concessioner has operated satisfactorily dur-
ing the term of the contract (including any ex-
tensions thereof); and
(iii) where the Secretary determines that
the concessioner has submitted a responsive
proposal for a new contract which satisfies the
minimum requirements established by the Sec-
retary pursuant to paragraph (4).
(B) With respect to a concession contract (or
extension thereof) covered by this subsection which
is in effect on the date of enactment of this Act, the
provisions of this paragraph shall apply if the holder
of such contact, under the laws and policies in effect
on the day before the date of enactment of this Act,
would have been entitled to a preferential right to
renew such contract upon its expiration.
(9) CONTRACTS WITH ANNUAL GROSS RECEIPTS
UNDER $500,000.—(A) The provisions of paragraph
(7)(B) shall also apply to a concession contract—
(i) which the Secretary estimates will re-
sult in annual gross receipts of less than
$500,000;
(ii) where the Secretary has determined
that the concessioner has operated satisfactorily
during the term of the contract (including any
extensions thereof); and
(iii) that the concessioner has submitted a
responsive proposal for a new concession con-
tract which satisfies the minimum requirements
established by the Secretary pursuant to para-
graph (4).
(B) The provisions of this paragraph shall not
apply to a concession contract which solely author-
izes a concessioner to provide outfitting, guide, river
running, or other substantially similar services with-
in a park pursuant to paragraph (8).
(10) NO PREFERENTIAL RIGHT TO ADDITIONAL
SERVICES.—The Secretary shall not grant a pref-
erential right to a concessioner to provide new or ad-
ditional services at a park.
(h) FRANCHISE FEES.—
(1) IN GENERAL.—Franchise fees shall not be
less than the minimum fee established by the Sec-
retary for each contract. The minimum fee shall be
determined in a manner that will provide the conces-
sioner with a reasonable opportunity to realize a
profit on the operation as a whole, commensurate
with the capital invested and the obligations as-
sumed under the contract.
(2) MULTIPLE CONTRACTS WITHIN A PARK.—If
multiple concession contracts are awarded to author-
ize concessioners to provide the same or similar out-
fitting, guide, river running, or other similar services
at the same approximate location or resource within
a specific park, the Secretary shall establish an iden-
tical franchise fee for all such contracts, subject to
periodic review and revision by the Secretary. Such
fee shall reflect fair market value.
(e) ADJUSTMENT OF FRANCHISE FEES.—The
amount of any franchise fee for the term of the con-
cession contract shall be specified in the concession
contract and may only be modified to reflect sub-
stantial changes from the conditions specified or an-
ticipated in the contract.
(i) USE OF FRANCHISE FEES.—
(1) DEPOSITS TO TREASURY.—All receipts col-
lected pursuant to this section shall be covered into
a special account established in the Treasury of the
United States. Except as provided in paragraph (2),
amounts covered into such account in a fiscal year
shall be available for expenditure, subject to appro-
priation, solely as follows:
(A) 50 percent shall be allocated among
the units of the National Park System in the
same proportion as franchise fees collected from
a specific unit bears to the total amount cov-
ered into the account for each fiscal year, to be
used for resource management and protection,
maintenance activities, interpretation, and re-
search.
(B) 50 percent shall be allocated among
the units of the National Park System on the
basis of need, in a manner to be determined by
the Secretary, to be used for resource manage-
ment and protection, maintenance activities, in-
terpretation, and research.
(2) SPECIAL
ACCOUNT.—Beginning in fiscal
year 1998, all receipts collected in the previous year
in excess of the following amounts shall be made
available from the special account to the Secretary
without further appropriation, to be allocated among
the units of the National Park System on the basis
of need, in a manner to be determined by the Sec-
retary, to be used for resource management and pro-
tection, maintenance activities, interpretation, and
research:
(A) $17,000,000 for fiscal year 1998.
(B) $18,000,000 for fiscal year 1999.
(C) $18,000,000 for fiscal year 2000.
(D) $18,000,000 for fiscal year 2001.
(E) $18,000,000 for fiscal year 2002.
(3) EXISTING
CONCESSIONER
IMPROVEMENT
FUNDS.—Nothing in this section shall affect or re-
strict the use of funds maintained by a concessioner
in an existing concessioner improvement account
pursuant to a concession contract in effect as of the
date of enactment of this Act. No new, renewed, or
extended contracts entered into after the date of en-
actment of this Act shall provide for or authorize the
use of such concessioner improvement accounts.
(4) INSPECTOR GENERAL AUDITS.—Beginning
in fiscal year 1998, the Inspector General of the De-
partment of the Interior shall conduct a biennial
audit of the concession fees generated pursuant to
this section. The Inspector General shall make a de-
termination as to whether concession fees are being
collected and expended in accordance with this Act
and shall submit copies of each audit to the Commit-
tee on Resources of the United States House of Rep-
resentatives and the Committee on Energy and Nat-
ural Resources of the United States Senate.
(j) DURATION OF CONTRACT.—
(1) MAXIMUM
TERM.—A concession contract
entered into pursuant to this section shall be award-
ed for a term not to exceed 10 years: Provided, how-
ever, That the Secretary may award a contract for
a term of up to 20 years if the Secretary determines
that the contract terms and conditions necessitate a
longer term.
(2) TEMPORARY CONTRACT.—A temporary con-
cession contract awarded on a non-competitive basis
pursuant to subsection (f)(2) shall be for a term not
to exceed 2 years.
(k) TRANSFER OF CONTRACT.—
(1) IN GENERAL.—No concession contract may
be transferred, assigned, sold, or otherwise conveyed
by a concessioner without prior written notification
to, and approval of the Secretary.
(2) APPROVAL OF TRANSFER.—The Secretary
shall not unreasonably withhold approval of a trans-
fer, assignment, sale, or conveyance of a concession
contract, but shall not approve the transfer, assign-
ment, sale, or conveyance of a concession contract to
any individual, corporation or other entity if the Sec-
retary determines that—
(A) such individual, corporation or entity
is, or is likely to be, unable to completely satisfy
all of the requirements, terms, and conditions of
the contract;
(B) such transfer, assignment, sale or con-
veyance is not consistent with the objectives of
protecting and preserving park resources, and
of providing necessary and appropriate facilities
or services to the public at reasonable rates;
(C) such transfer, assignment, sale, or con-
veyance relates to a concession contract which
does not provide to the United States consider-
ation commensurate with the probable value of
the privileges granted by the contract; or
(D) the terms of such transfer, assign-
ment, sale, or conveyance directly or indirectly
attribute a significant value to intangible assets
or otherwise may so reduce the opportunity for
a reasonable profit over the remaining term of
the contract that the United States may be re-
quired to make substantial additional expendi-
tures in order to avoid interruption of services
to park visitors.
(l) PROTECTION OF CONCESSIONER INVESTMENT.—
(1) CURRENT CONTRACT.—(A) A concessioner
who before the date of the enactment of this Act has
acquired or constructed, or is required under an ex-
isting concession contract to commence acquisition
or construction of any structure, fixture, or improve-
ment upon land owned by the United States within
a park, pursuant to such contract, shall have a
possessory interest therein, to the extent provided by
such contract.
(B) Unless otherwise provided in such contract,
said possessory interest shall not be extinguished by
the expiration or termination of the contract and
may not be taken for public use without just com-
pensation. Such possessory interest may be assigned,
transferred, encumbered, or relinquished.
(C) Upon the termination of a concession con-
tract in effect before the date of enactment of this
title, the Secretary shall determine the value of any
outstanding possesory interest applicable to the con-
tract, such value to be determined for all purposes
on the basis of applicable laws and contracts in ef-
fect on the day before the date of enactment of this
Act.
(D) Nothing in this paragraph shall be con-
strued to grant a possessory interest to a conces-
sioner whose contract in effect on the date of enact-
ment of this Act does not include recognition of a
possessory interest.
(2) NEW CONTRACTS.—(A)(i) With respect to a
concession contract entered into on or after the date
of enactment of this Act, the value of any outstand-
ing possessory interest associated with such contract
shall be set at the value determined by the Secretary
pursuant to paragraph (1)(C).
(ii) As a condition of entering into a concession
contract, the value of any outstanding possessory in-
terest shall be reduced on an annual basis, in equal
portions, over the same number of years as the time
period associated with the straight line depreciation
of the structure, fixture, or improvement associated
with such possessory interest, as provided by appli-
cable Federal income tax laws and regulations in ef-
fect on the day before the date of enactment of this
Act.
(iii) In the event that the contract expires or is
terminated prior to the elimination of any outstand-
ing possessory interest, the concessioner shall be en-
titled to receive from the United States or the suc-
cessor concessioner payment equal to the remaining
value of the possessory interest.
(iv) A successor concessioner may not revalue
any outstanding possessory interest, nor the period
of time over which such interest is reduced.
(v) Title to any structure, fixture, or improve-
ment associated with any outstanding possessory in-
terest shall be vested in the United States.
(B)(i) If the Secretary determines during the
competitive selection process that all proposals sub-
mitted either fail to meet the minimum requirements
or are rejected (as provided in subsection (g)), the
Secretary may, solely with respect to any outstand-
ing possessory interest associated with the contract
and established pursuant to a concession contract
entered into prior to the date of enactment of this
Act, suspend the reduction provisions of paragraph
(2)(A)(i) for the duration of the contract, and re-ini-
tiate the competitive selection process as provided in
subsection (g).
(ii) The Secretary may suspend such reduction
provisions only if the Secretary determines that the
establishment of other new minimum contract re-
quirements is not likely to result in the submission
of satisfactory proposals, and that the suspension of
the reduction provisions is likely to result in the sub-
mission of satisfactory proposals: Provided, however,
That nothing in this paragraph shall be construed to
require the Secretary to establish a minimum fran-
chise fee at a level below the franchise fee in effect
for such contract on the day before the expiration
date of the previous contract.
(3) NEW STRUCTURES.—(A) On or after the
date of enactment of this Act, a concessioner who
constructs or acquires a new, additional, or replace-
ment structure, fixture, or improvement upon land
owned by the United States within a park, pursuant
to a concession contract, shall have an interest in
such structure, fixture, or improvement equivalent to
the actual original cost of acquiring or constructing
such structure, fixture, or improvement, less straight
line depreciation over the estimated useful life of the
asset according to Generally Accepted Accounting
Principles: Provided, That in no event shall the esti-
mated useful life of such asset exceed the deprecia-
tion period used for such asset for Federal income
tax purposes.
(B) In the event that the contract expires or is
terminated prior to the recovery of such costs, the
concessioner shall be entitled to receive from the
United States or the successor concessioner payment
equal to the value of the concessioner’s interest in
such structure, fixture, or improvement. A successor
concessioner may not revalue the interest in such
structure, fixture, or improvement, the method of
depreciation, or the estimated useful life of the
asset.
(C) Title to any such structure, fixture, or im-
provement shall be vested in the United States.
(4) INSURANCE, MAINTENANCE, AND REPAIR.—
Nothing in this subsection shall affect the obligation
of a concessioner to insure, maintain, and repair any
structure, fixture, or improvement assigned to such
concessioner and to insure that such structure, fix-
ture, or improvement fully complies with applicable
safety and health laws and regulations.
(m) RATES AND CHARGES TO PUBLIC.—The reason-
ableness of a concessioner’s rates and charges to the pub-
lic shall, unless otherwise provided in the bid specifications
and contract, be judged primarily by comparison with
those rates and charges for facilities and services of com-
parable character under similar conditions, with due con-
sideration for length of season, seasonal variance, average
percentage of occupancy, accessibility, availability and
costs of labor and materials, type of patronage, and other
factors deemed significant by the Secretary.
(n) CONCESSIONER PERFORMANCE EVALUATION.—
(1) REGULATIONS.—As soon as practicable
after the date of enactment of this Act, the Sec-
retary shall publish, after an appropriate period for
public comment, regulations establishing standards
and criteria for evaluating the performance of con-
cessions operating within parks.
(2) PERIODIC
EVALUATION.—(A) The Sec-
retary shall periodically conduct an evaluation of
each concessioner operating under a concession con-
tract pursuant to this Act, as appropriate, to deter-
mine whether such concessioner has performed satis-
factorily. In evaluating a concessioner’s performance,
the Secretary shall seek and consider applicable re-
ports and comments from appropriate Federal,
State, and local regulatory agencies, and shall seek
and consider the applicable views of park visitors
and concession customers. If the Secretary’s per-
formance evaluation results in an unsatisfactory rat-
ing of the concessioner’s overall operation, the Sec-
retary shall provide the concessioner with a list of
the minimum requirements necessary for the oper-
ation to be rated satisfactory, and shall so notify the
concessioner in writing.
(B) The Secretary may terminate a concession
contract if the concessioner fails to meet the mini-
mum operational requirements identified by the Sec-
retary within the time limitations established by the
Secretary at the time notice of the unsatisfactory
rating is provided to the concessioner.
(C) If the Secretary terminates a concession
contract pursuant to this section, the Secretary shall
solicit proposals for a new contract consistent with
the provisions of this Act.
(o) RECORDKEEPING REQUIREMENTS.—
(1) IN GENERAL.—Each concessioner shall keep
such records as the Secretary may prescribe to en-
able the Secretary to determine that all terms of the
concessioner’s contract have been, and are being
faithfully performed, and the Secretary or any of the
Secretary’s duly authorized representatives shall, for
the purpose of audit and examination, have access to
such records and to other books, documents, and pa-
pers of the concessioner pertinent to the contract
and all the terms and conditions thereof as the Sec-
retary deems necessary.
(2) GENERAL ACCOUNTING OFFICE REVIEW.—
The Comptroller General of the United States or
any of his or her duly authorized representatives
shall, until the expiration of five calendar years after
the close of the business year for each concessioner,
have access to and the right to examine any perti-
nent books, documents, papers, and records of the
concessioner related to the contracts or contracts in-
volved.
(p) EXEMPTION FROM CERTAIN LEASE REQUIRE-
MENTS.—The provisions of section 321 of the Act of June
30, 1932 (47 Stat. 412; 40 U.S.C. 303b), relating to the
leasing of buildings and properties of the United States,
shall not apply to contracts awarded by the Secretary pur-
suant to this section.
(q) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated such sums as may be nec-
essary to carry out this Act.
SEC. 321. FEDERAL AVIATION ADMINISTRATION USER
FEES.
(a) USER FUNDING OF THE FEDERAL AVIATION AD-
MINISTRATION.—Section 48104(a) of title 49, United
States Code, is amended—
(1) in paragraph (1), by striking ‘‘; and’’ and
inserting a semicolon;
(2) in paragraph (2), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(3) any cost incurred by the Federal Aviation
Administration after September 30, 1999, that is
authorized by law.’’.
(b) COST RECOVERY FOR FOREIGN AVIATION SERV-
ICES AND CLARIFICATION OF OVERFLIGHT FEE AUTHOR-
ITY.—Section 45301 of title 49, United States Code, is
amended—
(1) in subsection (a)(2), by inserting ‘‘or to any
entity obtaining services outside the United States’’
before the period; and
(2) by striking the period after ‘‘rendered’’ and
inserting ‘‘, including both direct and indirect costs,
as determined by the Administrator, using generally
accepted accounting principles and internationally
accepted economic principles.’’.
Æ