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(2) The Foundation shall use the income generated
from investments in the endowment fund that are attrib-
utable to the payment made under subsection (a) to fund
programs to support the educational needs of children in
public schools in the vicinity of Los Alamos National Lab-
oratory.
SEC. 3137. COST-SHARING FOR OPERATION OF THE HAZ-
ARDOUS 
MATERIALS 
MANAGEMENT 
AND
EMERGENCY RESPONSE TRAINING FACILITY,
RICHLAND, WASHINGTON.
The Secretary of Energy may enter into partnership
arrangements with Federal and non-Federal entities to
share the costs of operating the Hazardous Materials Man-
agement and Emergency Response training facility author-
ized under section 3140 of the National Defense Authoriza-
tion Act for Fiscal Year 1995 (Public Law 103–337; 108
Stat. 3088). Such arrangements may include the exchange
of equipment and services.
SEC. 3138. HANFORD HEALTH INFORMATION NETWORK.
Of the funds authorized to be appropriated or other-
wise made available to the Department of Energy by section
3102, $2,500,000 shall be available for activities relating
to the Hanford Health Information Network established
pursuant to the authority in section 3138 of the National
Defense Authorization Act for Fiscal Year 1991 (Public
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Law 101–510; 104 Stat. 1834), as amended by section
3138(b) of the National Defense Authorization Act for Fis-
cal Year 1995 (Public Law 103–337; 108 Stat. 3087).
SEC. 3139. NONPROLIFERATION ACTIVITIES.
(a) INITIATIVES
FOR PROLIFERATION PREVENTION
PROGRAM.—Of the amount authorized to be appropriated
by section 3103(1)(B), $30,000,000 may be available for the
Initiatives for Proliferation Prevention program.
(b) NUCLEAR CITIES INITIATIVE.—Of the amount au-
thorized to be appropriated by section 3103(1)(B),
$30,000,000 may be available for the purpose of implement-
ing the initiative arising pursuant to the March 1998 dis-
cussions between the Vice President of the United States and
the Prime Minister of the Russian Federation and between
the Secretary of Energy of the United States and the Min-
ister of Atomic Energy of the Russian Federation (the so-
called ‘‘nuclear cities’’ initiative).
SEC. 3140. ACTIVITIES OF THE CONTRACTOR-OPERATED FA-
CILITIES OF THE DEPARTMENT OF ENERGY.
(a) RESEARCH AND ACTIVITIES ON BEHALF OF NON-
DEPARTMENT PERSONS AND ENTITIES.—(1) The Secretary
of Energy may conduct research and other activities re-
ferred to in paragraph (2) through contractor-operated fa-
cilities of the Department of Energy on behalf of other de-
partments and agencies of the Government, agencies of
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State and local governments, and private persons and enti-
ties.
(2) The research and other activities that may be con-
ducted under paragraph (1) are those which the Secretary
is authorized to conduct by law, and include, but are not
limited to, research and activities authorized under the fol-
lowing:
(A) Section 33 of the Atomic Energy Act of 1954
(42 U.S.C. 2053).
(B) Section 107 of the Energy Reorganization
Act of 1974 (42 U.S.C. 5817).
(C) The Federal Nonnuclear Energy Research
and Development Act of 1974 (42 U.S.C. 5901 et
seq.).
(b) CHARGES.—(1) The Secretary shall impose on the
department, agency, or person or entity for whom research
and other activities are carried out under subsection (a)
a charge for such research and activities equal to not more
than the full cost incurred by the contractor concerned in
carrying out such research and activities, which cost shall
include—
(A) the direct cost incurred by the contractor in
carrying out such research and activities; and
(B) the overhead cost including site-wide indirect
costs associated with such research and activities.
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(2)(A) Subject to subparagraph (B), the Secretary
shall also impose on the department, agency, or person or
entity concerned a Federal administrative charge (which
includes any depreciation and imputed interest charges) in
an amount not to exceed 3 percent of the full cost incurred
by the contractor concerned in carrying out the research
and activities concerned.
(B) The Secretary may waive the imposition of the
Federal administrative charge required by subparagraph
(A) in the case of research and other activities conducted
on behalf of small business concerns, institutions of higher
education, non-profit entities, and State and local govern-
ments.
(3) Not later than 2 years after the date of enactment
of this Act, the Secretary shall terminate any waiver of
charges under section 33 of the Atomic Energy Act of 1954
(42 U.S.C. 2053) that were made before such date, unless
the Secretary determines that such waiver should be contin-
ued.
(c) PILOT PROGRAM OF REDUCED FACILITY OVER-
HEAD CHARGES.—(1) The Secretary may, with the co-
operation of participating contractors of the contractor-op-
erated facilities of the Department, carry out a pilot pro-
gram under which the Secretary and such contractors re-
duce the facility overhead charges imposed under this sec-
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tion for research and other activities conducted under this
section.
(2) The Secretary shall carry out the pilot program
at contractor-operated facilities selected by the Secretary in
consultation with the contractors concerned.
(3) The Secretary shall determine the facility overhead
charges to be imposed under the pilot program based on
their joint review of all items included in the overhead costs
of the facility concerned in order to determine which items
are appropriately incurred as facility overhead charges by
the contractor in carrying out research and other activities
at such facility under this section.
(4) The Secretary shall commence carrying out the
pilot program not later than October 1, 1999, and shall ter-
minate the pilot program on September 30, 2003.
(5) Not later than January 31, 2003, the Secretary
shall submit to the congressional defense committees, the
Committee on Energy and Natural Resources of the Senate,
and other appropriate committees of the House of Rep-
resentatives an interim report on the results of the pilot
program under this subsection. The report shall include any
recommendations for the extension or expansion of the pilot
program, including the establishment of multiple rates of
overhead charges for various categories of persons and enti-
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ties seeking research and other activities in contractor-oper-
ated facilities of the Department.
(d) PARTNERSHIPS AND INTERACTIONS.—(1) The Sec-
retary of Energy may encourage partnerships and inter-
actions between each contractor-operated facility of the De-
partment of Energy and universities and private busi-
nesses.
(2) The Secretary may take into account the progress
of each contractor-operated facility of the Department in
developing and expanding partnerships and interactions
under paragraph (1) in evaluating the annual performance
of such contractor-operated facility.
(e) SMALL BUSINESS TECHNOLOGY PARTNERSHIP
PROGRAM.—(1) The Secretary may require that each con-
tractor operating a facility of the Department establish a
program at such facility under which the contractor may
enter into partnerships with small businesses at such facil-
ity relating to technology.
(2) The amount of funds expended by a contractor
under a program under paragraph (1) at a particular facil-
ity may not exceed an amount equal to 0.25 percent of the
total operating budget of the facility.
(3) Amounts expended by a contractor under a pro-
gram—
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(A) shall be used to cover the costs (including re-
search and development costs and technical assistance
costs) incurred by the contractor in connection with
activities under the program; and
(B) may not be used for direct grants to small
businesses.
(4) The Secretary shall submit to the congressional de-
fense committees, the Committee on Energy and Natural
Resources of the Senate, and the appropriate committee of
the House of Representatives, together with the budget of
the President for each fiscal year that is submitted to Con-
gress under section 1105 of title 31, United States Code,
an assessment of the program under this subsection during
the preceding year, including the effectiveness of the pro-
gram in providing opportunities for small businesses to
interact with and use the resources of the contractor-oper-
ated facilities of the Department, the cost of the program
to the Federal Government and any impact on the execution
of the Department’s mission.
SEC. 3140A. RELOCATION OF NATIONAL ATOMIC MUSEUM,
ALBUQUERQUE, NEW MEXICO.
The Secretary of Energy shall submit to the Defense
Committees of Congress a plan for the design, construction,
and relocation of the National Atomic Museum in Albu-
querque, New Mexico.
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Subtitle D—Other Matters
SEC. 3141. REPEAL OF FISCAL YEAR 1998 STATEMENT OF
POLICY ON STOCKPILE STEWARDSHIP PRO-
GRAM.
Section 3156 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat.
2045; 42 U.S.C. 2121 note) is repealed.
SEC. 3142. INCREASE IN MAXIMUM RATE OF PAY FOR SCI-
ENTIFIC, 
ENGINEERING, 
AND 
TECHNICAL
PERSONNEL RESPONSIBLE FOR SAFETY AT
DEFENSE NUCLEAR FACILITIES.
Section 3161(a)(2) of the National Defense Authoriza-
tion Act for Fiscal Year 1995 (42 U.S.C. 7231 note) is
amended by striking out ‘‘level IV of the Executive Schedule
under section 5315’’ and inserting in lieu thereof ‘‘level III
of the Executive Schedule under section 5314’’.
SEC. 3143. SENSE OF SENATE REGARDING TREATMENT OF
FORMERLY UTILIZED SITES REMEDIAL AC-
TION PROGRAM UNDER A NONDEFENSE DIS-
CRETIONARY BUDGET FUNCTION.
It is the sense of the Senate that the Office of Manage-
ment and Budget should, beginning with fiscal year 2000,
transfer the Formerly Utilized Sites Remedial Action Pro-
gram from the 050 budget function to a nondefense discre-
tionary budget function.
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SEC. 3144. EXTENSION OF AUTHORITY FOR APPOINTMENT
OF CERTAIN SCIENTIFIC, ENGINEERING, AND
TECHNICAL PERSONNEL.
Section 3161(c)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 1995 (42 U.S.C. 7231 note) is
amended by striking out ‘‘September 30, 1999’’ and insert-
ing in lieu thereof ‘‘September 30, 2000’’.
SEC. 3145. EXTENSION OF AUTHORITY OF DEPARTMENT OF
ENERGY TO PAY VOLUNTARY SEPARATION IN-
CENTIVE PAYMENTS.
(a) 
EXTENSION.—Notwithstanding 
subsection
(c)(2)(D) of section 663 of the Treasury, Postal Service, and
General Government Appropriations Act, 1997 (Public Law
104–208; 110 Stat. 3009–383; 5 U.S.C. 5597 note), the De-
partment of Energy may pay voluntary separation incen-
tive payments to qualifying employees who voluntarily sep-
arate (whether by retirement or resignation) before January
1, 2001.
(b) EXERCISE OF AUTHORITY.—The Department shall
pay voluntary separation incentive payments under sub-
section (a) in accordance with the provisions of such section
663.
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SEC. 3146. INSPECTION OF PERMANENT RECORDS PRIOR
TO DECLASSIFICATION.
Section 3155 of the National Defense Authorization
Act for Fiscal Year 1996 (P.L. 104–106) is amended by
inserting the following:
‘‘(c) Agencies, including the National Archives and
Records Administration, shall conduct a visual inspection
of all permanent records of historical value which are 25
years old or older prior to declassification to ascertain that
they contain no pages with Restricted Data (RD) or For-
merly Restricted Data (FRD) markings (as defined by the
Atomic Energy Act of 1954, as amended). Record collection
in which marked RD or FRD is found shall be set aside
pending the completion of a review by the Department of
Energy.’’.
SEC. 3147. SENSE OF SENATE REGARDING MEMORANDA OF
UNDERSTANDING WITH THE STATE OF OR-
EGON RELATING TO HANFORD.
(a) FINDINGS.—The Senate makes the following find-
ings:
(1) The Department of Energy and the State of
Washington have entered into memoranda of under-
standing with the State of Oregon to provide the
State of Oregon greater involvement in decisions re-
garding the Hanford Reservation.
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(2) Hanford has an impact on the State of Or-
egon, and the State of Oregon has an interest in the
decisions made regarding Hanford.
(3) The Department of Energy and the State of
Washington are to be congratulated for entering into
the memoranda of understanding with the State of
Oregon regarding Hanford.
(b) SENSE OF SENATE.—It is the sense of the Senate
to—
(1) encourage the Department of Energy and the
State of Washington to implement the memoranda of
understanding regarding Hanford in ways that result
in continued involvement by the State of Oregon in
decisions of concern to the State of Oregon regarding
Hanford; and
(2) encourage the Department of Energy and the
State of Washington to continue similar efforts to
permit ongoing participation by the State of Oregon
in the decisions regarding Hanford that may affect
the environment or public health or safety of the citi-
zens of the State of Oregon.
SEC. 3148. REVIEW OF CALCULATION OF OVERHEAD COSTS
OF CLEANUP AT DEPARTMENT OF ENERGY
SITES.
(a) REVIEW.—(1) The Comptroller General shall—
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(A) carry out a review of the methods currently
used by the Department of Energy for calculating
overhead costs (including direct overhead costs and
indirect overhead costs) associated with the cleanup of
Department sites; and
(B) pursuant to the review, identify how such
costs are allocated among different program and
budget accounts of the Department.
(2) The review shall include the following:
(A) All activities whose costs are spread across
other accounts of a Department site or of any con-
tractor performing work at a site.
(B) Support service overhead costs, including ac-
tivities or services which are paid for on a per-unit-
used basis.
(C) All fees, awards, and other profit on indirect
and support service overhead costs or fees that are not
attributed to performance on a single project.
(D) Any portion of contractor costs for which
there is no competitive bid.
(E) All computer service and information man-
agement costs that have been previously reported as
overhead costs.
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(F) Any other costs that the Comptroller General
considers appropriate to categorize as direct or indi-
rect overhead costs.
(b) REPORT.—Not later than January 31, 1999, the
Comptroller General shall submit to Congress a report set-
ting forth the findings of the Comptroller as a result of the
review under subsection (a). The report shall include the
recommendations of the Comptroller regarding means of
standardizing the methods used by the Department for allo-
cating and reporting overhead costs associated with the
cleanup of Department sites.
SEC. 3149. SENSE OF THE CONGRESS ON FUNDING RE-
QUIREMENTS FOR THE NONPROLIFERATION
SCIENCE AND TECHNOLOGY ACTIVITIES OF
THE DEPARTMENT OF ENERGY.
(a) 
FUNDING
REQUIREMENTS
FOR
THE
NON-
PROLIFERATION SCIENCE
AND TECHNOLOGY ACTIVITIES
BUDGET.—It is the sense of the Congress that for each of
the fiscal years 2000 through 2008, it should be an objective
of the Secretary of Energy to increase the budget for the
nonproliferation science and technology activities for the
fiscal year over the budget for those activities for the preced-
ing fiscal year by a percent that is at least two percent
above the rate of inflation as determined by the Office of
Management and Budget.
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(b) NONPROLIFERATION SCIENCE AND TECHNOLOGY
ACTIVITIES DEFINED.—In this section, the term ‘‘non-
proliferation science and technology activities’’ means ac-
tivities (including program direction activities) relating to
preventing and countering the proliferation of weapons of
mass destruction that are funded by the Department of En-
ergy under the following programs and projects:
(1) The Verification and Control Technology pro-
gram within the Office of Nonproliferation and Na-
tional Security.
(2) Projects under the ‘‘Technology and Systems
Development’’ element of the Nuclear Safeguards and
Security program within the Office of Nonprolifera-
tion and National Security.
(3) Projects relating to a national capability to
assess the credibility of radiological and extortion
threats, or to combat nuclear materials trafficking or
terrorism, under the Emergency Management pro-
gram within the Office of Nonproliferation and Na-
tional Security.
(4) Projects relating to the development or inte-
gration of new technology to respond to emergencies
and threats involving the presence, or possible pres-
ence, of weapons of mass destruction, radiological
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emergencies, and related terrorist threats, under the
Office of Defense Programs.
SEC. 3150. DEADLINE FOR SELECTION OF TECHNOLOGY
FOR TRITIUM PRODUCTION.
(a) DEADLINE.—The Secretary of Energy shall select
a technology for the production of tritium not later than
December 31, 1998.
(b) OPTIONS AVAILABLE FOR SELECTION.—Notwith-
standing any provision of the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.), after the completion of the Depart-
ment of Energy’s evaluation of their Interagency Review
on the production of tritium, the Secretary shall make the
selection for tritium production consistent with the laws,
regulations and procedures of the Department of Energy as
stated in subsection (a).
Subtitle E—Maximum Age for New
Department of Energy Nuclear
Materials Couriers
SEC. 3161. MAXIMUM AGE TO ENTER NUCLEAR COURIER
FORCE.
Section 3307 of title 5, United States Code, is amended
as follows—
(1) by striking in subsection (a) ‘‘and (d)’’ and
inserting in its place ‘‘(d), (e), and (f)’’; and
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(2) by adding the following new subsection (f)
after subsection (e):
‘‘(f) The Secretary of Energy may determine and fix
the maximum age limit for an original appointment to a
position as a Department of Energy nuclear materials cou-
rier, so defined by section 8331(27) of this title.
SEC. 3162. DEFINITION.
Section 8331 of title 5, United States Code, is amended
by adding the following new paragraph (27) after para-
graph (26):
‘‘(27) Department of Energy nuclear materials
courier means an employee of the Department of En-
ergy or its predecessor agencies, the duties of whose
position are primarily to transport, and provide
armed escort and protection during transit of, nuclear
weapons, nuclear weapon components, strategic quan-
tities of special nuclear materials or other materials
related to national security, including an employee
who remains fully certified to engage in this activity
who is transferred to a supervisory, training, or ad-
ministrative position.’’.
SEC. 3163. AMENDING SECTION 8334(a)(1) OF TITLE 5, U.S.C.
(a) The first sentence of section 8334(a)(1) of title 5,
United States Code, is amended by striking ‘‘and a fire-
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fighter’’, and inserting in its place ‘‘a firefighter, and a De-
partment of Energy nuclear materials courier,’’.
(b) Section 8334(c) of title 5, United States Code, is
amended by adding the following new schedule after the
schedule for a Member of the Capitol Police:
‘‘Department of Energy nuclear mate-
rials courier for courier service (while
employed by DOE and its predecessor
agencies).
5 ...........
6 ...........
July 1, 1942 to June 30,
1948.
July 1, 1948 to October 31,
1956.
61⁄2 .......
November 1, 1956 to De-
cember 31, 1969.
7 ...........
January 1, 1970 to Decem-
ber 31, 1974.
71⁄2 .......
After December 31, 1974.’’.
SEC. 3164. AMENDING SECTION 8336(c)(1) OF TITLE 5, U.S.C.
Section 8336(c)(1) of title 5, United States Code, is
amended by striking ‘‘or firefighter’’ and inserting in its
place, ‘‘a firefighter, or a Department of Energy nuclear
materials courier,’’.
SEC. 3165. AMENDING SECTION 8401 OF TITLE 5, U.S.C.
Section 8401 of title 5, United States Code, is amended
by adding the following new paragraph (33) after para-
graph (32):
‘‘(33) Department of Energy nuclear materials
courier means an employee of the Department of En-
ergy or its predecessor agencies, the duties of whose
position are primarily to transport, and provide
armed escort and protection during transit of, nuclear
weapons, nuclear weapons components, strategic
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quantities of special nuclear materials, or other mate-
rials related to national security, including an em-
ployee who remains fully certified to engage in this
activity who is transferred to a supervisory, training,
or administrative position.’’.
SEC. 3166. AMENDING SECTION 8412(d) OF TITLE 5, U.S.C.
Section 8412(d) of title 5, United States Code, is
amended by striking ‘‘or firefighter’’ in paragraphs (1) and
(2) and inserting in its place, ‘‘a firefighter, or a Depart-
ment of Energy nuclear materials courier,’’.
SEC. 3167. AMENDING SECTION 8415(g) OF TITLE 5, U.S.C.
Section 8415(g) of title 5, United States Code, is
amended by striking ‘‘firefighter’’ and inserting in its place
‘‘firefighter, Department of Energy nuclear materials cou-
rier,’’.
SEC. 3168. AMENDING SECTION 8422(a)(3) OF TITLE 5, U.S.C.
Section 8422(a)(3) of title 5, United States Code, is
amended by striking ‘‘firefighter’’ in the schedule and in-
serting in its place ‘‘firefighter, Department of Energy nu-
clear materials courier,’’.
SEC. 3169. AMENDING SECTIONS 8423(a) (1)(B)(i) AND (3)(A)
OF TITLE 5, U.S.C.
Sections 8423(a)(1)(B)(i) and 8423(a)(3)(A) of title 5,
United States Code, are amended by striking ‘‘Firefighters’’
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and inserting in its place ‘‘firefighters, Department of En-
ergy nuclear materials couriers,’’.
SEC. 3170. AMENDING SECTION 8335(b) OF TITLE 5, U.S.C.
Section 8335(b) of title 5, United States Code, is
amended by adding the words ‘‘or Department of Energy
Nuclear Materials Couriers’’ after the word ‘‘officer’’ in the
second sentence.
SEC. 3171. PAYMENTS.
Any payments made by the Department of Energy to
the Civil Service Retirement or Disability Fund pursuant
to this Act shall be made from the Weapons Activities ac-
count.
SEC. 3172. EFFECTIVE DATE.
These amendments are effective at the beginning of the
first pay period in fiscal year 2000, and applies only to
those employees who retire after fiscal year 1999.
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY
BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
1999, $17,500,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2286 et seq.).
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TITLE XXXIII—NATIONAL
DEFENSE STOCKPILE
SEC. 3301.
DEFINITIONS.
In this title:
(1) The term ‘‘National Defense Stockpile’’
means the stockpile provided for in section 4 of the
Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98c).
(2) The term ‘‘National Defense Stockpile Trans-
action Fund’’ means the fund in the Treasury of the
United States established under section 9(a) of the
Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h(a)).
SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) OBLIGATION OF STOCKPILE FUNDS.—During fis-
cal year 1999, the National Defense Stockpile Manager may
obligate up to $83,000,000 of the funds in the National De-
fense Stockpile Transaction Fund for the authorized uses
of such funds under section 9(b)(2) of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h(b)(2)),
including the disposal of hazardous materials that are envi-
ronmentally sensitive.
(b) ADDITIONAL OBLIGATIONS.—The National Defense
Stockpile Manager may obligate amounts in excess of the
amount specified in subsection (a) if the National Defense
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Stockpile Manager notifies Congress that extraordinary or
emergency conditions necessitate the additional obligations.
The National Defense Stockpile Manager may make the ad-
ditional obligations described in the notification after the
end of the 45-day period beginning on the date Congress
receives the notification.
(c) LIMITATIONS.—The authorities provided by this
section shall be subject to such limitations as may be pro-
vided in appropriations Acts.
SEC. 3303. AUTHORITY TO DISPOSE OF CERTAIN MATE-
RIALS IN NATIONAL DEFENSE STOCKPILE.
(a) DISPOSAL REQUIRED.—Subject to subsection (c),
the President shall dispose of materials contained in the Na-
tional Defense Stockpile and specified in the table in sub-
section (b) so as to result in receipts to the United States
in the amount of $103,000,000 by the end of fiscal year
1999 and $377,000,000 by the end of fiscal year 2003.
(b) LIMITATION ON DISPOSAL QUANTITY.—The total
quantities of materials authorized for disposal by the Presi-
dent under subsection (a) may not exceed the amounts set
forth in the following table:
Authorized Stockpile Disposals
Material for disposal
Quantity
Beryllium Metal, vacuum cast ..................................................
227 short tons
Chromium Metal—EL ...............................................................
8,511 short tons
Columbium Carbide Powder ......................................................
21,372 pounds contained
Columbium Ferro .......................................................................
249,395 pounds contained
Columbium Concentrates ...........................................................
1,733,454 pounds contained
Chromium Ferroalloy .................................................................
92,000 short tons
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Authorized Stockpile Disposals—Continued
Material for disposal
Quantity
Diamond, Stones .........................................................................
3,000,000 carats
Germanium Metal ......................................................................
28,198 kilograms
Indium .........................................................................................
14,248 troy ounces
Palladium ....................................................................................
1,227,831 troy ounces
Platinum .....................................................................................
439,887 troy ounces
Tantalum Carbide Powder ........................................................
22,681 pounds contained
Tantalum Metal Powder ............................................................
50,000 pounds contained
Tantalum Minerals ....................................................................
1,751,364 pounds contained
Tantalum Oxide ..........................................................................
122,730 pounds contained
Tungsten Ferro ...........................................................................
2,024,143 pounds
Tungsten Carbide Powder ..........................................................
2,032,954 pounds
Tungsten Metal Powder .............................................................
1,898,009 pounds
Tungsten Ores & Concentrates ..................................................
76,358,230 pounds.
(c) MINIMIZATION OF DISRUPTION AND LOSS.—The
President may not dispose of materials under subsection (a)
to the extent that the disposal will result in—
(1) undue disruption of the usual markets of
producers, processors, and consumers of the materials
proposed for disposal; or
(2) avoidable loss to the United States.
(d) RELATIONSHIP TO OTHER DISPOSAL AUTHOR-
ITY.—The disposal authority provided in subsection (a) is
new disposal authority and is in addition to, and shall not
affect, any other disposal authority provided by law regard-
ing the materials specified in such subsection.
(e) AUTHORIZATION OF SALE.—The authority pro-
vided by this section to dispose of materials contained in
the National Defense Stockpile so as to result in receipts
of $100,000,000 of the amount specified for fiscal year 1999
in subsection (a) by the end of that fiscal year shall be effec-
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tive only to the extent provided in advance in appropria-
tion Acts.
SEC. 3304. USE OF STOCKPILE FUNDS FOR CERTAIN ENVI-
RONMENTAL REMEDIATION, RESTORATION,
WASTE MANAGEMENT, AND COMPLIANCE AC-
TIVITIES.
Section 9(b)(2) of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98h(b)(2)) is amended—
(1) by redesignating subparagraphs (J) and (K)
as subparagraphs (K) and (L), respectively; and
(2) by inserting after subparagraph (I) the fol-
lowing new subparagraph (J):
‘‘(J) Performance of environmental remediation,
restoration, waste management, or compliance activi-
ties at locations of the stockpile that are required
under a Federal law or are undertaken by the Gov-
ernment under an administrative decision or nego-
tiated agreement.’’.
TITLE XXXIV—NAVAL
PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) AMOUNT.—There is hereby authorized to be appro-
priated to the Secretary of Energy $117,000,000 for fiscal
year 1999 for the purposes of carrying out—
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(1) activities under chapter 641 of title 10,
United States Code, relating to the naval petroleum
reserves (as defined in section 7420(2) of such title);
and
(2) activities necessary to terminate the adminis-
tration of Naval Petroleum Reserve Numbered 1 by
the Secretary after the sale of that reserve under sub-
title B of title XXXIV of the National Defense Author-
ization Act for Fiscal Year 1996 (Public Law 104–
106; 10 U.S.C. 7420 note).
(b) AVAILABILITY.—Funds appropriated pursuant to
the authorization in subsection (a) shall remain available
until expended.
TITLE XXXV—PANAMA CANAL
COMMISSION
SEC. 3501. SHORT TITLE; REFERENCES TO PANAMA CANAL
ACT OF 1979.
(a) SHORT TITLE.—This title may be cited as the
‘‘Panama Canal Commission Authorization Act for Fiscal
Year 1999’’.
(b) REFERENCES TO PANAMA CANAL ACT OF 1979.—
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or
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other provision of the Panama Canal Act of 1979 (22
U.S.C. 3601 et seq.).
SEC. 3502. AUTHORIZATION OF EXPENDITURES.
(a) IN GENERAL.—Subject to subsection (b), the Pan-
ama Canal Commission is authorized to use amounts in
the Panama Canal Revolving Fund to make such expendi-
tures within the limits of funds and borrowing authority
available to it in accordance with law, and to make such
contracts and commitments, as may be necessary under the
Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.) for
the operation, maintenance, improvement, and administra-
tion of the Panama Canal for fiscal year 1999.
(b) LIMITATIONS.—For fiscal year 1999, the Panama
Canal Commission may expend from funds in the Panama
Canal Revolving Fund not more than $90,000 for official
reception and representation expenses, of which—
(1) not more than $28,000 may be used for offi-
cial reception and representation expenses of the Su-
pervisory Board of the Commission;
(2) not more than $14,000 may be used for offi-
cial reception and representation expenses of the Sec-
retary of the Commission; and
(3) not more than $48,000 may be used for offi-
cial reception and representation expenses of the Ad-
ministrator of the Commission.
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SEC. 3503. PURCHASE OF VEHICLES.
Notwithstanding any other provision of law, the funds
available to the Commission shall be available for the pur-
chase and transportation to the Republic of Panama of pas-
senger motor vehicles, the purchase price of which shall not
exceed $23,000 per vehicle.
SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE WITH
TREATIES.
Expenditures authorized under this title may be made
only in accordance with the Panama Canal Treaties of
1977 and any law of the United States implementing those
treaties.
SEC. 3505. DONATIONS TO THE COMMISSION.
Section 1102b (22 U.S.C. 3612b) is amended by add-
ing at the end the following new subsection:
‘‘(f)(1) The Commission may seek and accept dona-
tions of funds, property, and services from individuals,
foundations, corporations, and other private and public en-
tities for the purpose of carrying out its promotional activi-
ties.
‘‘(2) The Commission shall establish written guidelines
setting forth the criteria to be used in determining whether
the acceptance of funds, property, or services authorized by
paragraph (1) would reflect unfavorably upon the ability
of the Commission (or any employee of the Commission)
to carry out its responsibilities or official duties in a fair
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and objective manner or would compromise the integrity
or the appearance of the integrity of its programs or of any
official in those programs.’’.
SEC. 3506. AGREEMENTS FOR UNITED STATES TO PROVIDE
POST-TRANSFER ADMINISTRATIVE SERVICES
FOR CERTAIN EMPLOYEE BENEFITS.
Section 1110 (22 U.S.C. 3620) is amended by adding
at the end the following new subsection:
‘‘(c)(1) The Secretary of State may enter into one or
more agreements to provide for the United States to furnish
administrative services relating to the benefits described in
paragraph (2) after December 31, 1999, and to establish
appropriate procedures for providing advance funding for
the services.
‘‘(2) The benefits referred to in paragraph (1) are the
following:
‘‘(A) Pension, disability, and medical benefits
provided by the Panama Canal Commission pursuant
to section 1245.
‘‘(B) Compensation for work injuries covered by
chapter 81 of title 5, United States Code.’’.
SEC. 3507. SUNSET OF UNITED STATES OVERSEAS BENE-
FITS JUST BEFORE TRANSFER.
(a) REPEALS.—Effective 11:59 p.m. (Eastern Stand-
ard Time), December 30, 1999, the following provisions are
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repealed and any right or condition of employment pro-
vided for in, or arising from, those provisions is terminated:
sections 1206 (22 U.S.C. 3646), 1207 (22 U.S.C. 3647),
1217(a), (22 U.S.C. 3657(a)), and 1224(11) (22 U.S.C.
3664(11)), subparagraphs (A), (B), (F), (G), and (H) of
section 1231(a)(2) (22 U.S.C. 3671(a)(2)) and section
1321(e) (22 U.S.C. 3731(e)).
(b) SAVINGS PROVISION FOR BASIC PAY.—Notwith-
standing subsection (a), benefits based on basic pay, as list-
ed in paragraphs (1), (2), (3), (5), and (6) of section 1218
of the Panama Canal Act of 1979, shall be paid as if sec-
tions 1217(a) and 1231(a)(2) (A) and (B) of that Act had
been repealed effective 12:00 p.m., December 31, 1999. The
exception under the preceding sentence shall not apply to
any pay for hours of work performed on December 31, 1999.
(c) NONAPPLICABILITY
TO
AGENCIES
IN
PANAMA
OTHER
THAN
PANAMA
CANAL
COMMISSION.—Section
1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended by striking
out ‘‘the Panama Canal Transition Facilitation Act of
1997’’ and inserting in lieu thereof ‘‘the Panama Canal
Transition Facilitation Act of 1997 (subtitle B of title
XXXV of Public Law 105–85; 110 Stat. 2062), or the Pan-
ama Canal Commission Authorization Act for Fiscal Year
1999’’.
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SEC. 3508. CENTRAL EXAMINING OFFICE.
Section 1223 (22 U.S.C. 3663) is repealed.
SEC. 3509. LIABILITY FOR VESSEL ACCIDENTS.
(a) COMMISSION LIABILITY SUBJECT TO CLAIMANT IN-
SURANCE.—(1) Section 1411(a) (22 U.S.C. 3771(a)) is
amended by inserting ‘‘to section 1419(b) of this Act and’’
after ‘‘Subject’’ in the first sentence.
(2) Section 1412 (22 U.S.C. 3772) is amended by
striking out ‘‘The Commission’’ in the first sentence and
inserting in lieu thereof ‘‘Subject to section 1419(b) of this
Act, the Commission’’.
(3) Section 1416 (22 U.S.C. 3776) is amended by
striking out ‘‘A claimant’’ in the first sentence and insert-
ing in lieu thereof ‘‘Subject to section 1419(b) of this Act,
a claimant’’.
(b) LIMITATION
ON LIABILITY.—Section 1419 (22
U.S.C. 3779) is amended by designating the text as sub-
section (a) and by adding at the end the following:
‘‘(b) The Commission may not consider or pay any
claim under section 1411 or 1412 of this Act, nor may an
action for damages lie thereon, unless the claimant is cov-
ered by one or more valid policies of insurance totalling
at least $1,000,000 against the injuries specified in those
sections. The Commission’s liability on any such claim
shall be limited to damages in excess of all amounts recov-
ered or recoverable by the claimant from its insurers. The
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Commission may not consider or pay any claim by an in-
surer or subrogee of a claimant under section 1411 or 1412
of this Act.’’.
SEC. 3510. PLACEMENT OF UNITED STATES CITIZENS IN
POSITIONS WITH THE UNITED STATES GOV-
ERNMENT.
Section 1232 (22 U.S.C. 3672) is amended—
(1) by striking out subsection (d);
(2) by redesignating subsection (c) as subsection
(d); and
(3) by inserting after subsection (b) the following
new subsection (c):
‘‘(c)(1) Upon the request of an employee or former em-
ployee of the Panama Canal Commission described in para-
graph (2), the employee shall be afforded eligibility for ap-
pointment on a noncompetitive basis to vacant positions
in the competitive service of the civil service within—
‘‘(A) an area determined by the Director of the
Office of Personnel Management as being within a
reasonable commuting distance of the employee’s resi-
dence; or
‘‘(B) in the case of an employee in the Republic
of Panama who chooses to so designate, any Standard
Federal Region designated by the employee.
‘‘(2) Paragraph (1) applies to a person who—
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‘‘(A) is a citizen of the United States;
‘‘(B) was an employee of the Panama Canal
Commission on or after July 1, 1998; and
‘‘(C) is in receipt of a notice of separation by
reason of a reduction in force.
‘‘(3) A person’s eligibility for a noncompetitive ap-
pointment under paragraph (1) expires one year after the
date of the separation of that person from employment by
the Panama Canal Commission.
‘‘(4) For the purposes of paragraph (2)(B), an em-
ployee of the dissolution office established to manage Pan-
ama Canal Commission Dissolution Fund established by
section 1305 is an employee of the Panama Canal Commis-
sion.
‘‘(5) In this subsection, the terms ‘civil service’ and
‘competitive service’ have the meanings given such terms in
sections 2101(1) and 2102, respectively, of title 5, United
States Code.’’.
SEC. 3511. PANAMA CANAL BOARD OF CONTRACT APPEALS.
(a) ESTABLISHMENT AND PAY OF BOARD.—Section
3102(a) (22 U.S.C. 3862(a)) is amended—
(1) in paragraph (1), by striking out ‘‘shall’’ in
the first sentence and inserting in lieu thereof ‘‘may’’;
and
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(2) by adding at the end the following new para-
graph:
‘‘(3) Compensation for members of the Board of Con-
tract Appeals shall be established by the Commission’s su-
pervisory board. The annual compensation established for
members may not exceed the rate of basic pay established
for level IV of the Executive Schedule under section 5315
of title 5, United States Code. The compensation of a mem-
ber may not be reduced during the member’s term of office
from the level established at the time of the appointment
of the member.’’.
(b) DEADLINE FOR COMMENCEMENT OF BOARD.—Sec-
tion 3102(e) (22 U.S.C. 3862(e)) is amended by striking
out ‘‘, but not later than January 1, 1999’’.
SEC. 3512. TECHNICAL AMENDMENTS.
(a) PANAMA CANAL ACT
OF 1979.—The Panama
Canal Act of 1979 is amended as follows:
(1) Section 1202(c) (22 U.S.C. 3642(c)) is
amended—
(A) by striking out ‘‘the day before the date
of the enactment of the Panama Canal Transi-
tion Facilitation Act of 1997’’ and inserting in
lieu thereof ‘‘November 17, 1997,’’;
(B) by striking out ‘‘on or after that date’’;
and
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(C) by striking out ‘‘the day before the date
of enactment’’ and inserting in lieu thereof ‘‘that
date’’.
(2) Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is
amended by inserting ‘‘the’’ after ‘‘by the head of’’.
(3) Section 1313 (22 U.S.C. 3723) is amended
by striking out ‘‘subsection (d)’’ in each of subsections
(a), (b), and (d) and inserting in lieu thereof ‘‘sub-
section (c)’’.
(4) Sections 1411(a) and 1412 (22 U.S.C.
3771(a), 3772) are amended by striking out ‘‘the date
of the enactment of the Panama Canal Transition
Facilitation Act of 1997’’ and inserting in lieu there-
of ‘‘by November 18, 1998’’.
(5) Section 1416 (22 U.S.C. 3776) is amended
by striking out ‘‘the date of the enactment of the Pan-
ama Canal Transition Facilitation Act of 1997’’ and
inserting in lieu thereof ‘‘by May 17, 1998’’.
(b) PUBLIC LAW 104–201.—Effective as of September
23, 1996, and as if included therein as enacted, section
3548(b)(3) of the Panama Canal Act Amendments of 1996
(subtitle B of title XXXV of Public Law 104–201; 110 Stat.
2869) is amended by striking out ‘‘section’’ in both items
of quoted matter and inserting in lieu thereof ‘‘sections’’.
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SEC. 3513. OFFICER OF THE DEPARTMENT OF DEFENSE
DESIGNATED AS A MEMBER OF THE PANAMA
CANAL COMMISSION SUPERVISORY BOARD.
(a) AUTHORITY.—Section 1102(a) (22 U.S.C. 3612(a))
is amended—
(1) by striking out the first sentence and insert-
ing in lieu thereof the following: ‘‘The Commission
shall be supervised by a Board composed of nine
members. An officer of the Department of Defense des-
ignated by the Secretary of Defense shall be one of the
members of the Board.’’; and
(2) in the last sentence, by striking out ‘‘Sec-
retary of Defense or a designee of the Secretary of De-
fense’’ and inserting in lieu thereof ‘‘the officer of the
Department of Defense designated by the Secretary of
Defense to be a member of the Board’’.
(b) REPEAL
OF SUPERSEDED PROVISION.—Section
302 of Public Law 105–18 (111 Stat. 168) is repealed.
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TITLE XXXVI—COMMERCIAL AC-
TIVITIES OF PEOPLE’S LIB-
ERATION ARMY
SEC. 3601. APPLICATION OF AUTHORITIES UNDER THE
INTERNATIONAL 
EMERGENCY 
ECONOMIC
POWERS ACT TO CHINESE MILITARY COMPA-
NIES.
(a) DETERMINATION OF COMMUNIST CHINESE MILI-
TARY COMPANIES.—
(1) IN GENERAL.—Subject to paragraphs (2) and
(3), not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense, in con-
sultation with the Attorney General, the Director of
Central Intelligence, and the Director of the Federal
Bureau of Investigation, shall compile a list of per-
sons who are Communist Chinese military companies
and who are operating directly or indirectly in the
United States or any of its territories and possessions,
and shall publish the list of such persons in the Fed-
eral Register. On an ongoing basis, the Secretary of
Defense, in consultation with the Attorney General,
the Director of Central Intelligence, and the Director
of the Federal Bureau of Investigation, shall make ad-
ditions or deletions to the list based on the latest in-
formation available.
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(2) COMMUNIST CHINESE MILITARY COMPANY.—
For purposes of making the determination required
by paragraph (1), the term ‘‘Communist Chinese
military company’’—
(A) means a person that is—
(i) engaged in providing commercial
services, manufacturing, producing, or ex-
porting, and
(ii) owned or controlled by the People’s
Liberation Army, and
(B) includes, but is not limited to, any per-
son identified in the United States Defense Intel-
ligence Agency publication numbered VP–1920–
271–90, dated September 1990, or PC–1921–57–
95, dated October 1995, and any update of such
reports for the purposes of this title.
(b) PRESIDENTIAL AUTHORITY.—
(1) AUTHORITY.—The President may exercise the
authorities set forth in section 203(a) of the Inter-
national Emergency Economic Powers Act (50 U.S.C.
1702(a)) with respect to any commercial activity in
the United States by a Communist Chinese military
company (except with respect to authorities relating
to importation), without regard to section 202 of that
Act.
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(2) PENALTIES.—The penalties set forth in sec-
tion 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) shall apply to violations
of any license, order, or regulation issued under para-
graph (1).
SEC. 3602. DEFINITION.
For purposes of this title, the term ‘‘People’s Libera-
tion Army’’ means the land, naval, and air military serv-
ices, the police, and the intelligence services of the Com-
munist Government of the People’s Republic of China, and
any member of any such service or of such police.
TITLE XXXVII—FORCED OR
INDENTURED LABOR
SEC. 3701. FINDINGS.
Congress makes the following findings:
(1) The United States Customs Service has iden-
tified goods, wares, articles, and merchandise mined,
produced, or manufactured under conditions of con-
vict labor, forced labor, or indentured labor, in several
countries.
(2) The United States Customs Service has made
limited attempts to prohibit the import of products
made with forced labor, resulting in only a few sei-
zures, detention orders, fines, and criminal prosecu-
tions.
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(3) The United States Customs Service has taken
21 formal administrative actions in the form of de-
tention orders against different products destined for
the United States market, found to have been made
with forced labor, including products from the Peo-
ple’s Republic of China.
(4) However, the United States Customs Service
has never formally investigated or pursued enforce-
ment with respect to attempts to import products
made with forced or indentured child labor.
(5) The United States Customs Service can use
additional resources and tools to obtain the timely
and in-depth verification necessary to identify and
interdict products made with forced labor or inden-
tured labor, including forced or indentured child
labor, that are destined for the United States market.
(6) The International Labor Organization esti-
mates that approximately 250,000,000 children be-
tween the ages of 5 and 14 are working in developing
countries, including millions of children in bondage
or otherwise forced to work for little or no pay.
(7) Congress has clearly indicated in Public Law
105–61, Treasury-Postal Service Appropriations,
1998, that forced or indentured child labor constitutes
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forced labor under section 307 of the Tariff Act of
1930 (19 U.S.C. 1307).
SEC. 3702. AUTHORIZATION FOR ADDITIONAL CUSTOMS
PERSONNEL TO MONITOR THE IMPORTATION
OF PRODUCTS MADE WITH FORCED OR IN-
DENTURED LABOR.
There are authorized to be appropriated $2,000,000 for
fiscal year 1999 to the United States Customs Service to
monitor the importation of products made with forced labor
or indentured labor, including forced or indentured child
labor, the importation of which violates section 307 of the
Tariff Act of 1930 or section 1761 of title 18, United States
Code.
SEC. 3703. REPORTING REQUIREMENT ON FORCED LABOR
OR INDENTURED LABOR PRODUCTS DES-
TINED FOR THE UNITED STATES MARKET.
(a) REPORT TO CONGRESS.—Not later than 1 year
after the date of enactment of this Act, the Commissioner
of Customs shall prepare and transmit to Congress a report
on products made with forced labor or indentured labor,
including forced or indentured child labor that are destined
for the United States market.
(b) CONTENTS OF REPORT.—The report under sub-
section (a) shall include information concerning the follow-
ing:
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(1) The extent of the use of forced labor or inden-
tured labor, including forced or indentured child
labor in manufacturing or mining products destined
for the United States market.
(2) The volume of products made or mined with
forced labor or indentured labor, including forced or
indentured child labor that is—
(A) destined for the United States market,
(B) in violation of section 307 of the Tariff
Act of 1930 or section 1761 of title 18, United
States Code, and
(C) seized by the United States Customs
Service.
(3) The progress of the United States Customs
Service in identifying and interdicting products made
with forced labor or indentured labor, including
forced or indentured child labor that are destined for
the United States market.
SEC. 3704. RENEGOTIATING MEMORANDA OF UNDERSTAND-
ING ON FORCED LABOR.
It is the sense of Congress that the President should
determine whether any country with which the United
States has a memorandum of understanding with respect
to reciprocal trade that involves goods made with forced
labor or indentured labor, including forced or indentured
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child labor is frustrating implementation of the memoran-
dum. If an affirmative determination be made, the Presi-
dent should immediately commence negotiations to replace
the current memorandum of understanding with one pro-
viding for effective procedures for the monitoring of forced
labor or indentured labor, including forced or indentured
child labor. The memorandum of understanding should in-
clude improved procedures for requesting investigations of
suspected work sites by international monitors.
TITLE XXXVIII—FAIR TRADE IN
AUTOMOTIVE PARTS
SEC. 3801. SHORT TITLE.
This title may be cited as the ‘‘Fair Trade in Auto-
motive Parts Act of 1998’’.
SEC. 3802. DEFINITIONS.
In this title:
(1) JAPANESE MARKETS.—The term ‘‘Japanese
markets’’ refers to markets, including markets in the
United States and Japan, where automotive parts
and 
accessories, 
both 
original 
equipment 
and
aftermarket, are purchased for use in the manufacture
or repair of Japanese automobiles.
(2) JAPANESE AND OTHER ASIAN MARKETS.—
The term ‘‘Japanese and other Asian markets’’ refers
to markets, including markets in the United States,
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Japan, and other Asian countries, where automotive
parts and accessories, both original equipment and
aftermarket, are purchased for use in the manufacture
or repair of Japanese, American, or other Asian auto-
mobiles.
SEC. 3803. RE-ESTABLISHMENT OF INITIATIVE ON AUTO-
MOTIVE PARTS SALES TO JAPAN.
(a) IN GENERAL.—The Secretary of Commerce shall
re-establish the initiative to increase the sale of United
States made automotive parts and accessories to Japanese
markets.
(b) FUNCTIONS.—In carrying out this section, the Sec-
retary shall—
(1) foster increased access for United States
made automotive parts and accessories to Japanese
companies, including specific consultations on access
to Japanese markets;
(2) facilitate the exchange of information be-
tween United States automotive parts manufacturers
and the Japanese automobile industry;
(3) collect data and market information on the
Japanese 
automotive 
industry 
regarding 
needs,
trends, and procurement practices, including the
types, volume, and frequency of parts sales to Japa-
nese automobile manufacturers;
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(4) establish contacts with Japanese automobile
manufacturers in order to facilitate contact between
United States automotive parts manufacturers and
Japanese automobile manufacturers;
(5) report on and attempt to resolve disputes,
policies or practices, whether public or private, that
result in barriers to increased commerce between
United States automotive parts manufacturers and
Japanese automobile manufacturers;
(6) take actions to initiate periodic consultations
with officials of the Government of Japan regarding
sales of United States-made automotive parts in Jap-
anese markets; and
(7) transmit to Congress the annual report pre-
pared by the Special Advisory Committee under sec-
tion 3804(c)(5).
SEC. 3804. ESTABLISHMENT OF SPECIAL ADVISORY COM-
MITTEE ON AUTOMOTIVE PARTS SALES IN
JAPANESE AND OTHER ASIAN MARKETS.
(a) IN GENERAL.—The Secretary of Commerce shall
seek the advice of the United States automotive parts indus-
try in carrying out this title.
(b) ESTABLISHMENT OF COMMITTEE.—The Secretary
of Commerce shall establish a Special Advisory Committee
for purposes of carrying out this title.
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(c) FUNCTIONS.—The Special Advisory Committee es-
tablished under subsection (b) shall—
(1) report to the Secretary of Commerce on bar-
riers to sales of United States-made automotive parts
and accessories in Japanese and other Asian markets;
(2) review and consider data collected on sales of
United States-made automotive parts and accessories
in Japanese and other Asian markets;
(3) advise the Secretary of Commerce during
consultations with other governments on issues con-
cerning sales of United States-made automotive parts
in Japanese and other Asian markets;
(4) assist in establishing priorities for the initia-
tive established under section 3803, and otherwise
provide assistance and direction to the Secretary of
Commerce in carrying out the intent of that section;
and
(5) assist the Secretary in reporting to Congress
by submitting an annual written report to the Sec-
retary on the sale of United States-made automotive
parts in Japanese and other Asian markets, as well
as any other issues with respect to which the Commit-
tee provides advice pursuant to this title.
(d) AUTHORITY.—The Secretary of Commerce shall
draw on existing budget authority in carrying out this title.
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SEC. 3805. EXPIRATION DATE.
The authority under this title shall expire on December
31, 2003.
TITLE XXXIX —RADIO FREE ASIA
SEC. 3901. SHORT TITLE.
This title may be cited as the ‘‘Radio Free Asia Act
of 1998’’.
SEC. 3902. FINDINGS.
The Congress makes the following findings:
(1) The Government of the People’s Republic of
China systematically controls the flow of information
to the Chinese people.
(2) The Government of the People’s Republic of
China demonstrated that maintaining its monopoly
on political power is a higher priority than economic
development by announcing in January 1996 that its
official news agency, Xinhua, will supervise wire
services selling economic information, including Dow
Jones-Telerate, Bloomberg, and Reuters Business, and
in announcing in February 1996 the ‘‘Interim Inter-
net Management Rules’’, which have the effect of cen-
soring computer networks.
(3) Under the May 30, 1997, order of Premier Li
Peng, all organizations that engage in business activi-
ties related to international computer networking
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must now apply for a license, increasing still further
government control over access to the Internet.
(4) Both Radio Free Asia and the Voice of Amer-
ica, as a surrogate for a free press in the People’s Re-
public of China, provide an invaluable source of un-
censored information to the Chinese people, including
objective and authoritative news of in-country and re-
gional events, as well as accurate news about the
United States and its policies.
(5) Enhanced broadcasting service to China and
Tibet can efficiently be established through a com-
bination of Radio Free Asia and Voice of America
programming.
(6) Radio Free Asia and Voice of America, in
working toward continuously broadcasting to the Peo-
ple’s Republic of China in multiple languages, have
the capability to establish 24-hour-a-day Mandarin
broadcasting to that nation by staggering the hours of
Radio Free Asia and Voice of America.
(7) Simultaneous broadcastings on Voice of
America radio and Worldnet television 7 days a week
in Mandarin are also important and needed capabili-
ties.
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SEC. 3903. AUTHORIZATION OF APPROPRIATIONS FOR IN-
CREASED FUNDING FOR RADIO FREE ASIA
AND VOICE OF AMERICA BROADCASTING TO
CHINA.
(a) AUTHORIZATION OF APPROPRIATIONS FOR RADIO
FREE ASIA.—
(1) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated for ‘‘Radio
Free Asia’’ $30,000,000 for fiscal year 1998 and
$22,000,000 for fiscal year 1999.
(2) LIMITATIONS.—Of the funds under para-
graph (1) authorized to be appropriated for fiscal
year 1998, $8,000,000 is authorized to be appro-
priated for one-time capital costs.
(3) SENSE
OF
CONGRESS.—It is the sense of
Congress that of the funds under paragraph (1), a
significant amount shall be directed towards broad-
casting to China and Tibet in the appropriate lan-
guages and dialects.
(b) AUTHORIZATION OF APPROPRIATIONS FOR INTER-
NATIONAL BROADCASTING TO CHINA.—In addition to such
sums as are otherwise authorized to be appropriated for
‘‘International Broadcasting Activities’’ for fiscal years
1998 and 1999, there are authorized to be appropriated for
‘‘International Broadcasting Activities’’ $5,000,000 for fis-
cal year 1998 and $3,000,000 for fiscal year 1999, which
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shall be available only for enhanced Voice of America broad-
casting to China. Of the funds authorized under this sub-
section $100,000 is authorized to be appropriated for each
of the fiscal years 1998 and 1999 for additional personnel
to staff Hmong language broadcasting.
(c) AUTHORIZATION OF APPROPRIATIONS FOR RADIO
CONSTRUCTION.—In addition to such sums as are otherwise
authorized to be appropriated for ‘‘Radio Construction’’ for
fiscal years 1998 and 1999, there are authorized to be ap-
propriated for ‘‘Radio Construction’’ $10,000,000 for fiscal
year 1998 and $2,000,000 for fiscal year 1999, which shall
be available only for construction in support of enhanced
broadcasting to China, including the timely augmentation
of transmitters at Tinian, the Commonwealth of the North-
ern Mariana Islands.
SEC. 3904. REPORTING REQUIREMENT.
(a) REPORT.—Not later than 90 days after the date
of enactment of this Act, the Broadcasting Board of Gov-
ernors shall prepare and submit to the appropriate congres-
sional committees an assessment of the board’s efforts to in-
crease broadcasting by Radio Free Asia and Voice of Amer-
ica to China and Tibet. This report shall include an analy-
sis of Chinese government control of the media, the ability
of independent journalists and news organizations to oper-
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HR 3616 EAS1S
ate in China, and the results of any research conducted to
quantify listenership.
(b) PURPOSES.—For purposes of this section, appro-
priate congressional committees are defined as the Senate
Committees on Foreign Relations and Appropriations and
the House Committees on International Relations and Ap-
propriations.
Attest:
Secretary.