[106th Congress Public Law 113]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ113.106]
[[Page 113 STAT. 1501]]
Public Law 106-113
106th Congress
An Act
Making <<NOTE: Nov. 29, 1999 - [H.R. 3194]>> consolidated
appropriations for the fiscal year ending September 30, 2000, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the serveral departments, agencies, corporations and
other organizational units of the Government for the fiscal year 2000,
and for other purposes, namely:
DIVISION A
DISTRICT OF COLUMBIA APPROPRIATIONS
TITLE <<NOTE: District of Columbia Appropriations Act, 1999.>> I--
FISCAL YEAR 2000 APPROPRIATIONS
FEDERAL FUNDS
Federal Payment for Resident Tuition Support
For a Federal payment to the District of Columbia for a program to
be administered by the Mayor for District of Columbia resident tuition
support, subject to the enactment of authorizing legislation for such
program by Congress, $17,000,000, to remain available until expended:
Provided, That such funds may be used on behalf of eligible District of
Columbia residents to pay an amount based upon the difference between
in-State and out-of-State tuition at public institutions of higher
education, usable at both public and private institutions of higher
education: Provided further, That the awarding of such funds may be
prioritized on the basis of a resident's academic merit and such other
factors as may be authorized: Provided further, That if the authorized
program is a nationwide program, the Mayor may expend up to $17,000,000:
Provided further, That if the authorized program is for a limited number
of States, the Mayor may expend up to $11,000,000: Provided further,
That the District of Columbia may expend funds other than the funds
provided under this heading, including local tax revenues and
contributions, to support such program.
Federal Payment for Incentives for Adoption of Children
For a Federal payment to the District of Columbia to create
incentives to promote the adoption of children in the District of
Columbia foster care system, $5,000,000: Provided, That such funds shall
remain available until September 30, 2001 and shall be used
[[Page 113 STAT. 1502]]
in accordance with a program established by the Mayor and the Council of
the District of Columbia and approved by the Committees on
Appropriations of the House of Representatives and the Senate: Provided
further, That funds provided under this heading may be used to cover the
costs to the District of Columbia of providing tax credits to offset the
costs incurred by individuals in adopting children in the District of
Columbia foster care system and in providing for the health care needs
of such children, in accordance with legislation enacted by the District
of Columbia government.
Federal Payment to the Citizen Complaint Review Board
For a Federal payment to the District of Columbia for administrative
expenses of the Citizen Complaint Review Board, $500,000, to remain
available until September 30, 2001.
Federal Payment to the Department of Human Services
For a Federal payment to the Department of Human Services for a
mentoring program and for hotline services, $250,000.
Federal Payment to the District of Columbia Corrections Trustee
Operations
For salaries and expenses of the District of Columbia Corrections
Trustee, $176,000,000 for the administration and operation of
correctional facilities and for the administrative operating costs of
the Office of the Corrections Trustee, as authorized by section 11202 of
the National Capital Revitalization and Self-Government Improvement Act
of 1997 (Public Law 105-33; 111 Stat. 712): Provided, That
notwithstanding any other provision of law, funds appropriated in this
Act for the District of Columbia Corrections Trustee shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies: Provided further, That
in addition to the funds provided under this heading, the District of
Columbia Corrections Trustee may use a portion of the interest earned on
the Federal payment made to the Trustee under the District of Columbia
Appropriations Act, 1998, (not to exceed $4,600,000) to carry out the
activities funded under this heading.
Federal Payment to the District of Columbia Courts
For salaries and expenses for the District of Columbia Courts,
$99,714,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $7,209,000; for the District of Columbia Superior
Court, $68,351,000; for the District of Columbia Court System,
$16,154,000; and $8,000,000, to remain available until September 30,
2001, for capital improvements for District of Columbia courthouse
facilities: Provided, That of the amounts available for operations of
the District of Columbia Courts, not to exceed $2,500,000 shall be for
the design of an Integrated Justice Information System and that such
funds shall be used in accordance with a plan and design developed by
the courts and approved by the Committees on Appropriations of the House
of Representatives and the Senate: Provided further,
That <<NOTE: Reports.>> notwithstanding any other provision of law, all
amounts under this heading shall be apportioned quarterly
[[Page 113 STAT. 1503]]
by the Office of Management and Budget and obligated and expended in the
same manner as funds appropriated for salaries and expenses of other
Federal agencies, with payroll and financial services to be provided on
a contractual basis with the General Services Administration (GSA), said
services to include the preparation of monthly financial reports, copies
of which shall be submitted directly by GSA to the President and to the
Committees on Appropriations of the Senate and House of Representatives,
the Committee on Governmental Affairs of the Senate, and the Committee
on Government Reform of the House of Representatives.
Defender Services in District of Columbia Courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Code (relating to representation provided under the District of
Columbia Criminal Justice Act), payments for counsel appointed in
proceedings in the Family Division of the Superior Court of the District
of Columbia under chapter 23 of title 16, D.C. Code, and payments for
counsel authorized under section 21-2060, D.C. Code (relating to
representation provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986),
$33,336,000, to remain available until expended: Provided, That the
funds provided in this Act under the heading ``Federal Payment to the
District of Columbia Courts'' (other than the $8,000,000 provided under
such heading for capital improvements for District of Columbia
courthouse facilities) may also be used for payments under this heading:
Provided further, That in addition to the funds provided under this
heading, the Joint Committee on Judicial Administration in the District
of Columbia shall use the interest earned on the Federal payment made to
the District of Columbia courts under the District of Columbia
Appropriations Act, 1999, together with funds provided in this Act under
the heading ``Federal Payment to the District of Columbia Courts''
(other than the $8,000,000 provided under such heading for capital
improvements for District of Columbia courthouse facilities), to make
payments described under this heading for obligations incurred during
fiscal year 1999 if the Comptroller General certifies that the amount of
obligations lawfully incurred for such payments during fiscal year 1999
exceeds the obligational authority otherwise available for making such
payments: Provided further, That such funds shall be administered by the
Joint Committee on Judicial Administration in the District of Columbia:
Provided further, That <<NOTE: Reports.>> notwithstanding any other
provision of law, this appropriation shall be apportioned quarterly by
the Office of Management and Budget and obligated and expended in the
same manner as funds appropriated for expenses of other Federal
agencies, with payroll and financial services to be provided on a
contractual basis with the General Services Administration (GSA), said
services to include the preparation of monthly financial reports, copies
of which shall be submitted directly by GSA to the President and to the
Committees on Appropriations of the Senate and House of Representatives,
the Committee on Governmental Affairs of the Senate, and the Committee
on Government Reform of the House of Representatives.
[[Page 113 STAT. 1504]]
Federal Payment to the Court Services and Offender Supervision Agency
for the District of Columbia
For salaries and expenses of the Court Services and Offender
Supervision Agency for the District of Columbia, as authorized by the
National Capital Revitalization and Self-Government Improvement Act of
1997, (Public Law 105-33; 111 Stat. 712), $93,800,000, of which
$58,600,000 shall be for necessary expenses of Parole Revocation, Adult
Probation, Offender Supervision, and Sex Offender Registration, to
include expenses relating to supervision of adults subject to protection
orders or provision of services for or related to such persons;
$17,400,000 shall be available to the Public Defender Service; and
$17,800,000 shall be available to the Pretrial Services Agency:
Provided, That notwithstanding any other provision of law, all amounts
under this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same manner as
funds appropriated for salaries and expenses of other Federal agencies:
Provided further, That of the amounts made available under this heading,
$20,492,000 shall be used in support of universal drug screening and
testing for those individuals on pretrial, probation, or parole
supervision with continued testing, intermediate sanctions, and
treatment for those identified in need, of which $7,000,000 shall be for
treatment services.
Children's National Medical Center
For a Federal contribution to the Children's National Medical Center
in the District of Columbia, $2,500,000 for construction, renovation,
and information technology infrastructure costs associated with
establishing community pediatric health clinics for high risk children
in medically underserved areas of the District of Columbia.
Federal Payment for Metropolitan Police Department
For payment to the Metropolitan Police Department, $1,000,000, for a
program to eliminate open air drug trafficking in the District of
Columbia: <<NOTE: Reports. Deadline.>> Provided, That the Chief of
Police shall provide quarterly reports to the Committees on
Appropriations of the Senate and House of Representatives by the 15th
calendar day after the end of each quarter beginning December 31, 1999,
on the status of the project financed under this heading.
Federal Payment to the General Services Administration
For a Federal payment to the Administrator of General Services for
activities carried out as a result of the transfer of the property on
which the Lorton Correctional Complex is located to the General Services
Administration, $6,700,000, to remain available until expended.
[[Page 113 STAT. 1505]]
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division of Expenses
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the general fund of the District of
Columbia, except as otherwise specifically provided.
Governmental Direction and Support
Governmental direction and support, $162,356,000 (including
$137,134,000 from local funds, $11,670,000 from Federal funds, and
$13,552,000 from other funds): Provided, That not to exceed $2,500 for
the Mayor, $2,500 for the Chairman of the Council of the District of
Columbia, and $2,500 for the City Administrator shall be available from
this appropriation for official purposes: Provided further, That any
program fees collected from the issuance of debt shall be available for
the payment of expenses of the debt management program of the District
of Columbia: Provided further, That no revenues from Federal sources
shall be used to support the operations or activities of the Statehood
Commission and Statehood Compact Commission: Provided further, That the
District of Columbia shall identify the sources of funding for Admission
to Statehood from its own locally-generated revenues: Provided further,
That all employees permanently assigned to work in the Office of the
Mayor shall be paid from funds allocated to the Office of the Mayor:
Provided further, That, notwithstanding any other provision of law now
or hereafter enacted, no Member of the District of Columbia Council
eligible to earn a part-time salary of $92,520, exclusive of the Council
Chairman, shall be paid a salary of more than $84,635 during fiscal year
2000.
Economic Development and Regulation
Economic development and regulation, $190,335,000 (including
$52,911,000 from local funds, $84,751,000 from Federal funds, and
$52,673,000 from other funds), of which $15,000,000 collected by the
District of Columbia in the form of BID tax revenue shall be paid to the
respective BIDs pursuant to the Business Improvement Districts Act of
1996 (D.C. Law 11-134; D.C. Code, sec. 1-2271 et seq.), and the Business
Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23):
Provided, That such funds are available for acquiring services provided
by the General Services Administration: Provided further, That Business
Improvement Districts shall be exempt from taxes levied by the District
of Columbia.
Public Safety and Justice
Public safety and justice, including purchase or lease of 135
passenger-carrying vehicles for replacement only, including 130 for
police-type use and five for fire-type use, without regard to the
general purchase price limitation for the current fiscal year,
$778,770,000 (including $565,511,000 from local funds, $29,012,000 from
Federal funds, and $184,247,000 from other funds): Provided, That the
Metropolitan Police Department is authorized to replace
[[Page 113 STAT. 1506]]
not to exceed 25 passenger-carrying vehicles and the Department of Fire
and Emergency Medical Services of the District of Columbia is authorized
to replace not to exceed five passenger-carrying vehicles annually
whenever the cost of repair to any damaged vehicle exceeds three-fourths
of the cost of the replacement: Provided further, That not to exceed
$500,000 shall be available from this appropriation for the Chief of
Police for the prevention and detection of crime: Provided
further, <<NOTE: Reports.>> That the Metropolitan Police Department
shall provide quarterly reports to the Committees on Appropriations of
the House of Representatives and the Senate on efforts to increase
efficiency and improve the professionalism in the department: Provided
further, That notwithstanding any other provision of law, or Mayor's
Order 86-45, issued March 18, 1986, the Metropolitan Police Department's
delegated small purchase authority shall be $500,000: Provided further,
That the District of Columbia government may not require the
Metropolitan Police Department to submit to any other procurement review
process, or to obtain the approval of or be restricted in any manner by
any official or employee of the District of Columbia government, for
purchases that do not exceed $500,000: Provided further, That the Mayor
shall reimburse the District of Columbia National Guard for expenses
incurred in connection with services that are performed in emergencies
by the National Guard in a militia status and are requested by the
Mayor, in amounts that shall be jointly determined and certified as due
and payable for these services by the Mayor and the Commanding General
of the District of Columbia National Guard: Provided further, That such
sums as may be necessary for reimbursement to the District of Columbia
National Guard under the preceding proviso shall be available from this
appropriation, and the availability of the sums shall be deemed as
constituting payment in advance for emergency services involved:
Provided further, That the Metropolitan Police Department is authorized
to maintain 3,800 sworn officers, with leave for a 50 officer attrition:
Provided further, That no more than 15 members of the Metropolitan
Police Department shall be detailed or assigned to the Executive
Protection Unit, until the Chief of Police submits a recommendation to
the Council for its review: Provided further, That $100,000 shall be
available for inmates released on medical and geriatric parole: Provided
further, That <<NOTE: Reports.>> commencing on December 31, 1999, the
Metropolitan Police Department shall provide to the Committees on
Appropriations of the Senate and House of Representatives, the Committee
on Governmental Affairs of the Senate, and the Committee on Government
Reform of the House of Representatives, quarterly reports on the status
of crime reduction in each of the 83 police service areas established
throughout the District of Columbia: Provided further, That up to
$700,000 in local funds shall be available for the operations of the
Citizen Complaint Review Board.
Public Education System
Public education system, including the development of national
defense education programs, $867,411,000 (including $721,847,000 from
local funds, $120,951,000 from Federal funds, and $24,613,000 from other
funds), to be allocated as follows: $713,197,000 (including $600,936,000
from local funds, $106,213,000 from Federal funds, and $6,048,000 from
other funds), for the public schools of the
[[Page 113 STAT. 1507]]
District of Columbia; $10,700,000 from local funds for the District of
Columbia Teachers' Retirement Fund; $17,000,000 from local funds,
previously appropriated in this Act as a Federal payment, for resident
tuition support at public and private institutions of higher learning
for eligible District of Columbia residents; $27,885,000 from local
funds for public charter schools: Provided, That if the entirety of this
allocation has not been provided as payments to any public charter
schools currently in operation through the per pupil funding formula,
the funds shall be available for new public charter schools on a per
pupil basis: Provided further, That $480,000 of this amount shall be
available to the District of Columbia Public Charter School Board for
administrative costs; $72,347,000 (including $40,491,000 from local
funds, $13,536,000 from Federal funds, and $18,320,000 from other funds)
for the University of the District of Columbia; $24,171,000 (including
$23,128,000 from local funds, $798,000 from Federal funds, and $245,000
from other funds) for the Public Library; $2,111,000 (including
$1,707,000 from local funds and $404,000 from Federal funds) for the
Commission on the Arts and Humanities: Provided further, That the public
schools of the District of Columbia are authorized to accept not to
exceed 31 motor vehicles for exclusive use in the driver education
program: Provided further, That not to exceed $2,500 for the
Superintendent of Schools, $2,500 for the President of the University of
the District of Columbia, and $2,000 for the Public Librarian shall be
available from this appropriation for official purposes: Provided
further, That none of the funds contained in this Act may be made
available to pay the salaries of any District of Columbia Public School
teacher, principal, administrator, official, or employee who knowingly
provides false enrollment or attendance information under article II,
section 5 of the Act entitled ``An Act to provide for compulsory school
attendance, for the taking of a school census in the District of
Columbia, and for other purposes'', approved February 4, 1925 (D.C.
Code, sec. 31-401 et seq.): Provided further, That this appropriation
shall not be available to subsidize the education of any nonresident of
the District of Columbia at any District of Columbia public elementary
and secondary school during fiscal year 2000 unless the nonresident pays
tuition to the District of Columbia at a rate that covers 100 percent of
the costs incurred by the District of Columbia which are attributable to
the education of the nonresident (as established by the Superintendent
of the District of Columbia Public Schools): Provided further, That this
appropriation shall not be available to subsidize the education of
nonresidents of the District of Columbia at the University of the
District of Columbia, unless the Board of Trustees of the University of
the District of Columbia adopts, for the fiscal year ending September
30, 2000, a tuition rate schedule that will establish the tuition rate
for nonresident students at a level no lower than the nonresident
tuition rate charged at comparable public institutions of higher
education in the metropolitan area: Provided further, That the District
of Columbia Public Schools shall not spend less than $365,500,000 on
local schools through the Weighted Student Formula in fiscal year 2000:
Provided further, That notwithstanding any other provision of law, the
Chief Financial Officer of the District of Columbia shall apportion from
the budget of the District of Columbia Public Schools a sum totaling 5
percent of the total budget to be set aside until the current student
count for Public
[[Page 113 STAT. 1508]]
and Charter schools has been completed, and that this amount shall be
apportioned between the Public and Charter schools based on their
respective student population count: Provided further, That the District
of Columbia Public Schools may spend $500,000 to engage in a Schools
Without Violence program based on a model developed by the University of
North Carolina, located in Greensboro, North Carolina.
Human Support Services
Human support services, $1,526,361,000 (including $635,373,000 from
local funds, $875,814,000 from Federal funds, and $15,174,000 from other
funds): Provided, That $25,150,000 of this appropriation, to remain
available until expended, shall be available solely for District of
Columbia employees' disability compensation: Provided further, That a
peer review committee shall be established to review medical payments
and the type of service received by a disability compensation claimant:
Provided further, That the District of Columbia shall not provide free
government services such as water, sewer, solid waste disposal or
collection, utilities, maintenance, repairs, or similar services to any
legally constituted private nonprofit organization, as defined in
section 411(5) of the Stewart B. McKinney Homeless Assistance Act (101
Stat. 485; Public Law 100-77; 42 U.S.C. 11371), providing emergency
shelter services in the District, if the District would not be qualified
to receive reimbursement pursuant to such Act (101 Stat. 485; Public Law
100-77; 42 U.S.C. 11301 et seq.).
Public Works
Public works, including rental of one passenger-carrying vehicle for
use by the Mayor and three passenger-carrying vehicles for use by the
Council of the District of Columbia and leasing of passenger-carrying
vehicles, $271,395,000 (including $258,341,000 from local funds,
$3,099,000 from Federal funds, and $9,955,000 from other funds):
Provided, That this appropriation shall not be available for collecting
ashes or miscellaneous refuse from hotels and places of business.
Receivership Programs
For all agencies of the District of Columbia government under court
ordered receivership, $342,077,000 (including $217,606,000 from local
funds, $106,111,000 from Federal funds, and $18,360,000 from other
funds).
Workforce Investments
For workforce investments, $8,500,000 from local funds, to be
transferred by the Mayor of the District of Columbia within the various
appropriation headings in this Act for which employees are properly
payable.
Reserve
For a reserve to be established by the Chief Financial Officer of
the District of Columbia and the District of Columbia Financial
[[Page 113 STAT. 1509]]
Responsibility and Management Assistance Authority, $150,000,000.
District of Columbia Financial Responsibility and Management Assistance
Authority
For the District of Columbia Financial Responsibility and Management
Assistance Authority, established by section 101(a) of the District of
Columbia Financial Responsibility and Management Assistance Act of 1995
(109 Stat. 97; Public Law 104-8), $3,140,000: Provided, That none of the
funds contained in this Act may be used to pay any compensation of the
Executive Director or General Counsel of the Authority at a rate in
excess of the maximum rate of compensation which may be paid to such
individual during fiscal year 2000 under section 102 of such Act, as
determined by the Comptroller General (as described in GAO letter report
B-279095.2).
Repayment of Loans and Interest
For payment of principal, interest and certain fees directly
resulting from borrowing by the District of Columbia to fund District of
Columbia capital projects as authorized by sections 462, 475, and 490 of
the District of Columbia Home Rule Act, approved December 24, 1973, as
amended, and that funds shall be allocated for expenses associated with
the Wilson Building, $328,417,000 from local funds: Provided, That for
equipment leases, the Mayor may finance $27,527,000 of equipment cost,
plus cost of issuance not to exceed 2 percent of the par amount being
financed on a lease purchase basis with a maturity not to exceed 5
years: Provided further, That $5,300,000 is allocated to the
Metropolitan Police Department, $3,200,000 for the Fire and Emergency
Medical Services Department, $350,000 for the Department of Corrections,
$15,949,000 for the Department of Public Works and $2,728,000 for the
Public Benefit Corporation.
Repayment of General Fund Recovery Debt
For the purpose of eliminating the $331,589,000 general fund
accumulated deficit as of September 30, 1990, $38,286,000 from local
funds, as authorized by section 461(a) of the District of Columbia Home
Rule Act (105 Stat. 540; D.C. Code, sec. 47-321(a)(1)).
Payment of Interest on Short-Term Borrowing
For payment of interest on short-term borrowing, $9,000,000 from
local funds.
Certificates of Participation
For lease payments in accordance with the Certificates of
Participation involving the land site underlying the building located at
One Judiciary Square, $7,950,000 from local funds.
Optical and Dental Insurance Payments
For optical and dental insurance payments, $1,295,000 from local
funds.
[[Page 113 STAT. 1510]]
Productivity Bank
The Chief Financial Officer of the District of Columbia, under the
direction of the Mayor and the District of Columbia Financial
Responsibility and Management Assistance Authority, shall finance
projects totaling $20,000,000 in local funds that result in cost savings
or additional revenues, by an amount equal to such financing: Provided,
That <<NOTE: Reports. Deadline.>> the Mayor shall provide quarterly
reports to the Committees on Appropriations of the House of
Representatives and the Senate by the 15th calendar day after the end of
each quarter beginning December 31, 1999, on the status of the projects
financed under this heading.
Productivity Bank Savings
The Chief Financial Officer of the District of Columbia, under the
direction of the Mayor and the District of Columbia Financial
Responsibility and Management Assistance Authority, shall make
reductions totaling $20,000,000 in local funds. The reductions are to be
allocated to projects funded through the Productivity Bank that produce
aggregate cost savings or additional revenues in an amount equal to the
Productivity Bank financing: Provided, That the Mayor shall provide
quarterly reports to the Committees on Appropriations of the House of
Representatives and the Senate by the 15th calendar day after the end of
each quarter beginning December 31, 1999, on the status of the cost
savings or additional revenues funded under this heading.
Procurement and Management Savings
The Chief Financial Officer of the District of Columbia, under the
direction of the Mayor and the District of Columbia Financial
Responsibility and Management Assistance Authority, shall make
reductions of $14,457,000 for general supply schedule savings and
$7,000,000 for management reform savings, in local funds to one or more
of the appropriation headings in this Act: Provided, <<NOTE: Reports.>>
That the Mayor shall provide quarterly reports to the Committees on
Appropriations of the House of Representatives and the Senate by the
15th calendar day after the end of each quarter beginning December 31,
1999, on the status of the general supply schedule savings and
management reform savings projected under this heading.
ENTERPRISE AND OTHER FUNDS
Water and Sewer Authority and the Washington Aqueduct
For operation of the Water and Sewer Authority and the Washington
Aqueduct, $279,608,000 from other funds (including $236,075,000 for the
Water and Sewer Authority and $43,533,000 for the Washington Aqueduct)
of which $35,222,000 shall be apportioned and payable to the District's
debt service fund for repayment of loans and interest incurred for
capital improvement projects.
For construction projects, $197,169,000, as authorized by the Act
entitled ``An Act authorizing the laying of watermains and service
sewers in the District of Columbia, the levying of assessments therefor,
and for other purposes'' (33 Stat. 244; Public Law
[[Page 113 STAT. 1511]]
58-140; D.C. Code, sec. 43-1512 et seq.): Provided, That the
requirements and restrictions that are applicable to general fund
capital improvements projects and set forth in this Act under the
Capital Outlay appropriation title shall apply to projects approved
under this appropriation title.
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund, established by
the District of Columbia Appropriation Act for the fiscal year ending
September 30, 1982 (95 Stat. 1174 and 1175; Public Law 97-91), for the
purpose of implementing the Law to Legalize Lotteries, Daily Numbers
Games, and Bingo and Raffles for Charitable Purposes in the District of
Columbia (D.C. Law 3-172; D.C. Code, sec. 2-2501 et seq. and sec. 22-
1516 et seq.), $234,400,000: Provided, That the District of Columbia
shall identify the source of funding for this appropriation title from
the District's own locally generated revenues: Provided further, That no
revenues from Federal sources shall be used to support the operations or
activities of the Lottery and Charitable Games Control Board.
Sports and Entertainment Commission
For the Sports and Entertainment Commission, $10,846,000 from other
funds for expenses incurred by the Armory Board in the exercise of its
powers granted by the Act entitled ``An Act To Establish A District of
Columbia Armory Board, and for other purposes'' (62 Stat. 339; D.C.
Code, sec. 2-301 et seq.) and the District of Columbia Stadium Act of
1957 (71 Stat. 619; Public Law 85-300; D.C. Code, sec. 2-321 et seq.):
Provided, That <<NOTE: Budget.>> the Mayor shall submit a budget for
the Armory Board for the forthcoming fiscal year as required by section
442(b) of the District of Columbia Home Rule Act (87 Stat. 824; Public
Law 93-198; D.C. Code, sec. 47-301(b)).
District of Columbia Health and Hospitals Public Benefit Corporation
For the District of Columbia Health and Hospitals Public Benefit
Corporation, established by D.C. Law 11-212; D.C. Code, sec. 32-262.2,
$133,443,000 of which $44,435,000 shall be derived by transfer from the
general fund and $89,008,000 from other funds.
District of Columbia Retirement Board
For the District of Columbia Retirement Board, established by
section 121 of the District of Columbia Retirement Reform Act of 1979
(93 Stat. 866; D.C. Code, sec. 1-711), $9,892,000 from the earnings of
the applicable retirement funds to pay legal, management, investment,
and other fees and administrative expenses of the District of Columbia
Retirement Board: Provided, That <<NOTE: Reports.>> the District of
Columbia Retirement Board shall provide to the Congress and to the
Council of the District of Columbia a quarterly report of the
allocations of charges by fund and of expenditures of all funds:
Provided further, That <<NOTE: Records.>> the District of Columbia
Retirement Board shall provide the Mayor, for transmittal to the Council
of the District of Columbia, an itemized accounting of the planned use
of appropriated funds in time for each annual
[[Page 113 STAT. 1512]]
budget submission and the actual use of such funds in time for each
annual audited financial report: Provided further, That section
121(c)(1) of the District of Columbia Retirement Reform Act (D.C. Code,
sec. 1-711(c)(1)) is amended by striking ``the total amount to which a
member may be entitled'' and all that follows and inserting the
following: ``the total amount to which a member may be entitled under
this subsection during a year (beginning with 1998) may not exceed
$5,000, except that in the case of the Chairman of the Board and the
Chairman of the Investment Committee of the Board, such amount may not
exceed $7,500 (beginning with 2000).''.
Correctional Industries Fund
For the Correctional Industries Fund, established by the District of
Columbia Correctional Industries Establishment Act (78 Stat. 1000;
Public Law 88-622), $1,810,000 from other funds.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund, $50,226,000
from other funds.
Capital Outlay
(including rescissions)
For construction projects, $1,260,524,000 of which $929,450,000 is
from local funds, $54,050,000 is from the highway trust fund, and
$277,024,000 is from Federal funds, and a rescission of $41,886,500 from
local funds appropriated under this heading in prior fiscal years, for a
net amount of $1,218,637,500 to remain available until expended:
Provided, That funds for use of each capital project implementing agency
shall be managed and controlled in accordance with all procedures and
limitations established under the Financial Management System: Provided
further, That all funds provided by this appropriation title shall be
available only for the specific projects and purposes intended: Provided
further, That notwithstanding the foregoing, all authorizations for
capital outlay projects, except those projects covered by the first
sentence of section 23(a) of the Federal-Aid Highway Act of 1968 (82
Stat. 827; Public Law 90-495; D.C. Code, sec. 7-134, note), for which
funds are provided by this appropriation title, shall expire on
September 30, 2001, except authorizations for projects as to which funds
have been obligated in whole or in part prior to September 30, 2001:
Provided further, That upon expiration of any such project
authorization, the funds provided herein for the project shall lapse.
General Provisions
Sec. 101. <<NOTE: Contracts.>> The expenditure of any appropriation
under this Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
[[Page 113 STAT. 1513]]
Sec. 102. Except as otherwise provided in this Act, all vouchers
covering expenditures of appropriations contained in this Act shall be
audited before payment by the designated certifying official, and the
vouchers as approved shall be paid by checks issued by the designated
disbursing official.
Sec. 103. Whenever in this Act, an amount is specified within an
appropriation for particular purposes or objects of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount that may be expended for said purpose or object rather than an
amount set apart exclusively therefor.
Sec. 104. Appropriations in this Act shall be available, when
authorized by the Mayor, for allowances for privately owned automobiles
and motorcycles used for the performance of official duties at rates
established by the Mayor: Provided, That such rates shall not exceed the
maximum prevailing rates for such vehicles as prescribed in the Federal
Property Management Regulations 101-7 (Federal Travel Regulations).
Sec. 105. Appropriations in this Act shall be available for expenses
of travel and for the payment of dues of organizations concerned with
the work of the District of Columbia government, when authorized by the
Mayor: Provided, That in the case of the Council of the District of
Columbia, funds may be expended with the authorization of the chair of
the Council.
Sec. 106. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of judgments that have been entered against the
District of Columbia government: Provided, That nothing contained in
this section shall be construed as modifying or affecting the provisions
of section 11(c)(3) of title XII of the District of Columbia Income and
Franchise Tax Act of 1947 (70 Stat. 78; Public Law 84-460; D.C. Code,
sec. 47-1812.11(c)(3)).
Sec. 107. Appropriations in this Act shall be available for the
payment of public assistance without reference to the requirement of
section 544 of the District of Columbia Public Assistance Act of 1982
(D.C. Law 4-101; D.C. Code, sec. 3-205.44), and for the payment of the
non-Federal share of funds necessary to qualify for grants under
subtitle A of title II of the Violent Crime Control and Law Enforcement
Act of 1994.
Sec. 108. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 109. No funds appropriated in this Act for the District of
Columbia government for the operation of educational institutions, the
compensation of personnel, or for other educational purposes may be used
to permit, encourage, facilitate, or further partisan political
activities. Nothing herein is intended to prohibit the availability of
school buildings for the use of any community or partisan political
group during non-school hours.
Sec. 110. None of the funds appropriated in this Act shall be made
available to pay the salary of any employee of the District of Columbia
government whose name, title, grade, salary, past work experience, and
salary history are not available for inspection by the House and Senate
Committees on Appropriations, the Subcommittee on the District of
Columbia of the House Committee on Government Reform, the Subcommittee
on Oversight of Government Management, Restructuring and the District of
Columbia
[[Page 113 STAT. 1514]]
of the Senate Committee on Governmental Affairs, and the Council of the
District of Columbia, or their duly authorized representative.
Sec. 111. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making payments
authorized by the District of Columbia Revenue Recovery Act of 1977
(D.C. Law 2-20; D.C. Code, sec. 47-421 et seq.).
Sec. 112. <<NOTE: Lobbying.>> No part of this appropriation shall
be used for publicity or propaganda purposes or implementation of any
policy including boycott designed to support or defeat legislation
pending before Congress or any State legislature.
Sec. 113. <<NOTE: Reports.>> At the start of the fiscal year, the
Mayor shall develop an annual plan, by quarter and by project, for
capital outlay borrowings: Provided, That within a reasonable time after
the close of each quarter, the Mayor shall report to the Council of the
District of Columbia and the Congress the actual borrowings and spending
progress compared with projections.
Sec. 114. The Mayor shall not borrow any funds for capital projects
unless the Mayor has obtained prior approval from the Council of the
District of Columbia, by resolution, identifying the projects and
amounts to be financed with such borrowings.
Sec. 115. The Mayor shall not expend any moneys borrowed for capital
projects for the operating expenses of the District of Columbia
government.
Sec. 116. None of the funds provided under this Act to the agencies
funded by this Act, both Federal and District government agencies, that
remain available for obligation or expenditure in fiscal year 2000, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for an agency through a
reprogramming of funds which: (1) creates new programs; (2) eliminates a
program, project, or responsibility center; (3) establishes or changes
allocations specifically denied, limited or increased by Congress in
this Act; (4) increases funds or personnel by any means for any program,
project, or responsibility center for which funds have been denied or
restricted; (5) reestablishes through reprogramming any program or
project previously deferred through reprogramming; (6) augments existing
programs, projects, or responsibility centers through a reprogramming of
funds in excess of $1,000,000 or 10 percent, whichever is less;
or <<NOTE: Notification.>> (7) increases by 20 percent or more
personnel assigned to a specific program, project, or responsibility
center; unless the Appropriations Committees of both the Senate and
House of Representatives are notified in writing 30 days in advance of
any reprogramming as set forth in this section.
Sec. 117. None of the Federal funds provided in this Act shall be
obligated or expended to provide a personal cook, chauffeur, or other
personal servants to any officer or employee of the District of Columbia
government.
Sec. 118. None of the Federal funds provided in this Act shall be
obligated or expended to procure passenger automobiles as defined in the
Automobile Fuel Efficiency Act of 1980 (94 Stat. 1824; Public Law 96-
425; 15 U.S.C. 2001(2)), with an Environmental Protection Agency
estimated miles per gallon average of less than 22 miles per gallon:
Provided, That this section shall not apply to security, emergency
rescue, or armored vehicles.
[[Page 113 STAT. 1515]]
Sec. 119. (a) City Administrator.--The last sentence of section
422(7) of the District of Columbia Home Rule Act (D.C. Code, sec. 1-
242(7)) is amended by striking ``, not to exceed'' and all that follows
and inserting a period.
(b) Board of Directors of Redevelopment Land Agency.--Section
1108(c)(2)(F) of the District of Columbia Government Comprehensive Merit
Personnel Act of 1978 (D.C. Code, sec. 1-612.8(c)(2)(F)) is amended to
read as follows:
``(F) Redevelopment Land Agency board members shall be paid
per diem compensation at a rate established by the Mayor, except
that such rate may not exceed the daily equivalent of the annual
rate of basic pay for level 15 of the District Schedule for each
day (including travel time) during which they are engaged in the
actual performance of their duties.''.
Sec. 120. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive Merit
Personnel Act of 1978 (D.C. Law 2-139; D.C. Code, sec. 1-601.1 et seq.),
enacted pursuant to section 422(3) of the District of Columbia Home Rule
Act (87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-242(3)), shall
apply with respect to the compensation of District of Columbia
employees: Provided, That for pay purposes, employees of the District of
Columbia government shall not be subject to the provisions of title 5,
United States Code.
Sec. 121. <<NOTE: Deadline.>> No later than 30 days after the end
of the first quarter of the fiscal year ending September 30, 2000, the
Mayor of the District of Columbia shall submit to the Council of the
District of Columbia the new fiscal year 2000 revenue estimates as of
the end of the first quarter of fiscal year 2000. These estimates shall
be used in the budget request for the fiscal year ending September 30,
2001. The officially revised estimates at midyear shall be used for the
midyear report.
Sec. 122. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended without
opening that contract to the competitive bidding process as set forth in
section 303 of the District of Columbia Procurement Practices Act of
1985 (D.C. Law 6-85; D.C. Code, sec. 1-1183.3), except that the District
of Columbia government or any agency thereof may renew or extend sole
source contracts for which competition is not feasible or practical:
Provided, That the determination as to whether to invoke the competitive
bidding process has been made in accordance with duly promulgated rules
and procedures and said determination has been reviewed and approved by
the District of Columbia Financial Responsibility and Management
Assistance Authority.
Sec. 123. For purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985 (99 Stat. 1037; Public Law 99-177), the term
``program, project, and activity'' shall be synonymous with and refer
specifically to each account appropriating Federal funds in this Act,
and any sequestration order shall be applied to each of the accounts
rather than to the aggregate total of those accounts: Provided, That
sequestration orders shall not be applied to any account that is
specifically exempted from sequestration by the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 124. In the event a sequestration order is issued pursuant to
the Balanced Budget and Emergency Deficit Control Act of 1985 (99 Stat.
1037; Public Law 99-177), after the amounts appropriated to the District
of Columbia for the fiscal year involved
[[Page 113 STAT. 1516]]
have been paid to the District of Columbia, the Mayor of the District of
Columbia shall pay to the Secretary of the Treasury, within 15 days
after receipt of a request therefor from the Secretary of the Treasury,
such amounts as are sequestered by the order: Provided, That the
sequestration percentage specified in the order shall be applied
proportionately to each of the Federal appropriation accounts in this
Act that are not specifically exempted from sequestration by such Act.
Sec. 125. (a) An entity of the District of Columbia government may
accept and use a gift or donation during fiscal year 2000 if--
(1) the Mayor approves the acceptance and use of the gift or
donation: Provided, That the Council of the District of Columbia
may accept and use gifts without prior approval by the Mayor;
and
(2) the entity uses the gift or donation to carry out its
authorized functions or duties.
(b) <<NOTE: Records.>> Each entity of the District of Columbia
government shall keep accurate and detailed records of the acceptance
and use of any gift or donation under subsection (a) of this section,
and shall make such records available for audit and public inspection.
(c) For the purposes of this section, the term ``entity of the
District of Columbia government'' includes an independent agency of the
District of Columbia.
(d) This section shall not apply to the District of Columbia Board
of Education, which may, pursuant to the laws and regulations of the
District of Columbia, accept and use gifts to the public schools without
prior approval by the Mayor.
Sec. 126. None of the Federal funds provided in this Act may be used
by the District of Columbia to provide for salaries, expenses, or other
costs associated with the offices of United States Senator or United
States Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3-171;
D.C. Code, sec. 1-113(d)).
Sec. 127. <<NOTE: Deadline. Reports.>> (a) The University of the
District of Columbia shall submit to the Mayor, the District of Columbia
Financial Responsibility and Management Assistance Authority and the
Council of the District of Columbia no later than 15 calendar days after
the end of each quarter a report that sets forth--
(1) current quarter expenditures and obligations, year-to-
date expenditures and obligations, and total fiscal year
expenditure projections versus budget broken out on the basis of
control center, responsibility center, and object class, and for
all funds, non-appropriated funds, and capital financing;
(2) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and for all funding
sources;
(3) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the budget
to which the contract is charged, broken out on the basis of
control center and responsibility center, and contract
identifying codes used by the University of the District of
Columbia; payments made in the last quarter and year-to-date,
the total amount of the contract and total payments made for the
contract and any modifications, extensions,
[[Page 113 STAT. 1517]]
renewals; and specific modifications made to each contract in
the last month;
(4) all reprogramming requests and reports that have been
made by the University of the District of Columbia within the
last quarter in compliance with applicable law; and
(5) changes made in the last quarter to the organizational
structure of the University of the District of Columbia,
displaying previous and current control centers and
responsibility centers, the names of the organizational entities
that have been changed, the name of the staff member supervising
each entity affected, and the reasons for the structural change.
(b) The Mayor, the Authority, and the Council shall provide the
Congress by February 1, 2000, a summary, analysis, and recommendations
on the information provided in the quarterly reports.
Sec. 128. Funds authorized or previously appropriated to the
government of the District of Columbia by this or any other Act to
procure the necessary hardware and installation of new software,
conversion, testing, and training to improve or replace its financial
management system are also available for the acquisition of accounting
and financial management services and the leasing of necessary hardware,
software or any other related goods or services, as determined by the
District of Columbia Financial Responsibility and Management Assistance
Authority.
Sec. 129. (a) None of the funds contained in this Act may be made
available to pay the fees of an attorney who represents a party who
prevails in an action, including an administrative proceeding, brought
against the District of Columbia Public Schools under the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.) if--
(1) the hourly rate of compensation of the attorney exceeds
120 percent of the hourly rate of compensation under section 11-
2604(a), District of Columbia Code; or
(2) the maximum amount of compensation of the attorney
exceeds 120 percent of the maximum amount of compensation under
section 11-2604(b)(1), District of Columbia Code, except that
compensation and reimbursement in excess of such maximum may be
approved for extended or complex representation in accordance
with section 11-2604(c), District of Columbia Code.
(b) <<NOTE: Memorandums.>> Notwithstanding the preceding
subsection, if the Mayor, District of Columbia Financial Responsibility
and Management Assistance Authority and the Superintendent of the
District of Columbia Public Schools concur in a Memorandum of
Understanding setting forth a new rate and amount of compensation, then
such new rates shall apply in lieu of the rates set forth in the
preceding subsection.
Sec. 130. <<NOTE: Abortion.>> None of the funds appropriated under
this Act shall be expended for any abortion except where the life of the
mother would be endangered if the fetus were carried to term or where
the pregnancy is the result of an act of rape or incest.
Sec. 131. <<NOTE: Domestic partners.>> None of the funds made
available in this Act may be used to implement or enforce the Health
Care Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Code, sec. 36-
1401 et seq.) or to otherwise implement or enforce any system of
registration of unmarried, cohabiting couples (whether homosexual,
heterosexual, or lesbian), including but not limited to registration for
the purpose of extending employment, health, or governmental
[[Page 113 STAT. 1518]]
benefits to such couples on the same basis that such benefits are
extended to legally married couples.
Sec. 132. <<NOTE: Deadline. Reports.>> The Superintendent of the
District of Columbia Public Schools shall submit to the Congress, the
Mayor, the District of Columbia Financial Responsibility and Management
Assistance Authority, and the Council of the District of Columbia no
later than 15 calendar days after the end of each quarter a report that
sets forth--
(1) current quarter expenditures and obligations, year-to-
date expenditures and obligations, and total fiscal year
expenditure projections versus budget, broken out on the basis
of control center, responsibility center, agency reporting code,
and object class, and for all funds, including capital
financing;
(2) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and agency reporting
code, and for all funding sources;
(3) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the budget
to which the contract is charged, broken out on the basis of
control center, responsibility center, and agency reporting
code; and contract identifying codes used by the District of
Columbia Public Schools; payments made in the last quarter and
year-to-date, the total amount of the contract and total
payments made for the contract and any modifications,
extensions, renewals; and specific modifications made to each
contract in the last month;
(4) all reprogramming requests and reports that are required
to be, and have been, submitted to the Board of Education; and
(5) changes made in the last quarter to the organizational
structure of the District of Columbia Public Schools, displaying
previous and current control centers and responsibility centers,
the names of the organizational entities that have been changed,
the name of the staff member supervising each entity affected,
and the reasons for the structural change.
Sec. 133. <<NOTE: Reports.>> (a) In General.--The Superintendent of
the District of Columbia Public Schools and the University of the
District of Columbia shall annually compile an accurate and verifiable
report on the positions and employees in the public school system and
the university, respectively. The annual report shall set forth--
(1) the number of validated schedule A positions in the
District of Columbia public schools and the University of the
District of Columbia for fiscal year 1999, fiscal year 2000, and
thereafter on full-time equivalent basis, including a
compilation of all positions by control center, responsibility
center, funding source, position type, position title, pay plan,
grade, and annual salary; and
(2) a compilation of all employees in the District of
Columbia public schools and the University of the District of
Columbia as of the preceding December 31, verified as to its
accuracy in accordance with the functions that each employee
actually performs, by control center, responsibility center,
agency reporting code, program (including funding source),
activity, location for accounting purposes, job title, grade and
classification, annual salary, and position control number.
[[Page 113 STAT. 1519]]
(b) Submission.--The annual report required by subsection (a) of
this section shall be submitted to the Congress, the Mayor, the District
of Columbia Council, the Consensus Commission, and the Authority, not
later than February 15 of each year.
Sec. 134. <<NOTE: Deadline. Budget.>> (a) No later than November 1,
1999, or within 30 calendar days after the date of the enactment of this
Act, whichever occurs later, and each succeeding year, the
Superintendent of the District of Columbia Public Schools and the
University of the District of Columbia shall submit to the appropriate
congressional committees, the Mayor, the District of Columbia Council,
the Consensus Commission, and the District of Columbia Financial
Responsibility and Management Assistance Authority, a revised
appropriated funds operating budget for the public school system and the
University of the District of Columbia for such fiscal year that is in
the total amount of the approved appropriation and that realigns
budgeted data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) The revised budget required by subsection (a) of this section
shall be submitted in the format of the budget that the Superintendent
of the District of Columbia Public Schools and the University of the
District of Columbia submit to the Mayor of the District of Columbia for
inclusion in the Mayor's budget submission to the Council of the
District of Columbia pursuant to section 442 of the District of Columbia
Home Rule Act (Public Law 93-198; D.C. Code, sec. 47-301).
Sec. 135. The District of Columbia Financial Responsibility and
Management Assistance Authority, acting on behalf of the District of
Columbia Public Schools (DCPS) in formulating the DCPS budget, the Board
of Trustees of the University of the District of Columbia, the Board of
Library Trustees, and the Board of Governors of the University of the
District of Columbia School of Law shall vote on and approve the
respective annual or revised budgets for such entities before submission
to the Mayor of the District of Columbia for inclusion in the Mayor's
budget submission to the Council of the District of Columbia in
accordance with section 442 of the District of Columbia Home Rule Act
(Public Law 93-198; D.C. Code, sec. 47-301), or before submitting their
respective budgets directly to the Council.
Sec. 136. (a) Ceiling on Total Operating Expenses.--
(1) In general.--Notwithstanding any other provision of law,
the total amount appropriated in this Act for operating expenses
for the District of Columbia for fiscal year 2000 under the
heading ``Division of Expenses'' shall not exceed the lesser
of--
(A) the sum of the total revenues of the District of
Columbia for such fiscal year; or
(B) $5,515,379,000 (of which $152,753,000 shall be
from intra-District funds and $3,113,854,000 shall be
from local funds), which amount may be increased by the
following:
(i) proceeds of one-time transactions, which
are expended for emergency or unanticipated
operating or capital needs approved by the
District of Columbia Financial Responsibility and
Management Assistance Authority; or
(ii) after notification to the Council,
additional expenditures which the Chief Financial
Officer of the
[[Page 113 STAT. 1520]]
District of Columbia certifies will produce
additional revenues during such fiscal year at
least equal to 200 percent of such additional
expenditures, and that are approved by the
Authority.
(2) Enforcement.--The Chief Financial Officer of the
District of Columbia and the Authority shall take such steps as
are necessary to assure that the District of Columbia meets the
requirements of this section, including the apportioning by the
Chief Financial Officer of the appropriations and funds made
available to the District during fiscal year 2000, except that
the Chief Financial Officer may not reprogram for operating
expenses any funds derived from bonds, notes, or other
obligations issued for capital projects.
(b) Acceptance and Use of Grants Not Included in Ceiling.--
(1) In general.--Notwithstanding subsection (a), the Mayor,
in consultation with the Chief Financial Officer, during a
control year, as defined in section 305(4) of the District of
Columbia Financial Responsibility and Management Assistance Act
of 1995 (Public Law 104-8; 109 Stat. 152), may accept, obligate,
and expend Federal, private, and other grants received by the
District government that are not reflected in the amounts
appropriated in this Act.
(2) Requirement of chief financial officer report and
authority approval.--No such Federal, private, or other grant
may be accepted, obligated, or expended pursuant to paragraph
(1) until--
(A) the Chief Financial Officer of the District of
Columbia submits to the Authority a report setting forth
detailed information regarding such grant; and
(B) the Authority has reviewed and approved the
acceptance, obligation, and expenditure of such grant in
accordance with review and approval procedures
consistent with the provisions of the District of
Columbia Financial Responsibility and Management
Assistance Act of 1995.
(3) Prohibition on spending in anticipation of approval or
receipt.--No amount may be obligated or expended from the
general fund or other funds of the District government in
anticipation of the approval or receipt of a grant under
paragraph (2)(B) of this subsection or in anticipation of the
approval or receipt of a Federal, private, or other grant not
subject to such paragraph.
(4) Quarterly reports.--The Chief Financial Officer of the
District of Columbia shall prepare a quarterly report setting
forth detailed information regarding all Federal, private, and
other grants subject to this subsection. <<NOTE: Deadline.>>
Each such report shall be submitted to the Council of the
District of Columbia, and to the Committees on Appropriations of
the House of Representatives and the Senate, not later than 15
days after the end of the quarter covered by the report.
(c) <<NOTE: Deadline.>> Report on Expenditures by Financial
Responsibility and Management Assistance Authority.--Not later than 20
calendar days after the end of each fiscal quarter starting October 1,
1999, the Authority shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Government Reform of the House, and the Committee on
Governmental Affairs of the Senate providing an itemized
[[Page 113 STAT. 1521]]
accounting of all non-appropriated funds obligated or expended by the
Authority for the quarter. The report shall include information on the
date, amount, purpose, and vendor name, and a description of the
services or goods provided with respect to the expenditures of such
funds.
Sec. 137. If a department or agency of the government of the
District of Columbia is under the administration of a court-appointed
receiver or other court-appointed official during fiscal year 2000 or
any succeeding fiscal year, the receiver or official shall prepare and
submit to the Mayor, for inclusion in the annual budget of the District
of Columbia for the year, annual estimates of the expenditures and
appropriations necessary for the maintenance and operation of the
department or agency. All such estimates shall be forwarded by the Mayor
to the Council, for its action pursuant to sections 446 and 603(c) of
the District of Columbia Home Rule Act, without revision but subject to
the Mayor's recommendations. Notwithstanding any provision of the
District of Columbia Home Rule Act (87 Stat. 774; Public Law 93-198) the
Council may comment or make recommendations concerning such annual
estimates but shall have no authority under such Act to revise such
estimates.
Sec. 138. (a) Notwithstanding any other provision of law, rule, or
regulation, an employee of the District of Columbia public schools shall
be--
(1) classified as an Educational Service employee;
(2) placed under the personnel authority of the Board of
Education; and
(3) subject to all Board of Education rules.
(b) School-based personnel shall constitute a separate competitive
area from nonschool-based personnel who shall not compete with school-
based personnel for retention purposes.
Sec. 139. (a) Restrictions on Use of Official Vehicles.--Except as
otherwise provided in this section, none of the funds made available by
this Act or by any other Act may be used to provide any officer or
employee of the District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance of the
officer's or employee's official duties. For purposes of this paragraph,
the term ``official duties'' does not include travel between the
officer's or employee's residence and workplace (except: (1) in the case
of an officer or employee of the Metropolitan Police Department who
resides in the District of Columbia or is otherwise designated by the
Chief of the Department; (2) at the discretion of the Fire Chief, an
officer or employee of the District of Columbia Fire and Emergency
Medical Services Department who resides in the District of Columbia and
is on call 24 hours a day; (3) the Mayor of the District of Columbia;
and (4) the Chairman of the Council of the District of Columbia).
(b) Inventory of Vehicles.--The Chief Financial Officer of the
District of Columbia shall submit, by November 15, 1999, an inventory,
as of September 30, 1999, of all vehicles owned, leased or operated by
the District of Columbia government. The inventory shall include, but
not be limited to, the department to which the vehicle is assigned; the
year and make of the vehicle; the acquisition date and cost; the general
condition of the vehicle; annual operating and maintenance costs;
current mileage; and whether the vehicle is allowed to be taken home by
a District officer or employee and if so, the officer or employee's
title and resident location.
[[Page 113 STAT. 1522]]
Sec. 140. (a) Source of Payment for Employees Detailed Within
Government.--For purposes of determining the amount of funds expended by
any entity within the District of Columbia government during fiscal year
2000 and each succeeding fiscal year, any expenditures of the District
government attributable to any officer or employee of the District
government who provides services which are within the authority and
jurisdiction of the entity (including any portion of the compensation
paid to the officer or employee attributable to the time spent in
providing such services) shall be treated as expenditures made from the
entity's budget, without regard to whether the officer or employee is
assigned to the entity or otherwise treated as an officer or employee of
the entity.
(b) Modification of Reduction in Force Procedures.--The District of
Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C.
Code, sec. 1-601.1 et seq.), is further amended in section 2408(a) by
striking ``1999'' and inserting ``2000''; in subsection (b), by striking
``1999'' and inserting ``2000''; in subsection (i), by striking ``1999''
and inserting ``2000''; and in subsection (k), by striking ``1999'' and
inserting ``2000''.
Sec. 141. <<NOTE: Deadline.>> Notwithstanding any other provision
of law, not later than 120 days after the date that a District of
Columbia Public Schools (DCPS) student is referred for evaluation or
assessment--
(1) the District of Columbia Board of Education, or its
successor, and DCPS shall assess or evaluate a student who may
have a disability and who may require special education
services; and
(2) if a student is classified as having a disability, as
defined in section 101(a)(1) of the Individuals with
Disabilities Education Act (84 Stat. 175; 20 U.S.C. 1401(a)(1))
or in section 7(8) of the Rehabilitation Act of 1973 (87 Stat.
359; 29 U.S.C. 706(8)), the Board and DCPS shall place that
student in an appropriate program of special education services.
Sec. 142. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
the Buy American Act (41 U.S.C. 10a-10c).
(b) Sense of the Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds made
available in this Act, it is the sense of the Congress that
entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products
to the greatest extent practicable.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act, the
head of each agency of the Federal or District of Columbia
government shall provide to each recipient of the assistance a
notice describing the statement made in paragraph (1) by the
Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally
[[Page 113 STAT. 1523]]
determined by a court or Federal agency that any person intentionally
affixed a label bearing a ``Made in America'' inscription, or any
inscription with the same meaning, to any product sold in or shipped to
the United States that is not made in the United States, the person
shall be ineligible to receive any contract or subcontract made with
funds made available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400 through 9.409
of title 48, Code of Federal Regulations.
Sec. 143. None of the funds contained in this Act may be used for
purposes of the annual independent audit of the District of Columbia
government (including the District of Columbia Financial Responsibility
and Management Assistance Authority) for fiscal year 2000 unless--
(1) the audit is conducted by the Inspector General of the
District of Columbia pursuant to section 208(a)(4) of the
District of Columbia Procurement Practices Act of 1985 (D.C.
Code, sec. 1-1182.8(a)(4)); and
(2) the audit includes a comparison of audited actual year-
end results with the revenues submitted in the budget document
for such year and the appropriations enacted into law for such
year.
Sec. 144. Nothing in this Act shall be construed to authorize any
office, agency or entity to expend funds for programs or functions for
which a reorganization plan is required but has not been approved by the
District of Columbia Financial Responsibility and Management Assistance
Authority. Appropriations made by this Act for such programs or
functions are conditioned only on the approval by the Authority of the
required reorganization plans.
Sec. 145. Notwithstanding any other provision of law, rule, or
regulation, the evaluation process and instruments for evaluating
District of Columbia Public School employees shall be a non-negotiable
item for collective bargaining purposes.
Sec. 146. None of the funds contained in this Act may be used by the
District of Columbia Corporation Counsel or any other officer or entity
of the District government to provide assistance for any petition drive
or civil action which seeks to require Congress to provide for voting
representation in Congress for the District of Columbia.
Sec. 147. None of the funds contained in this Act may be used to
transfer or confine inmates classified above the medium security level,
as defined by the Federal Bureau of Prisons classification instrument,
to the Northeast Ohio Correctional Center located in Youngstown, Ohio.
Sec. 148. (a) Section 202(i) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995 (Public Law 104-8),
as added by section 155 of the District of Columbia Appropriations Act,
1999, <<NOTE: 112 Stat. 2681-146.>> is amended to read as follows:
``( j) Reserve.--
``(1) <<NOTE: Effective date.>> In general.--Beginning with
fiscal year 2000, the plan or budget submitted pursuant to this
Act shall contain $150,000,000 for a reserve to be established
by the Mayor, Council of the District of Columbia, Chief
Financial Officer for the District of Columbia, and the District
of Columbia Financial Responsibility and Management Assistance
Authority.
``(2) Conditions on use.--The reserve funds--
[[Page 113 STAT. 1524]]
``(A) shall only be expended according to criteria
established by the Chief Financial Officer and approved
by the Mayor, Council of the District of Columbia, and
District of Columbia Financial Responsibility and
Management Assistance Authority, but, in no case may any
of the reserve funds be expended until any other surplus
funds have been used;
``(B) shall not be used to fund the agencies of the
District of Columbia government under court ordered
receivership; and
``(C) shall not be used to fund shortfalls in the
projected reductions budgeted in the budget proposed by
the District of Columbia government for general supply
schedule savings and management reform savings.
``(3) <<NOTE: Notification.>> Report requirement.--The
Authority shall notify the Appropriations Committees of both the
Senate and House of Representatives in writing 30 days in
advance of any expenditure of the reserve funds.''.
(b) Section 202 of such Act (Public Law 104-8), as amended by
subsection (a), is further amended by adding at the end the following:
``(k) Positive Fund Balance.--
``(1) In general.--The District of Columbia shall maintain
at the end of a fiscal year an annual positive fund balance in
the general fund of not less than 4 percent of the projected
general fund expenditures for the following fiscal year.
``(2) Excess funds.--Of funds remaining in excess of the
amounts required by paragraph (1)--
``(A) not more than 50 percent may be used for
authorized non-recurring expenses; and
``(B) not less than 50 percent shall be used to
reduce the debt of the District of Columbia.''.
Sec. 149. <<NOTE: Deadline. Budget.>> (a) No later than November 1,
1999, or within 30 calendar days after the date of the enactment of this
Act, whichever occurs later, the Chief Financial Officer of the District
of Columbia shall submit to the appropriate committees of Congress, the
Mayor, and the District of Columbia Financial Responsibility and
Management Assistance Authority a revised appropriated funds operating
budget for all agencies of the District of Columbia government for such
fiscal year that is in the total amount of the approved appropriation
and that realigns budgeted data for personal services and other-than-
personal-services, respectively, with anticipated actual expenditures.
(b) The revised budget required by subsection (a) of this section
shall be submitted in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the District of
Columbia Home Rule Act (Public Law 93-198; D.C. Code, sec. 47-301).
Sec. 150. <<NOTE: Needle exchange.>> (a) None of the funds
contained in this Act may be used for any program of distributing
sterile needles or syringes for the hypodermic injection of any illegal
drug.
(b) Any individual or entity who receives any funds contained in
this Act and who carries out any program described in subsection (a)
shall account for all funds used for such program separately from any
funds contained in this Act.
Sec. 151. (a) Restrictions on Leases.--Upon the expiration of the
60-day period that begins on the date of the enactment
[[Page 113 STAT. 1525]]
of this Act, none of the funds contained in this Act may be used to make
rental payments under a lease for the use of real property by the
District of Columbia government (including any independent agency of the
District) unless the lease and an abstract of the lease have been filed
(by the District of Columbia or any other party to the lease) with the
central office of the Deputy Mayor for Economic Development, in an
indexed registry available for public inspection.
(b) Additional Restrictions on Current Leases.--
(1) In general.--Upon the expiration of the 60-day period
that begins on the date of the enactment of this Act, in the
case of a lease described in paragraph (3), none of the funds
contained in this Act may be used to make rental payments under
the lease unless the lease is included in periodic reports
submitted by the Mayor and Council of the District of Columbia
to the Committees on Appropriations of the House of
Representatives and Senate describing for each such lease the
following information:
(A) The location of the property involved, the name
of the owners of record according to the land records of
the District of Columbia, the name of the lessors
according to the lease, the rate of payment under the
lease, the period of time covered by the lease, and the
conditions under which the lease may be terminated.
(B) The extent to which the property is or is not
occupied by the District of Columbia government as of
the end of the reporting period involved.
(C) If the property is not occupied and utilized by
the District government as of the end of the reporting
period involved, a plan for occupying and utilizing the
property (including construction or renovation work) or
a status statement regarding any efforts by the District
to terminate or renegotiate the lease.
(2) Timing of reports.--The reports described in paragraph
(1) shall be submitted for each calendar quarter (beginning with
the quarter ending December 31, 1999) not later than 20 days
after the end of the quarter involved, plus an initial report
submitted not later than 60 days after the date of the enactment
of this Act, which shall provide information as of the date of
the enactment of this Act.
(3) Leases described.--A lease described in this paragraph
is a lease in effect as of the date of the enactment of this Act
for the use of real property by the District of Columbia
government (including any independent agency of the District)
which is not being occupied by the District government
(including any independent agency of the District) as of such
date or during the 60-day period which begins on the date of the
enactment of this Act.
Sec. 152. (a) Management of Existing District Government Property.--
Upon the expiration of the 60-day period that begins on the date of the
enactment of this Act, none of the funds contained in this Act may be
used to enter into a lease (or to make rental payments under such a
lease) for the use of real property by the District of Columbia
government (including any independent agency of the District) or to
purchase real property for the use of the District of Columbia
government (including any independent agency of the District) or to
manage real property for the use
[[Page 113 STAT. 1526]]
of the District of Columbia (including any independent agency of the
District) unless the following conditions are met:
(1) <<NOTE: Certification.>> The Mayor and Council of the
District of Columbia certify to the Committees on Appropriations
of the House of Representatives and Senate that existing real
property available to the District (whether leased or owned by
the District government) is not suitable for the purposes
intended.
(2) Notwithstanding any other provisions of law, there is
made available for sale or lease all real property of the
District of Columbia that the Mayor from time-to-time determines
is surplus to the needs of the District of Columbia, unless a
majority of the members of the Council override the Mayor's
determination during the 30-day period which begins on the date
the determination is published.
(3) The Mayor and Council implement a program for the
periodic survey of all District property to determine if it is
surplus to the needs of the District.
(4) <<NOTE: Deadline. Reports.>> The Mayor and Council
within 60 days of the date of the enactment of this Act have
filed with the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Government Reform
and Oversight of the House of Representatives, and the Committee
on Governmental Affairs of the Senate a report which provides a
comprehensive plan for the management of District of Columbia
real property assets, and are proceeding with the implementation
of the plan.
(b) Termination of Provisions.--If the District of Columbia enacts
legislation to reform the practices and procedures governing the
entering into of leases for the use of real property by the District of
Columbia government and the disposition of surplus real property of the
District government, the provisions of subsection (a) shall cease to be
effective upon the effective date of the legislation.
Sec. 153. Section 603(e)(2)(B) of the Student Loan Marketing
Association Reorganization Act of 1996 (Public Law 104-208; 110 Stat.
3009-293) is amended--
(1) by inserting ``and public charter'' after ``public'';
and
(2) by adding at the end the following: ``Of such amounts
and proceeds, $5,000,000 shall be set aside for use as a credit
enhancement fund for public charter schools in the District of
Columbia, with the administration of the fund (including the
making of loans) to be carried out by the Mayor through a
committee consisting of three individuals appointed by the Mayor
of the District of Columbia and two individuals appointed by the
Public Charter School Board established under section 2214 of
the District of Columbia School Reform Act of 1995.''.
Sec. 154. <<NOTE: Deadline.>> The Mayor, District of Columbia
Financial Responsibility and Management Assistance Authority, and the
Superintendent of Schools shall implement a process to dispose of excess
public school real property within 90 days of the enactment of this Act.
Sec. 155. Section 2003 of the District of Columbia School Reform Act
of 1995 (Public Law 104-134; D.C. Code, sec. 31-2851) is amended by
striking ``during the period'' and ``and ending 5 years after such
date.''.
Sec. 156. Section 2206(c) of the District of Columbia School Reform
Act of 1995 (Public Law 104-134; D.C. Code, sec. 31-
[[Page 113 STAT. 1527]]
2853.16(c)) is amended by adding at the end the following: ``, except
that a preference in admission may be given to an applicant who is a
sibling of a student already attending or selected for admission to the
public charter school in which the applicant is seeking enrollment.''.
Sec. 157. (a) Transfer of Funds.--There is hereby transferred from
the District of Columbia Financial Responsibility and Management
Assistance Authority (hereafter referred to as the ``Authority'') to the
District of Columbia the sum of $18,000,000 for severance payments to
individuals separated from employment during fiscal year 2000 (under
such terms and conditions as the Mayor considers appropriate), expanded
contracting authority of the Mayor, and the implementation of a system
of managed competition among public and private providers of goods and
services by and on behalf of the District of Columbia: Provided, That
such funds shall be used only in accordance with a plan agreed to by the
Council and the Mayor and approved by the Committees on Appropriations
of the House of Representatives and the Senate: Provided further, That
the Authority and the Mayor shall coordinate the spending of funds for
this program so that continuous progress is made. The Authority shall
release said funds, on a quarterly basis, to reimburse such expenses, so
long as the Authority certifies that the expenses reduce re-occurring
future costs at an annual ratio of at least 2 to 1 relative to the funds
provided, and that the program is in accordance with the best practices
of municipal government.
(b) Source of Funds.--The amount transferred under subsection (a)
shall be derived from interest earned on accounts held by the Authority
on behalf of the District of Columbia.
Sec. 158. (a) In General.--The District of Columbia Financial
Responsibility and Management Assistance Authority (hereafter referred
to as the ``Authority''), working with the Commonwealth of Virginia and
the Director of the National Park Service, shall carry out a project to
complete all design requirements and all requirements for compliance
with the National Environmental Policy Act for the construction of
expanded lane capacity for the Fourteenth Street Bridge.
(b) Source of Funds; Transfer.--For purposes of carrying out the
project under subsection (a), there is hereby transferred to the
Authority from the District of Columbia dedicated highway fund
established pursuant to section 3(a) of the District of Columbia
Emergency Highway Relief Act (Public Law 104-21; D.C. Code, sec. 7-
134.2(a)) an amount not to exceed $5,000,000.
Sec. 159. (a) In General.--The Mayor of the District of Columbia
shall carry out through the Army Corps of Engineers, an Anacostia River
environmental cleanup program.
(b) Source of Funds.--There are hereby transferred to the Mayor from
the escrow account held by the District of Columbia Financial
Responsibility and Management Assistance Authority pursuant to section
134 of division A of the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-552), for
infrastructure needs of the District of Columbia, $5,000,000.
Sec. 160. (a) Prohibiting Payment of Administrative Costs From
Fund.--Section 16(e) of the Victims of Violent Crime Compensation Act of
1996 (D.C. Code, sec. 3-435(e)) is amended--
[[Page 113 STAT. 1528]]
(1) by striking ``and administrative costs necessary to
carry out this chapter''; and
(2) by striking the period at the end and inserting the
following: ``, and no monies in the Fund may be used for any
other purpose.''.
(b) Maintenance of Fund in Treasury of the United States.--
(1) In general.--Section 16(a) of such Act (D.C. Code, sec.
3-435(a)) is amended by striking the second sentence and
inserting the following: ``The Fund shall be maintained as a
separate fund in the Treasury of the United States. All amounts
deposited to the credit of the Fund are appropriated without
fiscal year limitation to make payments as authorized under
subsection (e).''.
(2) Conforming amendment.--Section 16 of such Act (D.C.
Code, sec. 3-435) is amended by striking subsection (d).
(c) Deposit of Other Fees and Receipts Into Fund.--Section 16(c) of
such Act (D.C. Code, sec. 3-435(c)) is amended by inserting after
``1997,'' the second place it appears the following: ``any other fines,
fees, penalties, or assessments that the Court determines necessary to
carry out the purposes of the Fund,''.
(d) Annual Transfer of Unobligated Balances to Miscellaneous
Receipts of Treasury.--Section 16 of such Act (D.C. Code, sec. 3-435),
as amended by subsection (b)(2), is further amended by inserting after
subsection (c) the following new subsection:
``(d) Any unobligated balance existing in the Fund in excess of
$250,000 as of the end of each fiscal year (beginning with fiscal year
2000) shall be transferred to miscellaneous receipts of the Treasury of
the United States not later than 30 days after the end of the fiscal
year.''.
(e) Ratification of Payments and Deposits.--Any payments made from
or deposits made to the Crime Victims Compensation Fund on or after
April 9, 1997 are hereby ratified, to the extent such payments and
deposits are authorized under the Victims of Violent Crime Compensation
Act of 1996 (D.C. Code, sec. 3-421 et seq.), as amended by this section.
Sec. 161. Certification.--None of the funds contained in this Act
may be used after the expiration of the 60-day period that begins on the
date of the enactment of this Act to pay the salary of any chief
financial officer of any office of the District of Columbia government
(including any independent agency of the District) who has not filed a
certification with the Mayor and the Chief Financial Officer of the
District of Columbia that the officer understands the duties and
restrictions applicable to the officer and their agency as a result of
this Act.
Sec. 162. The proposed budget of the government of the District of
Columbia for fiscal year 2001 that is submitted by the District to
Congress shall specify potential adjustments that might become necessary
in the event that the management savings achieved by the District during
the year do not meet the level of management savings projected by the
District under the proposed budget.
Sec. 163. In submitting any document showing the budget for an
office of the District of Columbia government (including an independent
agency of the District) that contains a category of activities labeled
as ``other'', ``miscellaneous'', or a similar general, nondescriptive
term, the document shall include a description of
[[Page 113 STAT. 1529]]
the types of activities covered in the category and a detailed breakdown
of the amount allocated for each such activity.
Sec. 164. (a) Authorizing Corps of Engineers To Perform Repairs and
Improvements.--In using the funds made available under this Act for
carrying out improvements to the Southwest Waterfront in the District of
Columbia (including upgrading marina dock pilings and paving and
restoring walkways in the marina and fish market areas) for the portions
of Federal property in the Southwest quadrant of the District of
Columbia within Lots 847 and 848, a portion of Lot 846, and the
unassessed Federal real property adjacent to Lot 848 in Square 473, any
entity of the District of Columbia government (including the District of
Columbia Financial Responsibility and Management Assistance Authority or
its designee) may place orders for engineering and construction and
related services with the Chief of Engineers of the United States Army
Corps of Engineers. The Chief of Engineers may accept such orders on a
reimbursable basis and may provide any part of such services by
contract. In providing such services, the Chief of Engineers shall
follow the Federal Acquisition Regulations and the implementing
Department of Defense regulations.
(b) Timing for Availability of Funds Under 1999 Act.--
(1) In general.--The District of Columbia Appropriations
Act, 1999 (Public Law 105-277; 112 Stat. 2681-124) is amended in
the item relating to ``FEDERAL FUNDS--Federal Payment for
Waterfront Improvements''--
(A) by striking ``existing lessees'' the first place
it appears and inserting ``existing lessees of the
Marina''; and
(B) by striking ``the existing lessees'' the second
place it appears and inserting ``such lessees''.
(2) Effective date.--This subsection shall take effect as if
included in the District of Columbia Appropriations Act, 1999.
(c) Additional Funding for Improvements Carried Out Through Corps of
Engineers.--
(1) In general.--There is hereby transferred from the
District of Columbia Financial Responsibility and Management
Assistance Authority to the Mayor the sum of $3,000,000 for
carrying out the improvements described in subsection (a)
through the Chief of Engineers of the United States Army Corps
of Engineers.
(2) Source of funds.--The funds transferred under paragraph
(1) shall be derived from the escrow account held by the
District of Columbia Financial Responsibility and Management
Assistance Authority pursuant to section 134 of division A of
the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-
552), for infrastructure needs of the District of Columbia.
(d) Quarterly Reports on Project.--The Mayor shall submit reports to
the Committee on Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate on the status of the
improvements described in subsection (a) for each calendar quarter
occurring until the improvements are completed.
Sec. 165. It is the sense of the Congress that the District of
Columbia should not impose or take into consideration any height, square
footage, set-back, or other construction or zoning
[[Page 113 STAT. 1530]]
requirements in authorizing the issuance of industrial revenue bonds for
a project of the American National Red Cross at 2025 E Street Northwest,
Washington, D.C., in as much as this project is subject to approval of
the National Capital Planning Commission and the Commission of Fine Arts
pursuant to section 11 of the joint resolution entitled ``Joint
Resolution to grant authority for the erection of a permanent building
for the American National Red Cross, District of Columbia Chapter,
Washington, District of Columbia'', approved July 1, 1947 (Public Law
100-637; 36 U.S.C. 300108 note).
Sec. 166. (a) Permitting Court Services and Offender Supervision
Agency To Carry Out Sex Offender Registration.--Section 11233(c) of the
National Capital Revitalization and Self-Government Improvement Act of
1997 (D.C. Code, sec. 24-1233(c)) is amended by adding at the end the
following new paragraph:
``(5) Sex offender registration.--The Agency shall carry out
sex offender registration functions in the District of Columbia,
and shall have the authority to exercise all powers and
functions relating to sex offender registration that are granted
to the Agency under any District of Columbia law.''.
(b) Authority During Transition to Full Operation of Agency.--
(1) Authority of pretrial services, parole, adult probation
and offender supervision trustee.--Notwithstanding section
11232(b)(1) of the National Capital Revitalization and Self-
Government Improvement Act of 1997 (D.C. Code, sec. 24-
1232(b)(1)), the Pretrial Services, Parole, Adult Probation and
Offender Supervision Trustee appointed under section 11232(a) of
such Act (hereafter referred to as the ``Trustee'') shall, in
accordance with section 11232 of such Act, exercise the powers
and functions of the Court Services and Offender Supervision
Agency for the District of Columbia (hereafter referred to as
the ``Agency'') relating to sex offender registration (as
granted to the Agency under any District of Columbia law) only
upon the Trustee's certification that the Trustee is able to
assume such powers and functions.
(2) Authority of metropolitan police department.--During the
period that begins on the date of the enactment of the Sex
Offender Registration Emergency Act of 1999 and ends on the date
the Trustee makes the certification described in paragraph (1),
the Metropolitan Police Department of the District of Columbia
shall have the authority to carry out any powers and functions
relating to sex offender registration that are granted to the
Agency or to the Trustee under any District of Columbia law.
Sec. 167. <<NOTE: Marijuana.>> (a) None of the funds contained in
this Act may be used to enact or carry out any law, rule, or regulation
to legalize or otherwise reduce penalties associated with the
possession, use, or distribution of any schedule I substance under the
Controlled Substances Act (21 U.S.C. 802) or any tetrahydrocannabinols
derivative.
(b) The Legalization of Marijuana for Medical Treatment Initiative
of 1998, also known as Initiative 59, approved by the electors of the
District of Columbia on November 3, 1998, shall not take effect.
[[Page 113 STAT. 1531]]
Sec. 168. (a) In General.--There is hereby transferred from the
District of Columbia Financial Responsibility and Management Assistance
Authority (hereinafter referred to as the ``Authority'') to the District
of Columbia the sum of $5,000,000 for the Mayor, in consultation with
the Council of the District of Columbia, to provide offsets against
local taxes for a commercial revitalization program, such program to be
available in enterprise zones and low and moderate income areas in the
District of Columbia: Provided, That in carrying out such a program, the
Mayor shall use Federal commercial revitalization proposals introduced
in Congress as a guideline.
(b) Source of Funds.--The amount transferred under subsection (a)
shall be derived from interest earned on accounts held by the Authority
on behalf of the District of Columbia.
(c) <<NOTE: Deadline.>> Report.--Not later than 180 days after the
date of the enactment of this Act, the Mayor shall report to the
Committees on Appropriations of the Senate and House of Representatives
on the progress made in carrying out the commercial revitalization
program.
Sec. 169. Section 456 of the District of Columbia Home Rule Act
(section 47-231 et seq. of the D.C. Code, as added by the Federal
Payment Reauthorization Act of 1994 (Public Law 103-373)) is amended--
(1) in subsection (a)(1), by striking ``District of Columbia
Financial Responsibility and Management Assistance Authority''
and inserting ``Mayor''; and
(2) in subsection (b)(1), by striking ``Authority'' and
inserting ``Mayor''.
Sec. 170. (a) Findings.--The Congress finds the following:
(1) The District of Columbia has recently witnessed a spate
of senseless killings of innocent citizens caught in the
crossfire of shootings. A Justice Department crime victimization
survey found that while the city saw a decline in the homicide
rate between 1996 and 1997, the rate was the highest among a
dozen cities and more than double the second highest city.
(2) The District of Columbia has not made adequate funding
available to fight drug abuse in recent years, and the city has
not deployed its resources as effectively as possible. In fiscal
year 1998, $20,900,000 was spent on publicly funded drug
treatment in the District compared to $29,000,000 in fiscal year
1993. The District's Addiction and Prevention and Recovery
Agency currently has only 2,200 treatment slots, a 50 percent
drop from 1994, with more than 1,100 people on waiting lists.
(3) The District of Columbia has seen a rash of inmate
escapes from halfway houses. According to Department of
Corrections records, between October 21, 1998 and January 19,
1999, 376 of the 1,125 inmates assigned to halfway houses walked
away. Nearly 280 of the 376 escapees were awaiting trial
including two charged with murder.
(4) The District of Columbia public schools system faces
serious challenges in correcting chronic problems, particularly
long-standing deficiencies in providing special education
services to the 1 in 10 District students needing program
benefits, including backlogged assessments, and repeated failure
to meet a compliance agreement on special education reached with
the Department of Education.
[[Page 113 STAT. 1532]]
(5) Deficiencies in the delivery of basic public services
from cleaning streets to waiting time at Department of Motor
Vehicles to a rat population estimated earlier this year to
exceed the human population have generated considerable public
frustration.
(6) Last year, the District of Columbia forfeited millions
of dollars in Federal grants after Federal auditors determined
that several agencies exceeded grant restrictions and in other
instances, failed to spend funds before the grants expired.
(7) Findings of a 1999 report by the Annie E. Casey
Foundation that measured the well-being of children reflected
that, with one exception, the District ranked worst in the
United States in every category from infant mortality to the
rate of teenage births to statistics chronicling child poverty.
(b) Sense of the Congress.--It is the sense of the Congress that in
considering the District of Columbia's fiscal year 2001 budget, the
Congress will take into consideration progress or lack of progress in
addressing the following issues:
(1) Crime, including the homicide rate, implementation of
community policing, the number of police officers on local
beats, and the closing down of open-air drug markets.
(2) Access to drug abuse treatment, including the number of
treatment slots, the number of people served, the number of
people on waiting lists, and the effectiveness of treatment
programs.
(3) Management of parolees and pretrial violent offenders,
including the number of halfway house escapes and steps taken to
improve monitoring and supervision of halfway house residents to
reduce the number of escapes.
(4) Education, including access to special education
services and student achievement.
(5) Improvement in basic city services, including rat
control and abatement.
(6) Application for and management of Federal grants.
(7) Indicators of child well-being.
Sec. 171. The Mayor, prior to using Federal Medicaid payments to
Disproportionate Share Hospitals to serve a small number of childless
adults, should consider the recommendations of the Health Care
Development Commission that has been appointed by the Council of the
District of Columbia to review this program, and consult and report to
Congress on the use of these funds.
Sec. 172. <<NOTE: Deadline.>> GAO Study of District of Columbia
Criminal Justice System. Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall--
(1) conduct a study of the law enforcement, court, prison,
probation, parole, and other components of the criminal justice
system of the District of Columbia, in order to identify the
components most in need of additional resources, including
financial, personnel, and management resources; and
(2) <<NOTE: Reports.>> submit to Congress a report on the
results of the study under paragraph (1).
Sec. 173. Nothing in this Act bars the District of Columbia
Corporation Counsel from reviewing or commenting on briefs in private
lawsuits, or from consulting with officials of the District government
regarding such lawsuits.
[[Page 113 STAT. 1533]]
Sec. 174. <<NOTE: Deadline.>> Wireless Communications.--(a) In
General.--Not later than 7 days after the date of the enactment of this
Act, the Secretary of the Interior, acting through the Director of the
National Park Service, shall--
(1) implement the notice of decision approved by the
National Capital Regional Director, dated April 7, 1999,
including the provisions of the notice of decision concerning
the issuance of right-of-way permits at market rates; and
(2) expend such sums as are necessary to carry out paragraph
(1).
(b) Antenna Applications.--
(1) <<NOTE: Deadline.>> In general.--Not later than 120
days after the receipt of an application, a Federal agency that
receives an application submitted after the enactment of this
Act to locate a wireless communications antenna on Federal
property in the District of Columbia or surrounding area over
which the Federal agency exercises control shall take final
action on the application, including action on the issuance of
right-of-way permits at market rates.
(2) Existing law.--Nothing in this subsection shall be
construed to affect the applicability of existing laws
regarding--
(A) judicial review under chapter 7 of title 5,
United States Code (the Administrative Procedure Act),
and the Communications Act of 1934;
(B) the National Environmental Policy Act, the
National Historic Preservation Act and other applicable
Federal statutes; and
(C) the authority of a State or local government or
instrumentality thereof, including the District of
Columbia, in the placement, construction, and
modification of personal wireless service facilities.
Sec. 175. (a)(1) The first paragraph under the heading ``Community
Development Block Grants'' in title II of H.R. 2684 (Public Law 106-
74) <<NOTE: Ante, p. 1061.>> is amended by inserting after ``National
American Indian Housing Council,'' the following: ``$4,000,000 shall be
available as a grant for the Special Olympics in Anchorage, Alaska to
develop the Ben Boeke Arena and Hilltop Ski Area,''; and
(2) The paragraph that includes the words ``Economic Development
Initiative (EDI)'' under the heading ``Community Development Block
Grants'' in title II of H.R. 2684 (Public Law 106-74) <<NOTE: Ante, p.
1062.>> is amended by striking ``$240,000,000'' and inserting
``$243,500,000''.
(b) The statement of the managers of the committee of conference
accompanying H.R. 2684 is deemed to be amended under the heading
``Community Development Block Grants'' to include in the description of
targeted economic development initiatives the following:
``--$1,000,000 for the New Jersey Community Development
Corporation for the construction of the New Jersey Community
Development Corporation's Transportation Opportunity Center;
``--$750,000 for South Dakota State University in Brookings,
South Dakota for the development of a performing arts center;
``--$925,000 for the Florida Association of Counties for a
Rural Capacity Building Pilot Project in Tallahassee, Florida;
``--$500,000 for the Osceola County Agriculture Center for
construction of a new and expanded agriculture center in Osceola
County, Florida;
[[Page 113 STAT. 1534]]
``--$1,000,000 for the University of Syracuse in Syracuse,
New York for electrical infrastructure improvements.''; and the
current descriptions are amended as follows:
``--$1,700,000 to the City of Miami, Florida for the
development of a Homeownership Zone to assist residents
displaced by the demolition of public housing in the Model City
area;'' is amended to read as follows:
``--$1,700,000 to Miami-Dade County, Florida for an economic
development project at the Opa-locka Neighborhood Center;'';
``--$250,000 to the Arizona Science Center in Yuma, Arizona
for its after-school program for inner-city youth;'' is amended
to read as follows:
``--$250,000 to the Arizona Science Center in Phoenix,
Arizona for its after-school program for inner-city youth;'';
``--$200,000 to the Schuylkill County Fire Fighters
Association for a smoke-maze building on the grounds of the
firefighters facility in Morea, Pennsylvania;'' is amended to
read as follows:
``--$200,000 to the Schuylkill County Fire Fighters
Association for a smoke-maze building and other facilities and
improvements on the grounds of the firefighters facility in
Morea, Pennsylvania;''.
(c) Notwithstanding any other provision of law, the $2,000,000 made
available pursuant to Public Law 105-276 for Pittsburgh, Pennsylvania to
redevelop the Sun Co./LTV Steel Site in Hazelwood, Pennsylvania is
available to the Department of Economic Development in Allegheny County,
Pennsylvania for the development of a technology based project in the
county.
(d) Insert the following new sections at the end of the
administrative provisions in title II of H.R. 2684 <<NOTE: Ante, p.
1077.>> (Public Law 106-74):
``fha multifamily mortgage credit demonstration
``Sec. 226. Section 542 of the Housing and Community Development Act
of 1992 is amended--
``(1) in subsection (b)(5) by striking `during fiscal year
1999' and inserting `in each of the fiscal years 1999 and 2000';
and
``(2) in the first sentence of subsection (c)(4) by striking
`during fiscal year 1999' and inserting `in each of fiscal years
1999 and 2000'.
``drug elimination program
``Sec. 227. (a) Section 5126(4) of the Public and Assisted Housing
Drug Elimination Act of 1990 is amended--
``(1) in subparagraph (B), by inserting after `1965;' the
following: `or';
``(2) in subparagraph (C), by striking `1937: or' and
inserting `1937.'; and
``(3) by striking subparagraph (D).
``(b) <<NOTE: Effective date.>> The amendments made by subsection
(a) shall be construed to have taken effect on October 21, 1998.''.
(e) The current description in the statement of the managers of the
committee of conference accompanying H.R. 2684 (Public Law 106-74; House
Report No. 106-379) under the heading ``Community Development Block
Grants'' in title II is amended as follows:
[[Page 113 STAT. 1535]]
``--$500,000 to the City of Citrus Heights, California for
the revitalization of the Sunrise Mall;'' is amended to read as
follows:
``--$500,000 to the City of Citrus Heights, California for
the revitalization of the Sunrise Marketplace;''.
(f ) The Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 2000 (Public
Law 106-74) is amended under the heading ``Corporation for National and
Community Service, National and Community Service Programs Operating
Expenses'' in title III <<NOTE: Ante, p. 1078.>> by striking ``to
remain available until September 30, 2000'' and inserting ``to remain
available until September 30, 2001''.
(g) The statement of the managers of the committee of conference
accompanying H.R. 2684 (Public Law 106-74; House Report No. 106-379) is
deemed to be amended in the matter related to targeted economic
development initiatives under the heading ``Community Development Block
Grants'' by reducing by $100,000 the amount available to the University
of Maryland in College Park, Maryland for the renovation of the James
McGregor Burn Academy of Leadership, and by adding the following item:
``--$100,000 to St. Mary's College in Maryland for the St.
Mary's River Project;''.
Sec. 176. Georgetown Waterfront Park Fund. (a) In General.--The
District of Columbia Appropriations Act, 1999 (Public Law 105-277; 112
Stat. 2681-123) is amended in the item relating to ``FEDERAL FUNDS--
Federal Payment to the Georgetown Waterfront Park Fund'' by striking the
colon and inserting ``, to remain available until expended:''.
(b) Effective Date.--This section shall take effect as if included
in the District of Columbia Appropriations Act, 1999.
This title may be cited as the ``District of Columbia Appropriations
Act, 2000''.
TITLE II--TAX REDUCTION
Sec. 201. Commending Reduction of Taxes by District of Columbia. The
Congress commends the District of Columbia for its action to reduce
taxes, and ratifies D.C. Act 13-110 (commonly known as the Service
Improvement and Fiscal Year 2000 Budget Support Act of 1999).
Sec. 202. Rule of Construction. Nothing in this title may be
construed to limit the ability of the Council of the District of
Columbia to amend or repeal any provision of law described in this
title.
DIVISION B
Sec. <<NOTE: Incorporation by reference.>> 1000. (a) The provisions
of the following bills are hereby enacted into law:
(1) H.R. 3421 of the 106th Congress, as introduced on
November 17, 1999;
(2) H.R. 3422 of the 106th Congress, as introduced on
November 17, 1999;
(3) H.R. 3423 of the 106th Congress, as introduced on
November 17, 1999;
(4) H.R. 3424 of the 106th Congress, as introduced on
November 17, 1999;
[[Page 113 STAT. 1536]]
(5) H.R. 3425 of the 106th Congress, as introduced on
November 17, 1999;
(6) H.R. 3426 of the 106th Congress, as introduced on
November 17, 1999;
(7) <<NOTE: Post,1 p. 1501A-476.>> H.R. 3427 of the 106th
Congress, as introduced on November 17, 1999, except that
subsection (c) of section 912 of H.R. 3427 shall be deemed to
read as follows:
``(c) <<NOTE: Certification.>> Advance Congressional
Notification.--
``(1) Fiscal year 1998.--Funds made available pursuant to
section 911(a)(1) may be obligated and expended beginning on or
after December 15, 1999: Provided, That the appropriate
certification has been submitted to the appropriate
congressional committees.
``(2) Fiscal years 1999 and 2000.--Funds made available
pursuant to paragraph (2) or (3) of section 911(a) may be
obligated and expended only if the appropriate certification has
been submitted to the appropriate congressional committees 30
days prior to the payment of the funds.'';
(8) H.R. 3428 of the 106th Congress, as introduced on
November 17, 1999; and
(9) S. 1948 of the 106th Congress, as introduced on November
17, 1999.
(b) <<NOTE: Incorporation by reference; publication.>> In
publishing the Act in slip form and in the United States Statutes at
Large pursuant to section 112, of title 1, United States Code, the
Archivist of the United States shall include after the date of approval
at the end appendixes setting forth the texts of the bills referred to
in subsection (a) of this section.
Sec. 1001. Paygo Adjustments. (a) Notwithstanding Rule 3 of the
Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
No. 105-217, legislation enacted in this division by reference in the
paragraphs after paragraph 4 of subsection 1000(a) that would have been
estimated by the Office of Management and Budget as changing direct
spending or receipts under section 252 of the Balanced Budget and
Emergency Deficit Control Act of 1985 were it included in an Act other
than an appropriations Act shall be treated as direct spending or
receipts legislation as appropriate, under section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985, but shall be subject
to subsection (b).
(b) The Director of the Office of Management and Budget shall not
make any estimates of changes in direct spending outlays and receipts
under section 252(d) of the Balanced Budget and Emergency Deficit
Control Act of 1985 for any fiscal year resulting from enactment of the
legislation referenced in the paragraphs after paragraph 4 of subsection
1000(a) of this division.
[[Page 113 STAT. 1537]]
(c) <<NOTE: Effective date.>> On January 3, 2000, the Director of
the Office of Management and Budget shall change any balances of direct
spending and receipts legislation for any fiscal year under section 252
of the Balanced Budget and Emergency Deficit Control Act of 1985 to
zero.
Approved November 29, 1999.
LEGISLATIVE HISTORY--H.R. 3194:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 106-479 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 145 (1999):
Nov. 3, considered and passed House; considered and passed
Senate, amended.
Nov. 18, House agreed to conference report.
Nov. 19, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999):
Nov. 29, Presidential remarks and statement.
---------------------------------------------------------------------------
__________
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ENDNOTE: The following appendixes are added pursuant to the
provisions of section 1000 of this Act (113 Stat. 1535).
<all>
[[Page 113 STAT. 1501A-1]]
TABLE OF CONTENTS
The table of contents for this Appendix is as follows:
APPENDIX A--H.R.3421
APPENDIX B--H.R. 3422
APPENDIX C--H.R. 3423
APPENDIX D--H.R. 3424
APPENDIX E--H.R. 3425
APPENDIX F--H.R. 3426
APPENDIX G--H.R. 3427
APPENDIX H--H.R. 3428
APPENDIX I--S. 1948
[[Page 113 STAT. 1501A-3]]
APPENDIX A--H.R. 3421
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2000, and for other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $79,328,000, of which not to exceed $3,317,000 is for the
Facilities Program 2000, to remain available until expended: Provided,
That not to exceed 43 permanent positions and 44 full-time equivalent
workyears and $8,136,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these offices in
fiscal year 1999: Provided further, That not to exceed 41 permanent
positions and 48 full-time equivalent workyears and $4,811,000 shall be
expended for the Offices of Legislative Affairs and Public Affairs:
Provided further, That the latter two aforementioned offices may utilize
non-reimbursable details of career employees within the caps described
in the aforementioned proviso: Provided further, That the Attorney
General is authorized to transfer, under such terms and conditions as
the Attorney General shall specify, forfeited real or personal property
of limited or marginal value, as such value is determined by guidelines
established by the Attorney General, to a State or local government
agency, or its designated contractor or transferee, for use to support
drug abuse treatment, drug and crime prevention and education, housing,
job skills, and other community-based public health and safety programs:
Provided further, That any transfer under the preceding proviso shall
not create or confer any private right of action in any person against
the United States, and shall be treated as a reprogramming under section
605 of this Act.
joint automated booking system
For expenses necessary for the nationwide deployment of a Joint
Automated Booking System, $1,800,000, to remain available until
expended.
narrowband communications
For the costs of conversion to narrowband communications as mandated
by section 104 of the National Telecommunications and
[[Page 113 STAT. 1501A-4]]
Information Administration Organization Act (47 U.S.C. 903(d)(1)),
$10,625,000, to remain available until expended.
counterterrorism fund
For necessary expenses, as determined by the Attorney General,
$10,000,000, to remain available until expended, to reimburse any
Department of Justice organization for: (1) the costs incurred in
reestablishing the operational capability of an office or facility which
has been damaged or destroyed as a result of any domestic or
international terrorist incident; and (2) the costs of providing support
to counter, investigate or prosecute domestic or international
terrorism, including payment of rewards in connection with these
activities: Provided, That any Federal agency may be reimbursed for the
costs of detaining in foreign countries individuals accused of acts of
terrorism that violate the laws of the United States: Provided further,
That funds provided under this paragraph shall be available only after
the Attorney General notifies the Committees on Appropriations of the
House of Representatives and the Senate in accordance with section 605
of this Act.
telecommunications carrier compliance fund
For payments authorized by section 109 of the Communications
Assistance for Law Enforcement Act (47 U.S.C. 1008), $15,000,000, to
remain available until expended.
administrative review and appeals
For expenses necessary for the administration of pardon and clemency
petitions and immigration related activities, $98,136,000.
In addition, $50,363,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $40,275,000; including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character, to be expended under the
direction of, and to be accounted for solely under the certificate of,
the Attorney General; and for the acquisition, lease, maintenance, and
operation of motor vehicles, without regard to the general purchase
price limitation for the current fiscal year: Provided, That not less
than $40,000 shall be transferred to and administered by the Department
of Justice Wireless Management Office for the costs of conversion to
narrowband communications and for the operations and maintenance of
legacy Land Mobile Radio systems.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized by law, $8,527,000.
[[Page 113 STAT. 1501A-5]]
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including not to exceed $20,000 for
expenses of collecting evidence, to be expended under the direction of,
and to be accounted for solely under the certificate of, the Attorney
General; and rent of private or Government-owned space in the District
of Columbia, $357,016,000; of which not to exceed $10,000,000 for
litigation support contracts shall remain available until expended:
Provided, That of the funds available in this appropriation, not to
exceed $36,666,000 shall remain available until expended for office
automation systems for the legal divisions covered by this
appropriation, and for the United States Attorneys, the Antitrust
Division, and offices funded through ``Salaries and Expenses'', General
Administration: Provided further, That of the amount appropriated under
this heading $582,000 shall be transferred to, and merged with, funds
available to the Presidential Advisory Commission on Holocaust Assets in
the United States and shall be made available for the same purposes for
which such funds are available: Provided further, That of the total
amount appropriated, not to exceed $1,000 shall be available to the
United States National Central Bureau, INTERPOL, for official reception
and representation expenses.
In addition, $147,929,000, to be derived from the Violent Crime
Reduction Trust Fund, to remain available until expended for such
purposes.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, as amended, not to exceed $4,028,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $81,850,000: Provided, That, notwithstanding section 3302(b) of
title 31, United States Code, not to exceed $81,850,000 of offsetting
collections derived from fees collected in fiscal year 2000 for
premerger notification filings under the Hart-Scott-Rodino Antitrust
Improvements Act of 1976 (15 U.S.C. 18a) shall be retained and used for
necessary expenses in this appropriation, and shall remain available
until expended: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2000, so as to result in a final fiscal year
2000 appropriation from the general fund estimated at not more than $0.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,161,957,000; of which not to exceed $2,500,000 shall be available
until September 30, 2001, for: (1) training personnel in debt
collection; (2) locating debtors and their property; (3) paying the net
costs of selling property; and (4) tracking debts owed to the United
States Government: Provided, That of the total amount
[[Page 113 STAT. 1501A-6]]
appropriated, not to exceed $8,000 shall be available for official
reception and representation expenses: Provided further, That not to
exceed $10,000,000 of those funds available for automated litigation
support contracts shall remain available until expended: Provided
further, That not to exceed $2,500,000 for the operation of the National
Advocacy Center shall remain available until expended: Provided further,
That not to exceed $1,000,000 shall remain available until expended for
the expansion of existing Violent Crime Task Forces in United States
Attorneys Offices into demonstration projects, including inter-
governmental, inter-local, cooperative, and task-force agreements,
however denominated, and contracts with State and local prosecutorial
and law enforcement agencies engaged in the investigation and
prosecution of violent crimes: Provided further, That, in addition to
reimbursable full-time equivalent workyears available to the Offices of
the United States Attorneys, not to exceed 9,120 positions and 9,398
full-time equivalent workyears shall be supported from the funds
appropriated in this Act for the United States Attorneys.
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized by 28 U.S.C. 589a(a), $112,775,000, to remain available until
expended and to be derived from the United States Trustee System Fund:
Provided, That, notwithstanding any other provision of law, deposits to
the Fund shall be available in such amounts as may be necessary to pay
refunds due depositors: Provided further, That, notwithstanding any
other provision of law, $112,775,000 of offsetting collections derived
from fees collected pursuant to 28 U.S.C. 589a(b) shall be retained and
used for necessary expenses in this appropriation and remain available
until expended: Provided further, That the sum herein appropriated from
the Fund shall be reduced as such offsetting collections are received
during fiscal year 2000, so as to result in a final fiscal year 2000
appropriation from the Fund estimated at $0: Provided further, That 28
U.S.C. 589a is amended by striking ``and'' in subsection (b)(7); by
striking the period in subsection (b)(8) and inserting ``; and''; and by
adding a new paragraph as follows: ``(9) interest earned on Fund
investment.''.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by 5
U.S.C. 3109, $1,175,000.
salaries and expenses, united states marshals service
For necessary expenses of the United States Marshals Service;
including the acquisition, lease, maintenance, and operation of
vehicles, and the purchase of passenger motor vehicles for police-type
use, without regard to the general purchase price limitation for the
current fiscal year, $333,745,000, as authorized by 28 U.S.C. 561(i); of
which not to exceed $6,000 shall be available for official reception and
representation expenses; of which not to exceed $4,000,000 for
development, implementation, maintenance and support, and training for
an automated prisoner information system shall remain available until
expended; and of which not less than
[[Page 113 STAT. 1501A-7]]
$2,762,000 shall be for the costs of conversion to narrowband
communications and for the operations and maintenance of legacy Land
Mobile Radio systems: Provided, That such amount shall be transferred to
and administered by the Department of Justice Wireless Management
Office.
In addition, $209,620,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund.
construction
For planning, constructing, renovating, equipping, and maintaining
United States Marshals Service prisoner-holding space in United States
courthouses and Federal buildings, including the renovation and
expansion of prisoner movement areas, elevators, and sallyports,
$6,000,000, to remain available until expended.
justice prisoner and alien transportation system fund, united states
marshals service
Beginning in fiscal year 2000 and thereafter, payment shall be made
from the Justice Prisoner and Alien Transportation System Fund for
necessary expenses related to the scheduling and transportation of
United States prisoners and illegal and criminal aliens in the custody
of the United States Marshals Service, as authorized in 18 U.S.C. 4013,
including, without limitation, salaries and expenses, operations, and
the acquisition, lease, and maintenance of aircraft and support
facilities: Provided, That the Fund shall be reimbursed or credited with
advance payments from amounts available to the Department of Justice,
other Federal agencies, and other sources at rates that will recover the
expenses of Fund operations, including, without limitation, accrual of
annual leave and depreciation of plant and equipment of the Fund:
Provided further, That proceeds from the disposal of Fund aircraft shall
be credited to the Fund: Provided further, That amounts in the Fund
shall be available without fiscal year limitation, and may be used for
operating equipment lease agreements that do not exceed 5 years.
federal prisoner detention
For expenses, related to United States prisoners in the custody of
the United States Marshals Service as authorized in 18 U.S.C. 4013, but
not including expenses otherwise provided for in appropriations
available to the Attorney General, $525,000,000, as authorized by 28
U.S.C. 561(i), to remain available until expended.
fees and expenses of witnesses
For expenses, mileage, compensation, and per diems of witnesses, for
expenses of contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, and for per diems in lieu of
subsistence, as authorized by law, including advances, $95,000,000, to
remain available until expended; of which not to exceed $6,000,000 may
be made available for planning, construction, renovations, maintenance,
remodeling, and repair of buildings, and the purchase of equipment
incident thereto, for protected witness safesites; and of which not to
exceed $1,000,000
[[Page 113 STAT. 1501A-8]]
may be made available for the purchase and maintenance of armored
vehicles for transportation of protected witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
established by title X of the Civil Rights Act of 1964, $7,199,000 and,
in addition, up to $1,000,000 of funds made available to the Department
of Justice in this Act may be transferred by the Attorney General to
this account: Provided, That notwithstanding any other provision of law,
upon a determination by the Attorney General that emergent circumstances
require additional funding for conflict prevention and resolution
activities of the Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service, from available
appropriations for the current fiscal year for the Department of
Justice, as may be necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the previous proviso shall be
treated as a reprogramming under section 605 of this Act and shall not
be available for obligation or expenditure except in compliance with the
procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (F), and
(G), as amended, $23,000,000, to be derived from the Department of
Justice Assets Forfeiture Fund.
Radiation Exposure Compensation
administrative expenses
For necessary administrative expenses in accordance with the
Radiation Exposure Compensation Act, $2,000,000.
payment to radiation exposure compensation trust fund
For payments to the Radiation Exposure Compensation Trust Fund,
$3,200,000.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the detection, investigation, and
prosecution of individuals involved in organized crime drug trafficking
not otherwise provided for, to include inter-governmental agreements
with State and local law enforcement agencies engaged in the
investigation and prosecution of individuals involved in organized crime
drug trafficking, $316,792,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation:
Provided further, That any unobligated balances remaining available at
the end of the fiscal year shall revert to the Attorney General for
reallocation among participating organizations in succeeding fiscal
years, subject to the reprogramming procedures described in section 605
of this Act.
[[Page 113 STAT. 1501A-9]]
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States; including purchase for police-type use of not to exceed 1,236
passenger motor vehicles, of which 1,142 will be for replacement only,
without regard to the general purchase price limitation for the current
fiscal year, and hire of passenger motor vehicles; acquisition, lease,
maintenance, and operation of aircraft; and not to exceed $70,000 to
meet unforeseen emergencies of a confidential character, to be expended
under the direction of, and to be accounted for solely under the
certificate of, the Attorney General, $2,337,015,000; of which not to
exceed $50,000,000 for automated data processing and telecommunications
and technical investigative equipment and not to exceed $1,000,000 for
undercover operations shall remain available until September 30, 2001;
of which not less than $292,473,000 shall be for counterterrorism
investigations, foreign counterintelligence, and other activities
related to our national security; of which not to exceed $10,000,000 is
authorized to be made available for making advances for expenses arising
out of contractual or reimbursable agreements with State and local law
enforcement agencies while engaged in cooperative activities related to
violent crime, terrorism, organized crime, and drug investigations; and
of which not less than $50,000,000 shall be for the costs of conversion
to narrowband communications, and for the operations and maintenance of
legacy Land Mobile Radio systems: Provided, That such amount shall be
transferred to and administered by the Department of Justice Wireless
Management Office: Provided further, That not to exceed $45,000 shall be
available for official reception and representation expenses: Provided
further, That no funds in this Act may be used to provide ballistics
imaging equipment to any State or local authority which has obtained
similar equipment through a Federal grant or subsidy unless the State or
local authority agrees to return that equipment or to repay that grant
or subsidy to the Federal Government.
In addition, $752,853,000 for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund, as authorized by the Violent Crime Control and Law Enforcement Act
of 1994, as amended, and the Antiterrorism and Effective Death Penalty
Act of 1996.
construction
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design of projects, $1,287,000, to remain
available until expended.
[[Page 113 STAT. 1501A-10]]
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney General;
expenses for conducting drug education and training programs, including
travel and related expenses for participants in such programs and the
distribution of items of token value that promote the goals of such
programs; purchase of not to exceed 1,358 passenger motor vehicles, of
which 1,079 will be for replacement only, for police-type use without
regard to the general purchase price limitation for the current fiscal
year; and acquisition, lease, maintenance, and operation of aircraft,
$933,000,000, of which not to exceed $1,800,000 for research shall
remain available until expended, and of which not to exceed $4,000,000
for purchase of evidence and payments for information, not to exceed
$10,000,000 for contracting for automated data processing and
telecommunications equipment, and not to exceed $2,000,000 for
laboratory equipment, $4,000,000 for technical equipment, and $2,000,000
for aircraft replacement retrofit and parts, shall remain available
until September 30, 2001; of which not to exceed $50,000 shall be
available for official reception and representation expenses; and of
which not less than $20,733,000 shall be for the costs of conversion to
narrowband communications and for the operations and maintenance of
legacy Land Mobile Radio systems: Provided, That such amount shall be
transferred to and administered by the Department of Justice Wireless
Management Office.
In addition, $343,250,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund.
construction
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of federally-owned buildings;
and preliminary planning and design of projects, $5,500,000, to remain
available until expended.
Immigration and Naturalization Service
salaries and expenses
For expenses necessary for the administration and enforcement of the
laws relating to immigration, naturalization, and alien registration, as
follows:
enforcement and border affairs
For salaries and expenses for the Border Patrol program, the
detention and deportation program, the intelligence program, the
investigations program, and the inspections program, including not to
exceed $50,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of, and to be accounted
for solely under the certificate of, the Attorney General; purchase
[[Page 113 STAT. 1501A-11]]
for police-type use (not to exceed 3,075 passenger motor vehicles, of
which 2,266 are for replacement only), without regard to the general
purchase price limitation for the current fiscal year, and hire of
passenger motor vehicles; acquisition, lease, maintenance and operation
of aircraft; research related to immigration enforcement; for protecting
and maintaining the integrity of the borders of the United States
including, without limitation, equipping, maintaining, and making
improvements to the infrastructure; and for the care and housing of
Federal detainees held in the joint Immigration and Naturalization
Service and United States Marshals Service's Buffalo Detention Facility,
$1,107,429,000; of which not to exceed $10,000,000 shall be available
for costs associated with the training program for basic officer
training, and $5,000,000 is for payments or advances arising out of
contractual or reimbursable agreements with State and local law
enforcement agencies while engaged in cooperative activities related to
immigration; of which not to exceed $5,000,000 is to fund or reimburse
other Federal agencies for the costs associated with the care,
maintenance, and repatriation of smuggled illegal aliens; and of which
not less than $18,510,000 shall be for the costs of conversion to
narrowband communications and for the operations and maintenance of
legacy Land Mobile Radio systems: Provided, That such amount shall be
transferred to and administered by the Department of Justice Wireless
Management Office: Provided further, That none of the funds available to
the Immigration and Naturalization Service shall be available to pay any
employee overtime pay in an amount in excess of $30,000 during the
calendar year beginning January 1, 2000: Provided further, That uniforms
may be purchased without regard to the general purchase price limitation
for the current fiscal year: Provided further, That none of the funds
provided in this or any other Act shall be used for the continued
operation of the San Clemente and Temecula checkpoints unless the
checkpoints are open and traffic is being checked on a continuous 24-
hour basis.
citizenship and benefits, immigration support and program direction
For all programs of the Immigration and Naturalization Service not
included under the heading ``Enforcement and Border Affairs'',
$535,011,000, of which not to exceed $400,000 for research shall remain
available until expended: Provided, That not to exceed $5,000 shall be
available for official reception and representation expenses: Provided
further, That the Attorney General may transfer any funds appropriated
under this heading and the heading ``Enforcement and Border Affairs''
between said appropriations notwithstanding any percentage transfer
limitations imposed under this appropriation Act and may direct such
fees as are collected by the Immigration and Naturalization Service to
the activities funded under this heading and the heading ``Enforcement
and Border Affairs'' for performance of the functions for which the fees
legally may be expended: Provided further, That not to exceed 40
permanent positions and 40 full-time equivalent workyears and $4,150,000
shall be expended for the Offices of Legislative Affairs and Public
Affairs: Provided further, That the latter two aforementioned offices
shall not be augmented by personnel details, temporary transfers of
personnel on either a reimbursable or non-reimbursable basis, or any
other type of formal or informal transfer
[[Page 113 STAT. 1501A-12]]
or reimbursement of personnel or funds on either a temporary or long-
term basis: Provided further, That the number of positions filled
through non-career appointment at the Immigration and Naturalization
Service, for which funding is provided in this Act or is otherwise made
available to the Immigration and Naturalization Service, shall not
exceed four permanent positions and four full-time equivalent workyears:
Provided further, That none of the funds available to the Immigration
and Naturalization Service shall be used to pay any employee overtime
pay in an amount in excess of $30,000 during the calendar year beginning
January 1, 2000: Provided further, That funds may be used, without
limitation, for equipping, maintaining, and making improvements to the
infrastructure and the purchase of vehicles for police-type use within
the limits of the Enforcement and Border Affairs appropriation: Provided
further, That, notwithstanding any other provision of law, during fiscal
year 2000, the Attorney General is authorized and directed to impose
disciplinary action, including termination of employment, pursuant to
policies and procedures applicable to employees of the Federal Bureau of
Investigation, for any employee of the Immigration and Naturalization
Service who violates policies and procedures set forth by the Department
of Justice relative to the granting of citizenship or who willfully
deceives the Congress or department leadership on any matter.
violent crime reduction programs
In addition, $1,267,225,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund: Provided, That the Attorney General may use the transfer authority
provided under the heading ``Citizenship and Benefits, Immigration
Support and Program Direction'' to provide funds to any program of the
Immigration and Naturalization Service that heretofore has been funded
by the Violent Crime Reduction Trust Fund.
construction
For planning, construction, renovation, equipping, and maintenance
of buildings and facilities necessary for the administration and
enforcement of the laws relating to immigration, naturalization, and
alien registration, not otherwise provided for, $99,664,000, to remain
available until expended: Provided, That no funds shall be available for
the site acquisition, design, or construction of any Border Patrol
checkpoint in the Tucson sector.
Federal Prison System
salaries and expenses
For expenses necessary for the administration, operation, and
maintenance of Federal penal and correctional institutions, including
purchase (not to exceed 708, of which 602 are for replacement only) and
hire of law enforcement and passenger motor vehicles, and for the
provision of technical assistance and advice on corrections related
issues to foreign governments, $3,089,110,000; of which not less than
$500,000 shall be transferred to and administered by the Department of
Justice Wireless Management Office for the costs of conversion to
narrowband communications and
[[Page 113 STAT. 1501A-13]]
for the operations and maintenance of legacy Land Mobile Radio systems:
Provided, That the Attorney General may transfer to the Health Resources
and Services Administration such amounts as may be necessary for direct
expenditures by that Administration for medical relief for inmates of
Federal penal and correctional institutions: Provided further, That the
Director of the Federal Prison System (FPS), where necessary, may enter
into contracts with a fiscal agent/fiscal intermediary claims processor
to determine the amounts payable to persons who, on behalf of FPS,
furnish health services to individuals committed to the custody of FPS:
Provided further, That not to exceed $6,000 shall be available for
official reception and representation expenses: Provided further, That
not to exceed $90,000,000 shall remain available for necessary
operations until September 30, 2001: Provided further, That, of the
amounts provided for Contract Confinement, not to exceed $20,000,000
shall remain available until expended to make payments in advance for
grants, contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education Assistance Act of
1980, as amended, for the care and security in the United States of
Cuban and Haitian entrants: Provided further, That, notwithstanding
section 4(d) of the Service Contract Act of 1965 (41 U.S.C. 353(d)), FPS
may enter into contracts and other agreements with private entities for
periods of not to exceed 3 years and seven additional option years for
the confinement of Federal prisoners.
In addition, $22,524,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; leasing the Oklahoma City Airport Trust Facility; purchase
and acquisition of facilities and remodeling, and equipping of such
facilities for penal and correctional use, including all necessary
expenses incident thereto, by contract or force account; and
constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$556,791,000, to remain available until expended, of which not to exceed
$14,074,000 shall be available to construct areas for inmate work
programs: Provided, That labor of United States prisoners may be used
for work performed under this appropriation: Provided further, That not
to exceed 10 percent of the funds appropriated to ``Buildings and
Facilities'' in this or any other Act may be transferred to ``Salaries
and Expenses'', Federal Prison System, upon notification by the Attorney
General to the Committees on Appropriations of the House of
Representatives and the Senate in compliance with provisions set forth
in section 605 of this Act.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized to
make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments, without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program
[[Page 113 STAT. 1501A-14]]
set forth in the budget for the current fiscal year for such
corporation, including purchase of (not to exceed five for replacement
only) and hire of passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $3,429,000 of the funds of the corporation shall be
available for its administrative expenses, and for services as
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be
determined in accordance with the corporation's current prescribed
accounting system, and such amounts shall be exclusive of depreciation,
payment of claims, and expenditures which the said accounting system
requires to be capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and expenses in
connection with acquisition, construction, operation, maintenance,
improvement, protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968, as amended (``the 1968 Act''), and the Missing Children's
Assistance Act, as amended, including salaries and expenses in
connection therewith, and with the Victims of Crime Act of 1984, as
amended, $155,611,000, to remain available until expended, as authorized
by section 1001 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968, as amended by Public Law 102-534 (106 Stat. 3524).
In addition, for grants, cooperative agreements, and other
assistance authorized by sections 819, 821, and 822 of the Antiterrorism
and Effective Death Penalty Act of 1996, $152,000,000, to remain
available until expended.
state and local law enforcement assistance
For assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), as amended (``the 1994
Act''), $1,634,500,000 to remain available until expended; of which
$523,000,000 shall be for Local Law Enforcement Block Grants, pursuant
to H.R. 728 as passed by the House of Representatives on February 14,
1995, except that for purposes of this Act, the Commonwealth of Puerto
Rico shall be considered a ``unit of local government'' as well as a
``State'', for the purposes set forth in paragraphs (A), (B), (D), (F),
and (I) of section 101(a)(2) of H.R. 728 and for establishing crime
prevention programs involving cooperation between community residents
and law enforcement personnel in order to control, detect, or
investigate crime or the prosecution of criminals: Provided, That no
funds provided under this heading may be used as matching funds for any
other Federal grant program: Provided further, That $50,000,000 of this
amount shall be for Boys and Girls Clubs in public housing facilities
and other areas in cooperation with State and local law enforcement:
Provided further, That funds may also be used to defray the costs
[[Page 113 STAT. 1501A-15]]
of indemnification insurance for law enforcement officers: Provided
further, That $20,000,000 shall be available to carry out section 102(2)
of H.R. 728; of which $420,000,000 shall be for the State Criminal Alien
Assistance Program, as authorized by section 242( j) of the Immigration
and Nationality Act, as amended; of which $686,500,000 shall be for
Violent Offender Incarceration and Truth in Sentencing Incentive Grants
pursuant to subtitle A of title II of the 1994 Act, of which
$165,000,000 shall be available for payments to States for incarceration
of criminal aliens, of which $25,000,000 shall be available for the
Cooperative Agreement Program, and of which $34,000,000 shall be
reserved by the Attorney General for fiscal year 2000 under section
20109(a) of subtitle A of title II of the 1994 Act; and of which
$5,000,000 shall be for the Tribal Courts Initiative.
violent crime reduction programs, state and local law enforcement
assistance
For assistance (including amounts for administrative costs for
management and administration, which amounts shall be transferred to and
merged with the ``Justice Assistance'' account) authorized by the
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322), as amended (``the 1994 Act''); the Omnibus Crime Control and Safe
Streets Act of 1968, as amended (``the 1968 Act''); and the Victims of
Child Abuse Act of 1990, as amended (``the 1990 Act''), $1,194,450,000,
to remain available until expended, which shall be derived from the
Violent Crime Reduction Trust Fund; of which $552,000,000 shall be for
grants, contracts, cooperative agreements, and other assistance
authorized by part E of title I of the 1968 Act, for State and Local
Narcotics Control and Justice Assistance Improvements, notwithstanding
the provisions of section 511 of said Act, as authorized by section 1001
of title I of said Act, as amended by Public Law 102-534 (106 Stat.
3524), of which $52,000,000 shall be available to carry out the
provisions of chapter A of subpart 2 of part E of title I of said Act,
for discretionary grants under the Edward Byrne Memorial State and Local
Law Enforcement Assistance Programs; of which $10,000,000 shall be for
the Court Appointed Special Advocate Program, as authorized by section
218 of the 1990 Act; of which $2,000,000 shall be for Child Abuse
Training Programs for Judicial Personnel and Practitioners, as
authorized by section 224 of the 1990 Act; of which $206,750,000 shall
be for Grants to Combat Violence Against Women, to States, units of
local government, and Indian tribal governments, as authorized by
section 1001(a)(18) of the 1968 Act, including $28,000,000 which shall
be used exclusively for the purpose of strengthening civil legal
assistance programs for victims of domestic violence: Provided, That, of
these funds, $5,200,000 shall be provided to the National Institute of
Justice for research and evaluation of violence against women,
$1,196,000 shall be provided to the Office of the United States Attorney
for the District of Columbia for domestic violence programs in D.C.
Superior Court, $10,000,000 which shall be used exclusively for violence
on college campuses, and $10,000,000 shall be available to the Office of
Juvenile Justice and Delinquency Prevention for the Safe Start Program,
to be administered as authorized by part C of the Juvenile Justice and
Delinquency Act of 1974, as amended;
[[Page 113 STAT. 1501A-16]]
of which $34,000,000 shall be for Grants to Encourage Arrest Policies to
States, units of local government, and Indian tribal governments, as
authorized by section 1001(a)(19) of the 1968 Act; of which $25,000,000
shall be for Rural Domestic Violence and Child Abuse Enforcement
Assistance Grants, as authorized by section 40295 of the 1994 Act; of
which $5,000,000 shall be for training programs to assist probation and
parole officers who work with released sex offenders, as authorized by
section 40152(c) of the 1994 Act, and for local demonstration projects;
of which $1,000,000 shall be for grants for televised testimony, as
authorized by section 1001(a)(7) of the 1968 Act; of which $63,000,000
shall be for grants for residential substance abuse treatment for State
prisoners, as authorized by section 1001(a)(17) of the 1968 Act; of
which $900,000 shall be for the Missing Alzheimer's Disease Patient
Alert Program, as authorized by section 240001(c) of the 1994 Act; of
which $1,300,000 shall be for Motor Vehicle Theft Prevention Programs,
as authorized by section 220002(h) of the 1994 Act; of which $40,000,000
shall be for Drug Courts, as authorized by title V of the 1994 Act; of
which $1,500,000 shall be for Law Enforcement Family Support Programs,
as authorized by section 1001(a)(21) of the 1968 Act; of which
$2,000,000 shall be for public awareness programs addressing marketing
scams aimed at senior citizens, as authorized by section 250005(3) of
the 1994 Act; and of which $250,000,000 shall be for Juvenile
Accountability Incentive Block Grants, except that such funds shall be
subject to the same terms and conditions as set forth in the provisions
under this heading for this program in Public Law 105-119, but all
references in such provisions to 1998 shall be deemed to refer instead
to 2000: Provided further, That funds made available in fiscal year 2000
under subpart 1 of part E of title I of the 1968 Act may be obligated
for programs to assist States in the litigation processing of death
penalty Federal habeas corpus petitions and for drug testing
initiatives: Provided further, That, if a unit of local government uses
any of the funds made available under this title to increase the number
of law enforcement officers, the unit of local government will achieve a
net gain in the number of law enforcement officers who perform
nonadministrative public safety service.
weed and seed program fund
For necessary expenses, including salaries and related expenses of
the Executive Office for Weed and Seed, to implement ``Weed and Seed''
program activities, $33,500,000, to remain available until expended, for
inter-governmental agreements, including grants, cooperative agreements,
and contracts, with State and local law enforcement agencies engaged in
the investigation and prosecution of violent crimes and drug offenses in
``Weed and Seed'' designated communities, and for either reimbursements
or transfers to appropriation accounts of the Department of Justice and
other Federal agencies which shall be specified by the Attorney General
to execute the ``Weed and Seed'' program strategy: Provided, That funds
designated by Congress through language for other Department of Justice
appropriation accounts for ``Weed and Seed'' program activities shall be
managed and executed by the Attorney General through the Executive
Office for Weed and Seed: Provided further, That the Attorney General
may direct the use of other Department of Justice funds and personnel in
support of ``Weed and Seed'' program activities only after the Attorney
General notifies the
[[Page 113 STAT. 1501A-17]]
Committees on Appropriations of the House of Representatives and the
Senate in accordance with section 605 of this Act.
Community Oriented Policing Services
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994, Public Law 103-322 (``the 1994 Act'')
(including administrative costs), $595,000,000, to remain available
until expended, including $45,000,000 which shall be derived from the
Violent Crime Reduction Trust Fund; of which $130,000,000 shall be
available to the Office of Justice programs to carry out section 102 of
the Crime Identification Technology Act of 1998 (42 U.S.C. 14601), of
which $35,000,000 is for grants to upgrade criminal records, as
authorized by section 106(b) of the Brady Handgun Violence Prevention
Act of 1993, as amended, and section 4(b) of the National Child
Protection Act of 1993, of which $15,000,000 is for the National
Institute of Justice to develop school safety technologies, and of which
$30,000,000 shall be for State and local DNA laboratories as authorized
by section 1001(a)(22) of the 1968 Act, as well as for improvements to
the State and local forensic laboratory general forensic science
capabilities and to reduce their DNA convicted offender database sample
backlog; of which $419,325,000 is for Public Safety and Community
Policing Grants pursuant to title I of the 1994 Act, of which
$180,000,000 shall be available for school resource officers; of which
$35,675,000 shall be used for policing initiatives to combat
methamphetamine production and trafficking and to enhance policing
initiatives in drug ``hot spots''; and of which $10,000,000 shall be
used for the Community Prosecutors program: Provided, That of the amount
provided for Public Safety and Community Policing Grants, not to exceed
$29,825,000 shall be expended for program management and administration:
Provided further, That of the unobligated balances available in this
program, $210,000,000 shall be used for innovative community policing
programs, of which $100,000,000 shall be used for a law enforcement
technology program, $25,000,000 shall be used for the Matching Grant
Program for Law Enforcement Armor Vests pursuant to section 2501 of part
Y of the Omnibus Crime Control and Safe Streets Act of 1968 (``the 1968
Act''), as amended, $30,000,000 shall be used for Police Corps
education, training, and service as set forth in sections 200101-200113
of the 1994 Act, $40,000,000 shall be available to improve tribal law
enforcement including equipment and training, and $15,000,000 shall be
used to combat violence in schools.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974, as amended, (``the Act''), including salaries and expenses in
connection therewith to be transferred to and merged with the
appropriations for Justice Assistance, $269,097,000, to remain available
until expended, as authorized by section 299 of part I of title II and
section 506 of title V of the Act, as amended by Public Law 102-586, of
which: (1) notwithstanding any other provision of law, $6,847,000 shall
be available for expenses authorized by part A of title II of the Act,
$89,000,000 shall be available for expenses authorized by part B of
title II of the Act, and
[[Page 113 STAT. 1501A-18]]
$42,750,000 shall be available for expenses authorized by part C of
title II of the Act: Provided, That $26,500,000 of the amounts provided
for part B of title II of the Act, as amended, is for the purpose of
providing additional formula grants under part B to States that provide
assurances to the Administrator that the State has in effect (or will
have in effect no later than 1 year after date of application) policies
and programs, that ensure that juveniles are subject to accountability-
based sanctions for every act for which they are adjudicated delinquent;
(2) $12,000,000 shall be available for expenses authorized by sections
281 and 282 of part D of title II of the Act for prevention and
treatment programs relating to juvenile gangs; (3) $10,000,000 shall be
available for expenses authorized by section 285 of part E of title II
of the Act; (4) $13,500,000 shall be available for expenses authorized
by part G of title II of the Act for juvenile mentoring programs; and
(5) $95,000,000 shall be available for expenses authorized by title V of
the Act for incentive grants for local delinquency prevention programs;
of which $12,500,000 shall be for delinquency prevention, control, and
system improvement programs for tribal youth; of which $25,000,000 shall
be available for grants of $360,000 to each State and $6,640,000 shall
be available for discretionary grants to States, for programs and
activities to enforce State laws prohibiting the sale of alcoholic
beverages to minors or the purchase or consumption of alcoholic
beverages by minors, prevention and reduction of consumption of
alcoholic beverages by minors, and for technical assistance and
training; and of which $15,000,000 shall be available for the Safe
Schools Initiative: Provided further, That upon the enactment of
reauthorization legislation for Juvenile Justice Programs under the
Juvenile Justice and Delinquency Prevention Act of 1974, as amended,
funding provisions in this Act shall from that date be subject to the
provisions of that legislation and any provisions in this Act that are
inconsistent with that legislation shall no longer have effect: Provided
further, That of amounts made available under the Juvenile Justice
Programs of the Office of Justice Programs to carry out part B (relating
to Federal Assistance for State and Local Programs), subpart II of part
C (relating to Special Emphasis Prevention and Treatment Programs), part
D (relating to Gang-Free Schools and Communities and Community-Based
Gang Intervention), part E (relating to State Challenge Activities), and
part G (relating to Mentoring) of title II of the Juvenile Justice and
Delinquency Prevention Act of 1974, and to carry out the At-Risk
Children's Program under title V of that Act, not more than 10 percent
of each such amount may be used for research, evaluation, and statistics
activities designed to benefit the programs or activities authorized
under the appropriate part or title, and not more than 2 percent of each
such amount may be used for training and technical assistance activities
designed to benefit the programs or activities authorized under that
part or title.
In addition, for grants, contracts, cooperative agreements, and
other assistance, $11,000,000 to remain available until expended, for
developing, testing, and demonstrating programs designed to reduce drug
use among juveniles.
In addition, for grants, contracts, cooperative agreements, and
other assistance authorized by the Victims of Child Abuse Act of 1990,
as amended, $7,000,000, to remain available until expended, as
authorized by section 214B of the Act.
[[Page 113 STAT. 1501A-19]]
public safety officers benefits
To remain available until expended, for payments authorized by part
L of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796), as amended, such sums as are necessary, as authorized
by section 6093 of Public Law 100-690 (102 Stat. 4339-4340).
General Provisions--Department of Justice
Sec. 101. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of not
to exceed $45,000 from funds appropriated to the Department of Justice
in this title shall be available to the Attorney General for official
reception and representation expenses in accordance with distributions,
procedures, and regulations established by the Attorney General.
Sec. 102. Authorities contained in the Department of Justice
Appropriation Authorization Act, Fiscal Year 1980 (Public Law 96-132; 93
Stat. 1040 (1979)), as amended, shall remain in effect until the
termination date of this Act or until the effective date of a Department
of Justice Appropriation Authorization Act, whichever is earlier.
Sec. 103. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case of
rape: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 104. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 105. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 104 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 106. Notwithstanding any other provision of law, not to exceed
$10,000,000 of the funds made available in this Act may be used to
establish and publicize a program under which publicly advertised,
extraordinary rewards may be paid, which shall not be subject to
spending limitations contained in sections 3059 and 3072 of title 18,
United States Code: Provided, That any reward of $100,000 or more, up to
a maximum of $2,000,000, may not be made without the personal approval
of the President or the Attorney General and such approval may not be
delegated.
Sec. 107. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act, including those derived from the Violent Crime Reduction Trust
Fund, may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section.
[[Page 113 STAT. 1501A-20]]
Sec. 108. (a) Notwithstanding any other provision of law, for fiscal
year 2000, the Assistant Attorney General for the Office of Justice
Programs of the Department of Justice--
(1) may make grants, or enter into cooperative agreements
and contracts, for the Office of Justice Programs and the
component organizations of that Office; and
(2) shall have final authority over all grants, cooperative
agreements and contracts made, or entered into, for the Office
of Justice Programs and the component organizations of that
Office, except for grants made under the provisions of sections
201, 202, 301, and 302 of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended; and sections 204(b)(3),
241(e)(1), 243(a)(1), 243(a)(14) and 287A(3) of the Juvenile
Justice and Delinquency Prevention Act of 1974, as amended.
(b) Notwithstanding any other provision of law, effective August 1,
2000, all functions of the Director of the Bureau of Justice Assistance,
other than those enumerated in the Omnibus Crime Control and Safe
Streets Act, as amended, 42 U.S.C. 3742(3) through (6), are transferred
to the Assistant Attorney General for the Office of Justice Programs.
Sec. 109. Sections 115 and 127 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 1999 (as contained in section 101(b) of division A of Public Law
105-277) shall apply to fiscal year 2000 and thereafter.
Sec. 110. Hereafter, for payments of judgments against the United
States and compromise settlements of claims in suits against the United
States arising from the Financial Institutions Reform, Recovery and
Enforcement Act and its implementation, such sums as may be necessary,
to remain available until expended: Provided, That the foregoing
authority is available solely for payment of judgments and compromise
settlements: Provided further, That payment of litigation expenses is
available under existing authority and will continue to be made
available as set forth in the Memorandum of Understanding between the
Federal Deposit Insurance Corporation and the Department of Justice,
dated October 2, 1998.
Sec. 111. Section 507 of title 28, United States Code, is amended by
adding a new subsection (c) as follows:
``(c) Notwithstanding the provisions of section 901 of title 31,
United States Code, the Assistant Attorney General for Administration
shall be the Chief Financial Officer of the Department of Justice.''.
Sec. 112. Section 3024 of the Emergency Supplemental Appropriations
Act, 1999 (Public Law 106-31) shall apply for fiscal year 2000.
Sec. 113. Effective 30 days after the enactment of this Act, section
1930(a)(1) of title 28, United States Code, is amended in paragraph (1)
by striking ``$130'' and inserting ``$155''; section 589a of title 28,
United States Code, is amended in subsection (b)(1) by striking ``23.08
percent'' and inserting ``27.42 percent''; and section 406(b) of Public
Law 101-162 (103 Stat. 1016), as amended (28 U.S.C. 1931 note), is
further amended by striking ``30.76 percent'' and inserting ``33.87
percent''.
Sec. 114. Section 4006 of title 18, United States Code, is amended--
(1) by striking ``The Attorney General'' and inserting the
following: ``(a) In General.--The Attorney General''; and
[[Page 113 STAT. 1501A-21]]
(2) by adding at the end the following:
``(b) Health Care Items and Services.--
``(1) In general.--Payment for costs incurred for the
provision of health care items and services for individuals in
the custody of the United States Marshals Service and the
Immigration and Naturalization Service shall not exceed the
lesser of the amount that would be paid for the provision of
similar health care items and services under--
``(A) the Medicare program under title XVIII of the
Social Security Act; or
``(B) the Medicaid program under title XIX of such
Act of the State in which the services were provided.
``(2) Full and final payment.--Any payment for a health care
item or service made pursuant to this subsection, shall be
deemed to be full and final payment.''.
Sec. 115. (a) None of the funds made available by this or any other
Act may be used to pay premium pay under title 5, United States Code,
sections 5542-5549, to any individual employed as an attorney, including
an Assistant United States Attorney, in the Department of Justice for
any work performed on or after the date of the enactment of this Act.
(b) Notwithstanding any other provision of law, neither the United
States nor any individual or entity acting on its behalf shall be liable
for premium pay under title 5, United States Code, sections 5542-5549,
for any work performed on or after the date of the enactment of this Act
by any individual employed as an attorney in the Department of Justice,
including an Assistant United States Attorney.
Sec. 116. Section 113 of the Department of Justice Appropriations
Act, 1999 (section 101(b) of division A of Public Law 105-277), as
amended by section 3028 of the Emergency Supplemental Appropriations
Act, 1999 (Public Law 106-31), is further amended by striking the first
comma and inserting ``for fiscal year 2000 and hereafter,''.
Sec. 117. Section 203(b)(2)(B) of the Immigration and Nationality
Act (8 U.S.C. 1153(b)(2)(B)) is amended to read as follows:
``(B)(i) Subject to clause (ii), the Attorney
General may, when the Attorney General deems it to be in
the national interest, waive the requirements of
subparagraph (A) that an alien's services in the
sciences, arts, professions, or business be sought by an
employer in the United States.
``(ii)(I) The Attorney General shall grant a
national interest waiver pursuant to clause (i) on
behalf of any alien physician with respect to whom a
petition for preference classification has been filed
under subparagraph (A) if--
``(aa) the alien physician agrees to work full
time as a physician in an area or areas designated
by the Secretary of Health and Human Services as
having a shortage of health care professionals or
at a health care facility under the jurisdiction
of the Secretary of Veterans Affairs; and
``(bb) a Federal agency or a department of
public health in any State has previously
determined that the alien physician's work in such
an area or at such facility was in the public
interest.
[[Page 113 STAT. 1501A-22]]
``(II) No permanent resident visa
may be issued to an alien physician
described in subclause (I) by the
Secretary of State under section 204(b),
and the Attorney General may not adjust
the status of such an alien physician
from that of a nonimmigrant alien to
that of a permanent resident alien under
section 245, until such time as the
alien has worked full time as a
physician for an aggregate of 5 years
(not including the time served in the
status of an alien described in section
101(a)(15)(J)), in an area or areas
designated by the Secretary of Health
and Human Services as having a shortage
of health care professionals or at a
health care facility under the
jurisdiction of the Secretary of
Veterans Affairs.
``(III) Nothing in this subparagraph
may be construed to prevent the filing
of a petition with the Attorney General
for classification under section 204(a),
or the filing of an application for
adjustment of status under section 245,
by an alien physician described in
subclause (I) prior to the date by which
such alien physician has completed the
service described in subclause (II).
``(IV) The requirements of this
subsection do not affect waivers on
behalf of alien physicians approved
under section 203(b)(2)(B) before the
enactment date of this subsection. In
the case of a physician for whom an
application for a waiver was filed under
section 203(b)(2)(B) prior to November
1, 1998, the Attorney General shall
grant a national interest waiver
pursuant to section 203(b)(2)(B) except
that the alien is required to have
worked full time as a physician for an
aggregate of 3 years (not including time
served in the status of an alien
described in section 101(a)(15)(J))
before a visa can be issued to the alien
under section 204(b) or the status of
the alien is adjusted to permanent
resident under section 245.''.
Sec. 118. Section 286(q)(1)(A) of the Immigration and Nationality
Act of 1953 (8 U.S.C. 1356(q)(1)(A)), as amended, is further amended--
(1) by striking clause (ii);
(2) by redesignating clause (iii) as (ii); and
(3) by striking ``, until September 30, 2000,'' in clause
(iv) and redesignating that clause as (iii).
Sec. 119. Section 1402(d) of the Victims of Crime Act of 1984 (42
U.S.C. 10601(d)) is amended--
(1) by striking paragraph (5);
(2) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(3) by adding a new paragraph (3), as follows:
``(3) Of the sums remaining in the Fund in any particular
fiscal year after compliance with paragraph (2), such sums as
may be necessary shall be available for the United States
Attorneys Offices to improve services for the benefit of crime
victims in the Federal criminal justice system.''.
[[Page 113 STAT. 1501A-23]]
Sec. 120. Public Law 103-322, the Violent Crime Control and Law
Enforcement Act of 1994, subtitle C, section 210304, Index to Facilitate
Law Enforcement Exchange of DNA Identification Information (42 U.S.C.
14132), is amended as follows:
(1) in subsection (a)(2), by striking ``and'';
(2) in subsection (a)(3), by striking the period and
inserting ``; and'' after ``remains''; and
(3) by adding after subsection (a)(3) the following new
subsection:
``(4) analyses of DNA samples voluntarily contributed from
relatives of missing persons.''.
Sec. 121. (a) Subsection (b)(1) of section 227 of the Victims of
Child Abuse Act of 1990 (42 U.S.C. 13032) is amended by inserting after
``such facts or circumstances'' the following: ``to the Cyber Tip Line
at the National Center for Missing and Exploited Children, which shall
forward that report''.
(b) Subsection (b)(2) of that section is amended by striking
``made'' and inserting ``forwarded''.
This title may be cited as the ``Department of Justice
Appropriations Act, 2000''.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$25,635,000, of which $1,000,000 shall remain available until expended:
Provided, That not to exceed $98,000 shall be available for official
reception and representation expenses.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $44,495,000, to remain available until
expended.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports
[[Page 113 STAT. 1501A-24]]
of United States firms, without regard to 44 U.S.C. 3702 and 3703; full
medical coverage for dependent members of immediate families of
employees stationed overseas and employees temporarily posted overseas;
travel and transportation of employees of the United States and Foreign
Commercial Service between two points abroad, without regard to 49
U.S.C. 1517; employment of Americans and aliens by contract for
services; rental of space abroad for periods not exceeding 10 years, and
expenses of alteration, repair, or improvement; purchase or construction
of temporary demountable exhibition structures for use abroad; payment
of tort claims, in the manner authorized in the first paragraph of 28
U.S.C. 2672 when such claims arise in foreign countries; not to exceed
$327,000 for official representation expenses abroad; purchase of
passenger motor vehicles for official use abroad, not to exceed $30,000
per vehicle; obtain insurance on official motor vehicles; and rent tie
lines and teletype equipment, $311,503,000, to remain available until
expended, of which $3,000,000 is to be derived from fees to be retained
and used by the International Trade Administration, notwithstanding 31
U.S.C. 3302: Provided, That of the $313,503,000 provided for in direct
obligations (of which $308,503,000 is appropriated from the general
fund, $3,000,000 is derived from fee collections, and $2,000,000 is
derived from unobligated balances and deobligations from prior years),
$62,376,000 shall be for Trade Development, $19,755,000 shall be for
Market Access and Compliance, $32,473,000 shall be for the Import
Administration, $186,693,000 shall be for the United States and Foreign
Commercial Service, and $12,206,000 shall be for Executive Direction and
Administration: Provided further, That the provisions of the first
sentence of section 105(f ) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f ) and
2458(c)) shall apply in carrying out these activities without regard to
section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15
U.S.C. 4912); and that for the purpose of this Act, contributions under
the provisions of the Mutual Educational and Cultural Exchange Act shall
include payment for assessments for services provided as part of these
activities.
Export Administration
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed overseas;
employment of Americans and aliens by contract for services abroad;
payment of tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign countries; not to
exceed $15,000 for official representation expenses abroad; awards of
compensation to informers under the Export Administration Act of 1979,
and as authorized by 22 U.S.C. 401(b); purchase of passenger motor
vehicles for official use and motor vehicles for law enforcement use
with special requirement vehicles eligible for purchase without regard
to any price limitation otherwise established by law, $54,038,000, to
remain available until expended, of which $1,877,000 shall be for
inspections and other activities related to national security: Provided,
That the provisions
[[Page 113 STAT. 1501A-25]]
of the first sentence of section 105(f ) and all of section 108(c) of
the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2455(f ) and 2458(c)) shall apply in carrying out these activities:
Provided further, That payments and contributions collected and accepted
for materials or services provided as part of such activities may be
retained for use in covering the cost of such activities, and for
providing information to the public with respect to the export
administration and national security activities of the Department of
Commerce and other export control programs of the United States and
other governments: Provided further, That no funds may be obligated or
expended for processing licenses for the export of satellites of United
States origin (including commercial satellites and satellite components)
to the People's Republic of China, unless, at least 15 days in advance,
the Committees on Appropriations of the House of Representatives and the
Senate and other appropriate committees of the Congress are notified of
such proposed action.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, as amended, and for
trade adjustment assistance, $361,879,000 to be made available until
expended.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $26,500,000: Provided, That
these funds may be used to monitor projects approved pursuant to title I
of the Public Works Employment Act of 1976, as amended, title II of the
Trade Act of 1974, as amended, and the Community Emergency Drought
Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $27,314,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$49,499,000, to remain available until September 30, 2001.
[[Page 113 STAT. 1501A-26]]
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law, $140,000,000.
periodic censuses and programs
For necessary expenses to conduct the decennial census,
$4,476,253,000 to remain available until expended: of which $20,240,000
is for Program Development and Management; of which $194,623,000 is for
Data Content and Products; of which $3,449,952,000 is for Field Data
Collection and Support Systems; of which $43,663,000 is for Address List
Development; of which $477,379,000 is for Automated Data Processing and
Telecommunications Support; of which $15,988,000 is for Testing and
Evaluation; of which $71,416,000 is for activities related to Puerto
Rico, the Virgin Islands and Pacific Areas; of which $199,492,000 is for
Marketing, Communications and Partnerships activities; and of which
$3,500,000 is for the Census Monitoring Board, as authorized by section
210 of Public Law 105-119: Provided, That the entire amount shall be
available only to the extent that an official budget request, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That for purposes of reprogramming among the
amounts set forth in the preceding part of this paragraph, the
notification requirements of section 605 shall be 3 days, and the
reprogramming obligation or expenditure threshold designated in section
605(b) shall be $1,000,000 or 10 percent, whichever is less.
In addition, for expenses to collect and publish statistics for
other periodic censuses and programs provided for by law, $142,320,000,
to remain available until expended.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $10,975,000,
to remain available until expended: Provided, That, notwithstanding 31
U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies
for costs incurred in spectrum management, analysis, and operations, and
related services and such fees shall be retained and used as offsetting
collections for costs of such spectrum services, to remain available
until expended: Provided further, That hereafter, notwithstanding any
other provision of law, NTIA shall not authorize spectrum use or provide
any spectrum functions pursuant to the National Telecommunications and
Information Administration Organization Act, 47 U.S.C. 902-903, to any
Federal entity without reimbursement as required by NTIA
[[Page 113 STAT. 1501A-27]]
for such spectrum management costs, and Federal entities withholding
payment of such cost shall not use spectrum: Provided further, That the
Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from other
Government agencies for all costs incurred in telecommunications
research, engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For grants authorized by section 392 of the Communications Act of
1934, as amended, $26,500,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $1,800,000 shall be available for program administration as
authorized by section 391 of the Act: Provided further, That
notwithstanding the provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for projects for
which applications have been submitted and approved during any fiscal
year: Provided further, That, hereafter, notwithstanding any other
provision of law, the Pan-Pacific Education and Communication
Experiments by Satellite (PEACESAT) Program is eligible to compete for
Public Telecommunications Facilities, Planning and Construction funds.
information infrastructure grants
For grants authorized by section 392 of the Communications Act of
1934, as amended, $15,500,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $3,000,000 shall be available for program administration and
other support activities as authorized by section 391: Provided further,
That, of the funds appropriated herein, not to exceed 5 percent may be
available for telecommunications research activities for projects
related directly to the development of a national information
infrastructure: Provided further, That, notwithstanding the requirements
of sections 392(a) and 392(c) of the Act, these funds may be used for
the planning and construction of telecommunications networks for the
provision of educational, cultural, health care, public information,
public safety, or other social services: Provided further, That
notwithstanding any other provision of law, no entity that receives
telecommunications services at preferential rates under section 254(h)
of the Act (47 U.S.C. 254(h)) or receives assistance under the regional
information sharing systems grant program of the Department of Justice
under part M of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796h) may use funds under a grant under this
heading to cover any costs of the entity that would otherwise be covered
by such preferential rates or such assistance, as the case may be.
[[Page 113 STAT. 1501A-28]]
Patent and Trademark Office
salaries and expenses
For necessary expenses of the Patent and Trademark Office provided
for by law, including defense of suits instituted against the
Commissioner of Patents and Trademarks, $755,000,000, to remain
available until expended: Provided, That of this amount, $755,000,000
shall be derived from offsetting collections assessed and collected
pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be
retained and used for necessary expenses in this appropriation: Provided
further, That the sum herein appropriated from the general fund shall be
reduced as such offsetting collections are received during fiscal year
2000, so as to result in a final fiscal year 2000 appropriation from the
general fund estimated at $0: Provided further, That, during fiscal year
2000, should the total amount of offsetting fee collections be less than
$755,000,000, the total amounts available to the Patent and Trademark
Office shall be reduced accordingly: Provided further, That any amount
received in excess of $755,000,000 in fiscal year 2000 shall remain
available until expended: Provided further, That of the amount in excess
of $755,000,000 referred to in the previous proviso, $229,000,000 shall
not be available for obligation until October 1, 2000: Provided further,
That not to exceed $116,000,000 from fees collected in fiscal year 1999
shall be made available for obligation in fiscal year 2000.
Science and Technology
Technology Administration
under secretary for technology/office of technology policy
salaries and expenses
For necessary expenses for the Undersecretary for Technology/Office
of Technology Policy, $7,972,000.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards and
Technology, $283,132,000, to remain available until expended, of which
not to exceed $282,000 may be transferred to the ``Working Capital
Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension Partnership of
the National Institute of Standards and Technology, $104,836,000, to
remain available until expended.
In addition, for necessary expenses of the Advanced Technology
Program of the National Institute of Standards and Technology,
$142,600,000, to remain available until expended, of which not to exceed
$50,700,000 shall be available for the award of new grants, and of which
not to exceed $500,000 may be transferred to the ``Working Capital
Fund''.
[[Page 113 STAT. 1501A-29]]
construction of research facilities
For construction of new research facilities, including architectural
and engineering design, and for renovation of existing facilities, not
otherwise provided for the National Institute of Standards and
Technology, as authorized by 15 U.S.C. 278c-278e, $108,414,000, to
remain available until expended: Provided, That of the amounts provided
under this heading, $84,916,000 shall be available for obligation and
expenditure only after submission of a plan for the expenditure of these
funds, in accordance with section 605 of this Act.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfers of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft; grants, contracts, or other payments to
nonprofit organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of facilities as
authorized by 33 U.S.C. 883i, $1,688,189,000, to remain available until
expended: Provided, That fees and donations received by the National
Ocean Service for the management of the national marine sanctuaries may
be retained and used for the salaries and expenses associated with those
activities, notwithstanding 31 U.S.C. 3302: Provided further, That in
addition, $68,000,000 shall be derived by transfer from the fund
entitled ``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'': Provided further, That grants to States
pursuant to sections 306 and 306A of the Coastal Zone Management Act of
1972, as amended, shall not exceed $2,000,000: Provided further, That
not to exceed $31,439,000 shall be expended for Executive Direction and
Administration, which consists of the Offices of the Undersecretary, the
Executive Secretariat, Policy and Strategic Planning, International
Affairs, Legislative Affairs, Public Affairs, Sustainable Development,
the Chief Scientist, and the General Counsel: Provided further, That the
aforementioned offices, excluding the Office of the General Counsel,
shall not be augmented by personnel details, temporary transfers of
personnel on either a reimbursable or nonreimbursable basis or any other
type of formal or informal transfer or reimbursement of personnel or
funds on either a temporary or long-term basis above the level of 33
personnel: Provided further, That no general administrative charge shall
be applied against any assigned activity included in this Act and,
further, that any direct administrative expenses applied against
assigned activities shall be limited to 5 percent of the funds provided
for that assigned activity: Provided further, That of the amount made
available under this heading for the National Marine Fisheries Services
Pacific Salmon Treaty Program, $10,000,000 is appropriated for a
Southern Boundary and Transboundary Rivers Restoration Fund, subject to
express authorization.
In addition, for necessary retired pay expenses under the Retired
Serviceman's Family Protection and Survivor Benefits Plan, and for
payments for medical care of retired personnel and their
[[Page 113 STAT. 1501A-30]]
dependents under the Dependents Medical Care Act (10 U.S.C. ch. 55),
such sums as may be necessary.
procurement, acquisition and construction
(including transfers of funds)
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic and
Atmospheric Administration, $596,067,000, to remain available until
expended: Provided, That unexpended balances of amounts previously made
available in the ``Operations, Research, and Facilities'' account for
activities funded under this heading may be transferred to and merged
with this account, to remain available until expended for the purposes
for which the funds were originally appropriated.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations and the implementation of the 1999 Pacific Salmon
Treaty Agreement between the United States and Canada, $58,000,000.
coastal zone management fund
Of amounts collected pursuant to section 308 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $4,000,000, for
purposes set forth in sections 308(b)(2)(A), 308(b)(2)(B)(v), and 315(e)
of such Act.
promote and develop fishery products and research pertaining to american
fisheries
fisheries promotional fund
(rescission)
All unobligated balances available in the Fisheries Promotional Fund
are rescinded: Provided, That all obligated balances are transferred to
the ``Operations, Research, and Facilities'' account.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $953,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
foreign fishing observer fund
For expenses necessary to carry out the provisions of the Atlantic
Tunas Convention Act of 1975, as amended (Public Law 96-339), the
Magnuson-Stevens Fishery Conservation and Management Act of 1976, as
amended (Public Law 100-627), and the American Fisheries Promotion Act
(Public Law 96-561), to be derived from the fees imposed under the
foreign fishery observer program authorized by these Acts, not to exceed
$189,000, to remain available until expended.
[[Page 113 STAT. 1501A-31]]
fisheries finance program account
For the cost of direct loans, $338,000, as authorized by the
Merchant Marine Act of 1936, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That none of the funds made available under this heading may be used for
direct loans for any new fishing vessel that will increase the
harvesting capacity in any United States fishery.
General Administration
salaries and expenses
For expenses necessary for the general administration of the
Department of Commerce provided for by law, including not to exceed
$3,000 for official entertainment, $31,500,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App. 1-11, as amended by Public Law 100-504),
$20,000,000.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable appropriations
and funds made available to the Department of Commerce by this Act shall
be available for the activities specified in the Act of October 26, 1949
(15 U.S.C. 1514), to the extent and in the manner prescribed by the Act,
and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments
not otherwise authorized only upon the certification of officials
designated by the Secretary of Commerce that such payments are in the
public interest.
Sec. 202. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefore, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 203. None of the funds made available by this Act may be used
to support the hurricane reconnaissance aircraft and activities that are
under the control of the United States Air Force or the United States
Air Force Reserve.
Sec. 204. None of the funds provided in this or any previous Act, or
hereinafter made available to the Department of Commerce, shall be
available to reimburse the Unemployment Trust Fund or any other fund or
account of the Treasury to pay for any expenses authorized by section
8501 of title 5, United States Code, for services performed by
individuals appointed to temporary positions within the Bureau of the
Census for purposes relating to the decennial censuses of population.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to
[[Page 113 STAT. 1501A-32]]
this section shall be treated as a reprogramming of funds under section
605 of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Sec. 206. (a) Should legislation be enacted to dismantle or
reorganize the Department of Commerce, or any portion thereof, the
Secretary of Commerce, no later than 90 days thereafter, shall submit to
the Committees on Appropriations of the House of Representatives and the
Senate a plan for transferring funds provided in this Act to the
appropriate successor organizations: Provided, That the plan shall
include a proposal for transferring or rescinding funds appropriated
herein for agencies or programs terminated under such legislation:
Provided further, That such plan shall be transmitted in accordance with
section 605 of this Act.
(b) The Secretary of Commerce or the appropriate head of any
successor organization(s) may use any available funds to carry out
legislation dismantling or reorganizing the Department of Commerce, or
any portion thereof, to cover the costs of actions relating to the
abolishment, reorganization, or transfer of functions and any related
personnel action, including voluntary separation incentives if
authorized by such legislation: Provided, That the authority to transfer
funds between appropriations accounts that may be necessary to carry out
this section is provided in addition to authorities included under
section 205 of this Act: Provided further, That use of funds to carry
out this section shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section.
Sec. 207. Any costs incurred by a department or agency funded under
this title resulting from personnel actions taken in response to funding
reductions included in this title or from actions taken for the care and
protection of loan collateral or grant property shall be absorbed within
the total budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be treated as
a reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 208. The Secretary of Commerce may award contracts for
hydrographic, geodetic, and photogrammetric surveying and mapping
services in accordance with title IX of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 541 et seq.).
Sec. 209. The Secretary of Commerce may use the Commerce franchise
fund for expenses and equipment necessary for the maintenance and
operation of such administrative services as the Secretary determines
may be performed more advantageously as central services, pursuant to
section 403 of Public Law 103-356: Provided, That any inventories,
equipment, and other assets pertaining to the services to be provided by
such fund, either on hand or on order, less the related liabilities or
unpaid obligations, and any appropriations made for the purpose of
providing capital shall be used to capitalize such fund: Provided
further, That such fund shall be paid in advance from funds available to
the department and other Federal agencies for which such centralized
services
[[Page 113 STAT. 1501A-33]]
are performed, at rates which will return in full all expenses of
operation, including accrued leave, depreciation of fund plant and
equipment, amortization of automated data processing (ADP) software and
systems (either acquired or donated), and an amount necessary to
maintain a reasonable operating reserve, as determined by the Secretary:
Provided further, That such fund shall provide services on a competitive
basis: Provided further, That an amount not to exceed 4 percent of the
total annual income to such fund may be retained in the fund for fiscal
year 2000 and each fiscal year thereafter, to remain available until
expended, to be used for the acquisition of capital equipment, and for
the improvement and implementation of department financial management,
ADP, and other support systems: Provided further, That such amounts
retained in the fund for fiscal year 2000 and each fiscal year
thereafter shall be available for obligation and expenditure only in
accordance with section 605 of this Act: Provided further, That no later
than 30 days after the end of each fiscal year, amounts in excess of
this reserve limitation shall be deposited as miscellaneous receipts in
the Treasury: Provided further, That such franchise fund pilot program
shall terminate pursuant to section 403(f ) of Public Law 103-356.
Sec. 210. Section 302(a)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(a)(1)(A)) is amended--
(1) by striking ``17'' and inserting ``18''; and
(2) by striking ``11'' and inserting ``12''.
Sec. 211. Notwithstanding any other provision of law, of the amounts
made available elsewhere in this title to the ``National Institute of
Standards and Technology, Construction of Research Facilities'',
$2,000,000 is appropriated to the Institute at Saint Anselm College,
$700,000 is appropriated to the New Hampshire State Library, and
$9,000,000 is appropriated to fund a cooperative agreement with the
Medical University of South Carolina.
This title may be cited as the ``Department of Commerce and Related
Agencies Appropriations Act, 2000''.
TITLE III--THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
purchase or hire, driving, maintenance, and operation of an automobile
for the Chief Justice, not to exceed $10,000 for the purpose of
transporting Associate Justices, and hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
official reception and representation expenses; and for miscellaneous
expenses, to be expended as the Chief Justice may approve, $35,492,000.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon the Architect by the
Act approved May 7, 1934 (40 U.S.C. 13a-
[[Page 113 STAT. 1501A-34]]
13b), $8,002,000, of which $5,101,000 shall remain available until
expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of the chief judge, judges, and other officers and
employees, and for necessary expenses of the court, as authorized by
law, $16,797,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and eight judges, salaries of the
officers and employees of the court, services as authorized by 5 U.S.C.
3109, and necessary expenses of the court, as authorized by law,
$11,957,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including judges of
the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the United
States Court of Federal Claims, bankruptcy judges, magistrate judges,
and all other officers and employees of the Federal Judiciary not
otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $2,958,138,000 (including the purchase of
firearms and ammunition); of which not to exceed $13,454,000 shall
remain available until expended for space alteration projects; and of
which not to exceed $10,000,000 shall remain available until expended
for furniture and furnishings related to new space alteration and
construction projects.
In addition, for activities of the Federal Judiciary as authorized
by law, $156,539,000, to remain available until expended, which shall be
derived from the Violent Crime Reduction Trust Fund, as authorized by
section 190001(a) of Public Law 103-322, and sections 818 and 823 of
Public Law 104-132.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $2,515,000, to be appropriated
from the Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Public Defender and Community Defender
organizations; the compensation and reimbursement of expenses of
attorneys appointed to represent persons under the Criminal Justice Act
of 1964, as amended; the compensation and reimbursement of expenses of
persons furnishing investigative, expert and other services under the
Criminal Justice Act of 1964 (18 U.S.C. 3006A(e)); the compensation (in
accordance with Criminal Justice Act maximums) and reimbursement of
expenses of attorneys appointed to assist the court in criminal cases
where the defendant
[[Page 113 STAT. 1501A-35]]
has waived representation by counsel; the compensation and reimbursement
of travel expenses of guardians ad litem acting on behalf of financially
eligible minor or incompetent offenders in connection with transfers
from the United States to foreign countries with which the United States
has a treaty for the execution of penal sentences; and the compensation
of attorneys appointed to represent jurors in civil actions for the
protection of their employment, as authorized by 28 U.S.C. 1875(d),
$358,848,000, to remain available until expended as authorized by 18
U.S.C. 3006A(i).
In addition, for activities of the Federal Judiciary as authorized
by law, $26,247,000, to remain available until expended, which shall be
derived from the Violent Crime Reduction Trust Fund, as authorized by
section 19001(a) of Public Law 103-322, and sections 818 and 823 of
Public Law 104-132.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71A(h)), $60,918,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under
section 5332 of title 5, United States Code.
court security
For necessary expenses, not otherwise provided for, incident to the
procurement, installation, and maintenance of security equipment and
protective services for the United States Courts in courtrooms and
adjacent areas, including building ingress-egress control, inspection of
packages, directed security patrols, and other similar activities as
authorized by section 1010 of the Judicial Improvement and Access to
Justice Act (Public Law 100-702), $193,028,000, of which not to exceed
$10,000,000 shall remain available until expended for security systems,
to be expended directly or transferred to the United States Marshals
Service, which shall be responsible for administering elements of the
Judicial Security Program consistent with standards or guidelines agreed
to by the Director of the Administrative Office of the United States
Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by 31
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $55,000,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
[[Page 113 STAT. 1501A-36]]
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90-219, $18,000,000; of which $1,800,000 shall remain
available through September 30, 2001, to provide education and training
to Federal court personnel; and of which not to exceed $1,000 is
authorized for official reception and representation expenses.
Judicial Retirement Funds
payment to judiciary trust funds
For payment to the Judicial Officers' Retirement Fund, as authorized
by 28 U.S.C. 377(o), $29,500,000; to the Judicial Survivors' Annuities
Fund, as authorized by 28 U.S.C. 376(c), $8,000,000; and to the United
States Court of Federal Claims Judges' Retirement Fund, as authorized by
28 U.S.C. 178(l), $2,200,000.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $8,500,000, of which not
to exceed $1,000 is authorized for official reception and representation
expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this title which
are available for salaries and expenses shall be available for services
as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for district courts, courts of appeals, and
other judicial services shall be available for official reception and
representation expenses of the Judicial Conference of the United States:
Provided, That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office of the
United States Courts in the capacity as Secretary of the Judicial
Conference.
Sec. 304. Pursuant to section 140 of Public Law 97-92, Justices and
judges of the United States are authorized during fiscal year 2000, to
receive a salary adjustment in accordance with 28 U.S.C.
[[Page 113 STAT. 1501A-37]]
461: Provided, That $9,611,000 is appropriated for salary adjustments
pursuant to this section and such funds shall be transferred to and
merged with appropriations in title III of this Act.
Sec. 305. Section 604(a)(5) of title 28, United States Code, is
amended by adding before the semicolon at the end thereof the following:
``, and, notwithstanding any other provision of law, pay on behalf of
Justices and judges of the United States appointed to hold office during
good behavior, aged 65 or over, any increases in the cost of Federal
Employees' Group Life Insurance imposed after April 24, 1999, including
any expenses generated by such payments, as authorized by the Judicial
Conference of the United States''.
Sec. 306. The second paragraph of section 112(c) of title 28, United
States Code, is amended to read ``Court for the Eastern District shall
be held at Brooklyn, Hauppauge, Hempstead (including the village of
Uniondale), and Central Islip.''.
Sec. 307. Pursuant to the requirements of section 156(d) of title
28, United States Code, Congress hereby approves the consolidation of
the Office of the Bankruptcy Clerk with the Office of the District Clerk
of Court in the Southern District of West Virginia.
Sec. 308. (a) In General.--Section 3006A(d)(4)(D)(vi) of title 18,
United States Code, is amended by adding after the word ``require'' the
following: ``, except that the amount of the fees shall not be
considered a reason justifying any limited disclosure under section
3006A(d)(4) of title 18, United States Code''.
(b) Effective Date.--This section shall apply to all disclosures
made under section 3006A(d) of title 18, United States Code, related to
any criminal trial or appeal involving a sentence of death where the
underlying alleged criminal conduct took place on or after April 19,
1995.
Sec. 309. (a) The President shall appoint, by and with the advice
and consent of the Senate--
(1) three additional district judges for the district of
Arizona;
(2) four additional district judges for the middle district
of Florida; and
(3) two additional district judges for the district of
Nevada.
(b) In order that the table contained in section 133 of title 28,
United States Code, will reflect the changes in the total number of
permanent district judgeships authorized as a result of subsection (a)
of this section--
(1) the item relating to Arizona in such table is amended to
read as follows:
``Arizona......................................................... 11'';
(2) the item relating to Florida in such table is amended to
read as follows:
``Florida:
Northern...................................................... 4
Middle........................................................ 15
Southern......................................................16'';
and
(3) the item relating to Nevada in such table is amended to
read as follows:
``Nevada.......................................................... 6''.
(c) There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this section, including
[[Page 113 STAT. 1501A-38]]
such sums as may be necessary to provide appropriate space and
facilities for the judicial positions created by this section.
This title may be cited as ``The Judiciary Appropriations Act,
2000''.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, including expenses authorized by the
State Department Basic Authorities Act of 1956, as amended, the Mutual
Educational and Cultural Exchange Act of 1961, as amended, and the
United States Information and Educational Exchange Act of 1948, as
amended, including employment, without regard to civil service and
classification laws, of persons on a temporary basis (not to exceed
$700,000 of this appropriation), as authorized by section 801 of such
Act; expenses authorized by section 9 of the Act of August 31, 1964, as
amended; representation to certain international organizations in which
the United States participates pursuant to treaties, ratified pursuant
to the advice and consent of the Senate, or specific Acts of Congress;
arms control, nonproliferation and disarmanent activities as authorized
by the Arms Control and Disarmament Act of September 26, 1961, as
amended; acquisition by exchange or purchase of passenger motor vehicles
as authorized by law; and for expenses of general administration,
$2,569,825,000: Provided, That, of the amount made available under this
heading, not to exceed $4,000,000 may be transferred to, and merged
with, funds in the ``Emergencies in the Diplomatic and Consular
Service'' appropriations account, to be available only for emergency
evacuations and terrorism rewards: Provided further, That, of the amount
made available under this heading, not to exceed $4,500,000 may be
transferred to, and merged with, funds in the ``International
Broadcasting Operations'' appropriations account only to avoid
reductions in force at the Voice of America, subject to the
reprogramming procedures described in section 605 of this Act: Provided
further, That, in fiscal year 2000, all receipts collected from
individuals for assistance in the preparation and filing of an affidavit
of support pursuant to section 213A of the Immigration and Nationality
Act shall be deposited into this account as an offsetting collection and
shall remain available until expended: Provided further, That of the
amount made available under this heading, $236,291,000 shall be
available only for public diplomacy international information programs:
Provided further, That of the amount made available under this heading,
$500,000 shall be available only for the National Law Center for Inter-
American Free Trade: Provided further, That of the amount made available
under this heading, $2,500,000 shall be available only for overseas
continuing language education: Provided further, That of the amount made
available under this heading, not to exceed $1,162,000 shall be
available for transfer to the Presidential Advisory Commission on
Holocaust Assets in the United States: Provided further, That any amount
transferred pursuant to the previous proviso shall not result in a total
amount
[[Page 113 STAT. 1501A-39]]
transferred to the Commission from all Federal sources that exceeds the
authorized amount: Provided further, That notwithstanding section
140(a)(5), and the second sentence of section 140(a)(3), of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995, fees may be
collected during fiscal years 2000 and 2001, under the authority of
section 140(a)(1) of that Act: Provided further, That all fees collected
under the preceding proviso shall be deposited in fiscal years 2000 and
2001 as an offsetting collection to appropriations made under this
heading to recover costs as set forth under section 140(a)(2) of that
Act and shall remain available until expended: Provided further, That of
the amount made available under this heading, $10,000,000 is
appropriated for a Northern Boundary and Transboundary Rivers
Restoration Fund: Provided further, That of the amount made available
under this heading, not less than $9,000,000 shall be available for the
Office of Defense Trade Controls.
In addition, not to exceed $1,252,000 shall be derived from fees
collected from other executive agencies for lease or use of facilities
located at the International Center in accordance with section 4 of the
International Center Act, as amended; in addition, as authorized by
section 5 of such Act, $490,000, to be derived from the reserve
authorized by that section, to be used for the purposes set out in that
section; in addition, as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed $6,000,000, to
remain available until expended, may be credited to this appropriation
from fees or other payments received from English teaching, library,
motion pictures, and publication programs, and from fees from
educational advising and counseling, and exchange visitor programs; and,
in addition, not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House facilities
in accordance with section 46 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2718(a)).
In addition, for the costs of worldwide security upgrades,
$254,000,000, to remain available until expended.
capital investment fund
For necessary expenses of the Capital Investment Fund, $80,000,000,
to remain available until expended, as authorized in Public Law 103-236:
Provided, That section 135(e) of Public Law 103-236 shall not apply to
funds available under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App.), $27,495,000, notwithstanding section 209(a)(1)
of the Foreign Service Act of 1980, as amended (Public Law 96-465), as
it relates to post inspections.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized by the Mutual Educational and Cultural Exchange Act of 1961,
as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of
1977, as amended (91 Stat. 1636), $205,000,000, to remain available
until expended as authorized by section 105
[[Page 113 STAT. 1501A-40]]
of such Act of 1961 (22 U.S.C. 2455): Provided, That not to exceed
$800,000, to remain available until expended, may be credited to this
appropriation from fees or other payments received from or in connection
with English teaching and educational advising and counseling programs
as authorized by section 810 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1475e).
representation allowances
For representation allowances as authorized by section 905 of the
Foreign Service Act of 1980, as amended (22 U.S.C. 4085), $5,850,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services in accordance
with the provisions of section 214 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, $8,100,000,
to remain available until September 30, 2001.
security and maintenance of united states missions
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292-300), preserving,
maintaining, repairing, and planning for, buildings that are owned or
directly leased by the Department of State, renovating, in addition to
funds otherwise available, the Main State Building, and carrying out the
Diplomatic Security Construction Program as authorized by title IV of
the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4851), $428,561,000, to remain available until expended as authorized by
section 24(c) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2696(c)), of which not to exceed $25,000 may be used for
representation as authorized by section 905 of the Foreign Service Act
of 1980, as amended (22 U.S.C. 4085): Provided, That none of the funds
appropriated in this paragraph shall be available for acquisition of
furniture and furnishings and generators for other departments and
agencies.
In addition, for the costs of worldwide security upgrades,
$313,617,000, to remain available until expended.
emergencies in the diplomatic and consular service
For expenses necessary to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service
pursuant to the requirement of 31 U.S.C. 3526(e), and as authorized by
section 804(3) of the United States Information and Educational Exchange
Act of 1948, as amended, $5,500,000, to remain available until expended
as authorized by section 24(c) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2696(c)), of which not to exceed $1,000,000 may
be transferred to and merged with the Repatriation Loans Program
Account, subject to the same terms and conditions.
[[Page 113 STAT. 1501A-41]]
repatriation loans program account
For the cost of direct loans, $593,000, as authorized by section 4
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2671):
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974. In addition, for administrative expenses necessary to carry out
the direct loan program, $607,000, which may be transferred to and
merged with the Diplomatic and Consular Programs account under
Administration of Foreign Affairs.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act, Public
Law 96-8, $15,375,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized by law, $128,541,000.
International Organizations and Conferences
contributions to international organizations
For expenses, not otherwise provided for, necessary to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties, ratified pursuant to the advice and consent of the
Senate, conventions or specific Acts of Congress, $885,203,000:
Provided, That any payment of arrearages under this title shall be
directed toward special activities that are mutually agreed upon by the
United States and the respective international organization: Provided
further, That none of the funds appropriated in this paragraph shall be
available for a United States contribution to an international
organization for the United States share of interest costs made known to
the United States Government by such organization for loans incurred on
or after October 1, 1984, through external borrowings: Provided further,
That funds appropriated under this paragraph may be obligated and
expended to pay the full United States assessment to the civil budget of
the North Atlantic Treaty Organization.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $500,000,000, of which
not to exceed $20,000,000 shall remain available until September 30,
2001: Provided, That none of the funds made available under this Act
shall be obligated or expended for any new or expanded United Nations
peacekeeping mission unless, at least 15 days in advance of voting for
the new or expanded mission in the United Nations Security Council (or
in an emergency, as far in advance as is practicable): (1) the
Committees on Appropriations of the House of Representatives and the
Senate and other appropriate committees of the Congress are notified of
the estimated cost and length of the mission, the vital national
interest that
[[Page 113 STAT. 1501A-42]]
will be served, and the planned exit strategy; and (2) a reprogramming
of funds pursuant to section 605 of this Act is submitted, and the
procedures therein followed, setting forth the source of funds that will
be used to pay for the cost of the new or expanded mission: Provided
further, That funds shall be available for peacekeeping expenses only
upon a certification by the Secretary of State to the appropriate
committees of the Congress that American manufacturers and suppliers are
being given opportunities to provide equipment, services, and material
for United Nations peacekeeping activities equal to those being given to
foreign manufacturers and suppliers: Provided further, That none of the
funds made available under this heading are available to pay the United
States share of the cost of court monitoring that is part of any United
Nations peacekeeping mission.
arrearage payments
For an additional amount for payment of arrearages to meet
obligations of authorized membership in international multilateral
organizations, and to pay assessed expenses of international
peacekeeping activities, $244,000,000, to remain available until
expended: Provided, That none of the funds appropriated or otherwise
made available under this heading for payment of arrearages may be
obligated or expended until such time as the share of the total of all
assessed contributions for any designated specialized agency of the
United Nations does not exceed 22 percent for any single member of the
agency, and the designated specialized agencies have achieved zero
nominal growth in their biennium budgets for 2000-2001 from the 1998-
1999 biennium budget levels of the respective agencies: Provided futher,
That, notwithstanding the preceding proviso, an additional amount, not
to exceed $107,000,000, which is owed by the United Nations to the
United States as a reimbursement, including any reimbursement under the
Foreign Assistance Act of 1961 or the United Nations Participation Act
of 1945, that was owed to the United States before the date of the
enactment of this Act shall be applied or used, without fiscal year
limitations, to reduce any amount owed by the United States to the
United Nations.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $19,551,000.
[[Page 113 STAT. 1501A-43]]
construction
For detailed plan preparation and construction of authorized
projects, $5,939,000, to remain available until expended, as authorized
by section 24(c) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2696(c)).
american sections, international commissions
For necessary expenses, not otherwise provided for the International
Joint Commission and the International Boundary Commission, United
States and Canada, as authorized by treaties between the United States
and Canada or Great Britain, and for the Border Environment Cooperation
Commission as authorized by Public Law 103-182, $5,733,000, of which not
to exceed $9,000 shall be available for representation expenses incurred
by the International Joint Commission.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $15,549,000: Provided,
That the United States' share of such expenses may be advanced to the
respective commissions, pursuant to 31 U.S.C. 3324.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by section 501 of
Public Law 101-246, $8,250,000, to remain available until expended, as
authorized by section 24(c) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2696(c)).
eisenhower exchange fellowship program trust fund
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2000, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in accordance
with OMB Circulars A-110 (Uniform Administrative Requirements) and A-122
(Cost Principles for Non-profit Organizations), including the
restrictions on compensation for personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship Program as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September 30,
2000, to remain available until expended.
[[Page 113 STAT. 1501A-44]]
east-west center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960 (22 U.S.C. 2054-2057), by grant to the Center
for Cultural and Technical Interchange Between East and West in the
State of Hawaii, $12,500,000: Provided, That none of the funds
appropriated herein shall be used to pay any salary, or enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376.
north/south center
To enable the Secretary of State to provide for carrying out the
provisions of the North/South Center Act of 1991 (22 U.S.C. 2075), by
grant to an educational institution in Florida known as the North/South
Center, $1,750,000, to remain available until expended.
national endowment for democracy
For grants made by the Department of State to the National Endowment
for Democracy as authorized by the National Endowment for Democracy Act,
$31,000,000 to remain available until expended.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For expenses necessary to enable the Broadcasting Board of
Governors, as authorized by the United States Information and
Educational Exchange Act of 1948, as amended, the United States
International Broadcasting Act of 1994, as amended, Reorganization Plan
No. 2 of 1977, as amended, and the Foreign Affairs Reform and
Restructuring Act of 1998, to carry out international communication
activities, $388,421,000, of which not to exceed $16,000 may be used for
official receptions within the United States as authorized by section
804(3) of such Act of 1948 (22 U.S.C. 1747(3)), not to exceed $35,000
may be used for representation abroad as authorized by section 302 of
such Act of 1948 (22 U.S.C. 1452) and section 905 of the Foreign Service
Act of 1980 (22 U.S.C. 4085), and not to exceed $39,000 may be used for
official reception and representation expenses of Radio Free Europe/
Radio Liberty; and in addition, notwithstanding any other provision of
law, not to exceed $2,000,000 in receipts from advertising and revenue
from business ventures, not to exceed $500,000 in receipts from
cooperating international organizations, and not to exceed $1,000,000 in
receipts from privatization efforts of the Voice of America and the
International Broadcasting Bureau, to remain available until expended
for carrying out authorized purposes.
broadcasting to cuba
For expenses necessary to enable the Broadcasting Board of Governors
to carry out the Radio Broadcasting to Cuba Act, as
[[Page 113 STAT. 1501A-45]]
amended, the Television Broadcasting to Cuba Act, and the International
Broadcasting Act of 1994, and the Foreign Affairs Reform and
Restructuring Act of 1998, including the purchase, rent, construction,
and improvement of facilities for radio and television transmission and
reception, and purchase and installation of necessary equipment for
radio and television transmission and reception, $22,095,000, to remain
available until expended: Provided, That funds may be used to purchase
or lease, maintain, and operate such aircraft (including aerostats) as
may be required to house and operate necessary television broadcasting
equipment.
broadcasting capital improvements
For the purchase, rent, construction, and improvement of facilities
for radio transmission and reception, and purchase and installation of
necessary equipment for radio and television transmission and reception
as authorized by section 801 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1471), $11,258,000, to
remain available until expended, as authorized by section 704(a) of such
Act of 1948 (22 U.S.C. 1477b(a)).
General Provisions--Department of State and Related Agency
Sec. 401. Funds appropriated under this title shall be available,
except as otherwise provided, for allowances and differentials as
authorized by subchapter 59 of title 5, United States Code; for services
as authorized by 5 U.S.C. 3109; and hire of passenger transportation
pursuant to 31 U.S.C. 1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
not to exceed 5 percent of any appropriation made available for the
current fiscal year for the Broadcasting Board of Governors in this Act
may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided
further, That any transfer pursuant to this section shall be treated as
a reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 403. The Secretary of State is authorized to administer summer
travel and work programs without regard to preplacement requirements.
Sec. 404. Beginning in fiscal year 2000 and thereafter, section
410(a) of the Department of State and Related Agencies Appropriations
Act, 1999, as included in Public Law 105-277, shall be in effect.
Sec. 405. None of the funds made available in this Act may be used
by the Department of State or the Broadcasting Board of Governors to
provide equipment, technical support, consulting services, or any other
form of assistance to the Palestinian Broadcasting Corporation.
Sec. 406. None of the funds appropriated or otherwise made available
in this Act for the United Nations may be used by the
[[Page 113 STAT. 1501A-46]]
United Nations for the promulgation or enforcement of any treaty,
resolution, or regulation authorizing the United Nations, or any of its
specialized agencies or affiliated organizations, to tax any aspect of
the Internet.
Sec. 407. Funds appropriated by this Act for the Broadcasting Board
of Governors and the Department of State may be obligated and expended
notwithstanding section 313 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995, section 309(g) of the International
Broadcasting Act of 1994, and section 15 of the State Department Basic
Authorities Act of 1956.
This title may be cited as the ``Department of State and Related
Agency Appropriations Act, 2000''.
TITLE V--RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag merchant
fleet to serve the national security needs of the United States,
$96,200,000, to remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $72,073,000.
maritime guaranteed loan (title xi) program account
For the cost of guaranteed loans, as authorized by the Merchant
Marine Act, 1936, $6,000,000, to remain available until expended:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $1,000,000,000.
In addition, for administrative expenses to carry out the guaranteed
loan program, not to exceed $3,809,000, which shall be transferred to
and merged with the appropriation for Operations and Training.
administrative provisions--maritime administration
Notwithstanding any other provision of this Act, the Maritime
Administration is authorized to furnish utilities and services and make
necessary repairs in connection with any lease, contract, or occupancy
involving Government property under control of the Maritime
Administration, and payments received therefore shall be credited to the
appropriation charged with the cost thereof: Provided, That rental
payments under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into the
Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal year from
the construction fund established by the Merchant Marine Act, 1936, or
otherwise, in excess of the appropriations and limitations contained in
this Act or in any prior appropriation Act.
[[Page 113 STAT. 1501A-47]]
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of America's
Heritage Abroad, $490,000, as authorized by section 1303 of Public Law
99-83.
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $8,900,000: Provided, That not to
exceed $50,000 may be used to employ consultants: Provided further, That
none of the funds appropriated in this paragraph shall be used to employ
in excess of four full-time individuals under Schedule C of the Excepted
Service exclusive of one special assistant for each Commissioner:
Provided further, That none of the funds appropriated in this paragraph
shall be used to reimburse Commissioners for more than 75 billable days,
with the exception of the chairperson, who is permitted 125 billable
days.
Advisory Commission on Electronic Commerce
salaries and expenses
For the necessary expenses of the Advisory Commission on Electronic
Commerce, as authorized by Public Law 105-277, $1,400,000.
Commission on Security and Cooperation In Europe
salaries and expenses
For necessary expenses of the Commission on Security and Cooperation
in Europe, as authorized by Public Law 94-304, $1,182,000, to remain
available until expended as authorized by section 3 of Public Law 99-7.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
as amended (29 U.S.C. 206(d) and 621-634), the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991, including
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to
private citizens; and not to exceed $29,000,000 for payments to State
and local enforcement agencies for services to the Commission pursuant
to title VII of the Civil Rights Act of 1964, as amended, sections 6 and
14 of the Age Discrimination in Employment Act, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991,
$282,000,000: Provided, That the Commission is authorized to make
available for official reception and representation expenses not to
exceed $2,500 from available funds.
[[Page 113 STAT. 1501A-48]]
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $600,000 for land and
structure; not to exceed $500,000 for improvement and care of grounds
and repair to buildings; not to exceed $4,000 for official reception and
representation expenses; purchase (not to exceed 16) and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $210,000,000, of which not to exceed $300,000 shall remain
available until September 30, 2001, for research and policy studies:
Provided, That $185,754,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the Communications Act
of 1934, as amended, and shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during fiscal year
2000 so as to result in a final fiscal year 2000 appropriation estimated
at $24,246,000: Provided further, That any offsetting collections
received in excess of $185,754,000 in fiscal year 2000 shall remain
available until expended, but shall not be available for obligation
until October 1, 2000.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. App. 1111), including services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, $14,150,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $104,024,000: Provided, That not to exceed
$300,000 shall be available for use to contract with a person or persons
for collection services in accordance with the terms of 31 U.S.C. 3718,
as amended: Provided further, That, notwithstanding section 3302(b) of
title 31, United States Code, not to exceed $104,024,000 of offsetting
collections derived from fees collected for premerger notification
filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976
(15 U.S.C. 18(a)) shall be retained and used for necessary expenses in
this appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated from the general fund shall be
reduced
[[Page 113 STAT. 1501A-49]]
as such offsetting collections are received during fiscal year 2000, so
as to result in a final fiscal year 2000 appropriation from the general
fund estimated at not more than $0, to remain available until expended:
Provided further, That none of the funds made available to the Federal
Trade Commission shall be available for obligation for expenses
authorized by section 151 of the Federal Deposit Insurance Corporation
Improvement Act of 1991 (Public Law 102-242; 105 Stat. 2282-2285).
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, as amended,
$305,000,000, of which $289,000,000 is for basic field programs and
required independent audits; $2,100,000 is for the Office of Inspector
General, of which such amounts as may be necessary may be used to
conduct additional audits of recipients; $8,900,000 is for management
and administration; and $5,000,000 is for client self-help and
information technology.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same terms
and conditions set forth in such sections, except that all references in
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead
to 1999 and 2000, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as authorized
by title II of Public Law 92-522, as amended, $1,270,000.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,000 for official reception and
representation expenses, $173,800,000 from fees collected in fiscal year
2000 to remain available until expended, and from fees collected in
fiscal year 1998, $194,000,000, to remain available until expended; of
which not to exceed $10,000 may be used toward funding a permanent
secretariat for the International Organization of Securities
Commissions; and of which not to exceed $100,000 shall be available for
expenses for consultations and meetings hosted by the Commission with
foreign governmental
[[Page 113 STAT. 1501A-50]]
and other regulatory officials, members of their delegations,
appropriate representatives and staff to exchange views concerning
developments relating to securities matters, development and
implementation of cooperation agreements concerning securities matters
and provision of technical assistance for the development of foreign
securities markets, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and foreign
invitees in attendance at such consultations and meetings including: (1)
such incidental expenses as meals taken in the course of such
attendance; (2) any travel and transportation to or from such meetings;
and (3) any other related lodging or subsistence: Provided, That fees
and charges authorized by sections 6(b)(4) of the Securities Act of 1933
(15 U.S.C. 77f(b)(4)) and 31(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78ee(d)) shall be credited to this account as offsetting
collections.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 105-135, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344, and not to exceed $3,500 for official reception and representation
expenses, $282,300,000: Provided, That the Administrator is authorized
to charge fees to cover the cost of publications developed by the Small
Business Administration, and certain loan servicing activities: Provided
further, That, notwithstanding 31 U.S.C. 3302, revenues received from
all such activities shall be credited to this account, to be available
for carrying out these purposes without further appropriations: Provided
further, That $84,500,000 shall be available to fund grants for
performance in fiscal year 2000 or fiscal year 2001 as authorized by
section 21 of the Small Business Act, as amended.
In addition, for the costs of programs related to the New Markets
Venture Capitol program, $10,500,000, of which $1,500,000 shall be for
BusinessLINC, and of which $9,000,000 shall be for technical assistance:
Provided, That the funds appropriated under this paragraph shall not be
available for obligation until the New Markets Venture Capitol program
is authorized by subsequent legislation.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended (5 U.S.C. App.), $11,000,000.
business loans program account
For the cost of guaranteed loans, $137,800,000, as authorized by 15
U.S.C. 631 note or subsequently authorized for the New Markets Venture
Capital program, of which $45,000,000 shall remain available until
September 30, 2001: Provided, That of the total provided, $6,000,000
shall be available only for the cost of guaranteed loans under the New
Markets Venture Capitol program and shall become available for
obligation only upon authorization of such program by the enactment of
subsequent legislation in
[[Page 113 STAT. 1501A-51]]
fiscal year 2000: Provided further, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
during fiscal year 2000, commitments to guarantee loans under section
503 of the Small Business Investment Act of 1958, as amended, shall not
exceed the amount of financings authorized under section 20(e)(1)(B)(ii)
of the Small Business Act, as amended: Provided further, That during
fiscal year 2000, commitments for general business loans authorized
under section 7(a) of the Small Business Act, as amended, shall not
exceed $10,000,000,000 without prior notification of the Committees on
Appropriations of the House of Representatives and Senate in accordance
with section 605 of this Act: Provided further, That during fiscal year
2000, commitments to guarantee loans under section 303(b) of the Small
Business Investment Act of 1958, as amended, shall not exceed the amount
of guarantees of debentures authorized under section 20(e)(1)(C)(ii) of
the Small Business Act, as amended.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $129,000,000, which may be transferred to and
merged with the appropriations for Salaries and Expenses.
disaster loans program account
For the cost of direct loans authorized by section 7(b) of the Small
Business Act, as amended, $140,400,000 to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended.
In addition, for administrative expenses to carry out the direct
loan program, $136,000,000, which may be transferred to and merged with
appropriations for Salaries and Expenses, of which $500,000 is for the
Office of Inspector General of the Small Business Administration for
audits and reviews of disaster loans and the disaster loan program and
shall be transferred to and merged with appropriations for the Office of
Inspector General: Provided, That any amount in excess of $20,000,000 to
be transferred to and merged with appropriations for Salaries and
Expenses for indirect administrative expenses shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
administrative provision--small business administration
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the Small Business Administration in this Act
may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
[[Page 113 STAT. 1501A-52]]
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as authorized
by the State Justice Institute Authorization Act of 1992 (Public Law
102-572; 106 Stat. 4515-4516), $6,850,000, to remain available until
expended: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 602. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such expenditures
are a matter of public record and available for public inspection,
except where otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons or
circumstances other than those as to which it is held invalid shall not
be affected thereby.
Sec. 605. (a) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in fiscal year 2000,
or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure through a
reprogramming of funds which: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been denied or
restricted; (4) relocates an office or employees; (5) reorganizes
offices, programs, or activities; or (6) contracts out or privatizes any
functions, or activities presently performed by Federal employees;
unless the Appropriations Committees of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2000, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, whichever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding for
any existing program, project, or activity, or numbers of personnel by
10 percent as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a change
[[Page 113 STAT. 1501A-53]]
in existing programs, activities, or projects as approved by Congress;
unless the Appropriations Committees of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
Sec. 606. None of the funds made available in this Act may be used
for the construction, repair (other than emergency repair), overhaul,
conversion, or modernization of vessels for the National Oceanic and
Atmospheric Administration in shipyards located outside of the United
States.
Sec. 607. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 608. None of the funds made available in this Act may be used
to implement, administer, or enforce any guidelines of the Equal
Employment Opportunity Commission covering harassment based on religion,
when it is made known to the Federal entity or official to which such
funds are made available that such guidelines do not differ in any
respect from the proposed guidelines published by the Commission on
October 1, 1993 (58 Fed. Reg. 51266).
Sec. 609. None of the funds made available by this Act may be used
for any United Nations undertaking when it is made known to the Federal
official having authority to obligate or expend such funds: (1) that the
United Nations undertaking is a peacekeeping mission; (2) that such
undertaking will involve United States Armed Forces under the command or
operational control of a foreign national; and (3) that the President's
military advisors have not submitted to the President a recommendation
that such involvement is in the national security interests of the
United States and the President has not submitted to the Congress such a
recommendation.
Sec. 610. (a) None of the funds appropriated or otherwise made
available by this Act shall be expended for any purpose for which
appropriations are prohibited by section 609 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1999.
(b) The requirements in subparagraphs (A) and (B) of section 609 of
that Act shall continue to apply during fiscal year 2000.
Sec. 611. Notwithstanding any other provision of law, not more than
20 percent of the amount allocated to any account
[[Page 113 STAT. 1501A-54]]
from an appropriation made by this Act that is available for obligation
only in the current fiscal year may be obligated during the last 2
months of the fiscal year unless the Committees on Appropriations of the
House of Representatives and the Senate are notified prior to such
obligation in accordance with section 605 of this Act: Provided, That
this section shall not apply to the obligation of funds under grant
programs.
Sec. 612. None of the funds made available in this Act shall be used
to provide the following amenities or personal comforts in the Federal
prison system--
(1) in-cell television viewing except for prisoners who are
segregated from the general prison population for their own
safety;
(2) the viewing of R, X, and NC-17 rated movies, through
whatever medium presented;
(3) any instruction (live or through broadcasts) or training
equipment for boxing, wrestling, judo, karate, or other martial
art, or any bodybuilding or weightlifting equipment of any sort;
(4) possession of in-cell coffee pots, hot plates or heating
elements; or
(5) the use or possession of any electric or electronic
musical instrument.
Sec. 613. None of the funds made available in title II for the
National Oceanic and Atmospheric Administration (NOAA) under the
headings ``Operations, Research, and Facilities'' and ``Procurement,
Acquisition and Construction'' may be used to implement sections 603,
604, and 605 of Public Law 102-567: Provided, That NOAA may develop a
modernization plan for its fisheries research vessels that takes fully
into account opportunities for contracting for fisheries surveys.
Sec. 614. Any costs incurred by a department or agency funded under
this Act resulting from personnel actions taken in response to funding
reductions included in this Act shall be absorbed within the total
budgetary resources available to such department or agency: Provided,
That the authority to transfer funds between appropriations accounts as
may be necessary to carry out this section is provided in addition to
authorities included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section.
Sec. 615. None of the funds made available in this Act to the
Federal Bureau of Prisons may be used to distribute or make available
any commercially published information or material to a prisoner when it
is made known to the Federal official having authority to obligate or
expend such funds that such information or material is sexually explicit
or features nudity.
Sec. 616. Of the funds appropriated in this Act under the heading
``Office of Justice Programs--State and Local Law Enforcement
Assistance'', not more than 90 percent of the amount to be awarded to an
entity under the Local Law Enforcement Block Grant shall be made
available to such an entity when it is made known to the Federal
official having authority to obligate or expend such funds that the
entity that employs a public safety officer (as such term is defined in
section 1204 of title I of the Omnibus
[[Page 113 STAT. 1501A-55]]
Crime Control and Safe Streets Act of 1968) does not provide such a
public safety officer who retires or is separated from service due to
injury suffered as the direct and proximate result of a personal injury
sustained in the line of duty while responding to an emergency situation
or a hot pursuit (as such terms are defined by State law) with the same
or better level of health insurance benefits at the time of retirement
or separation as they received while on duty.
Sec. 617. None of the funds provided by this Act shall be available
to promote the sale or export of tobacco or tobacco products, or to seek
the reduction or removal by any foreign country of restrictions on the
marketing of tobacco or tobacco products, except for restrictions which
are not applied equally to all tobacco or tobacco products of the same
type.
Sec. 618. (a) None of the funds appropriated or otherwise made
available by this Act shall be expended for any purpose for which
appropriations are prohibited by section 616 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1999.
(b) Subsection (a)(1) of section 616 of that Act is amended--
(1) by striking ``and'' after ``Gonzalez''; and
(2) by inserting before the semicolon at the end of the
subsection, ``, Jean-Yvon Toussaint, and Jimmy Lalanne''.
(c) The requirements in subsections (b) and (c) of section 616 of
that Act shall continue to apply during fiscal year 2000.
Sec. 619. None of the funds appropriated pursuant to this Act or any
other provision of law may be used for: (1) the implementation of any
tax or fee in connection with the implementation of 18 U.S.C. 922(t);
and (2) any system to implement 18 U.S.C. 922(t) that does not require
and result in the destruction of any identifying information submitted
by or on behalf of any person who has been determined not to be
prohibited from owning a firearm.
Sec. 620. Notwithstanding any other provision of law, amounts
deposited in the Fund established under 42 U.S.C. 10601 in fiscal year
1999 in excess of $500,000,000 shall not be available for obligation
until October 1, 2000.
Sec. 621. None of the funds appropriated by this Act shall be used
to propose or issue rules, regulations, decrees, or orders for the
purpose of implementation, or in preparation for implementation, of the
Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan
at the Third Conference of the Parties to the United Nations Framework
Convention on Climate Change, which has not been submitted to the Senate
for advice and consent to ratification pursuant to article II, section
2, clause 2, of the United States Constitution, and which has not
entered into force pursuant to article 25 of the Protocol.
Sec. 622. For an additional amount for ``Small Business
Administration, Salaries and Expenses'', $30,000,000, of which
$2,500,000 shall be available for a grant to the NTTC at Wheeling Jesuit
University to continue the outreach program to assist small business
development; $2,000,000 shall be available for a grant for Western
Carolina University to develop a facility to assist in small business
and rural economic development; $3,000,000 shall be available for a
grant to the Bronx Museum of the Arts, New York, to develop a facility;
$750,000 shall be available for a grant to Soundview Community in Action
for a technology access and
[[Page 113 STAT. 1501A-56]]
business improvement project; $2,500,000 shall be available for a grant
for the City of Hazard, Kentucky for a Center for Rural Law Enforcement
Technology and Training; $1,000,000 shall be available for a grant to
the State University of New York to develop a facility and operate the
Institute of Entrepreneurship for small business and workforce
development; $1,000,000 shall be available for a grant for Pikeville
College, School of Osteopathic Medicine for a telemedicine and medical
education network; $1,000,000 shall be available for a grant to
Operation Hope in Maywood, California for a business incubator project;
$1,900,000 shall be available for a grant to the Southern Kentucky
Tourism Development Association to develop a facility for regional
tourism promotion; $1,000,000 shall be available for a grant to the
Southern Kentucky Economic Development Corporation to support a science
and technology business loan fund; $500,000 shall be available for a
grant for the Moundsville Economic Development Council to work in
conjunction with the Office of Law Enforcement Technology
Commercialization for the establishment of the National Corrections and
Law Enforcement Training and Technology Center, and for infrastructure
improvements associated with this initiative; $8,550,000 shall be
available for a grant to Somerset Community College to develop a
facility to support workforce development and skills training; $200,000
shall be available for a grant for the Vandalia Heritage Foundation to
fulfill its charter purposes; $2,000,000 shall be available for a grant
for the Illinois Coalition to establish and operate a national
demonstration project in the DuPage County Research Park providing one-
stop access for technology startup businesses; $200,000 shall be
available for a grant to Rural Enterprises, Inc., in Durant, Oklahoma to
support a resource center for rural businesses; $500,000 shall be
available for a grant for the City of Chicago to establish and operate a
program for technology-based business growth; $500,000 shall be
available for a grant for the Illinois Department of Commerce and
Community Affairs to develop strategic plans for technology-based
business growth; $200,000 shall be available for a grant to the Long
Island Bay Shore Aquarium to develop a facility; $150,000 shall be
available for a grant to Miami-Dade Community College for an
Entrepreneurial Education Center; $300,000 shall be available for a
grant for the Western Massachusetts Enterprise Fund for a
microenterprise loan program; and $250,000 shall be available for a
grant for the Johnstown Area Regional Industries Center to develop a
small business incubator facility.
Sec. 623. (a) Northern Fund and Southern Fund.--
(1) As provided in the June 30, 1999, Agreement of the
United States and Canada on the Treaty Between the Government of
the United States and the Government of Canada Concerning
Pacific Salmon, 1985 (hereafter referred to as the ``1999
Pacific Salmon Treaty Agreement'') there are hereby established
a Northern Boundary and Transboundary Rivers Restoration and
Enhancement Fund (hereafter referred to as the ``Northern
Fund'') and a Southern Boundary Restoration and Enhancement Fund
(hereafter referred to as the ``Southern Fund'') to be held by
the Pacific Salmon Commission. The Northern Fund and Southern
Fund shall be invested in interest bearing accounts, bonds,
securities, or other investments in order to achieve the highest
annual yield consistent with protecting the principal of each
Fund. The Northern Fund and
[[Page 113 STAT. 1501A-57]]
Southern Fund shall each receive $10,000,000, of the amounts
authorized by this section. Income from investments made
pursuant to this paragraph shall be available until expended,
without appropriation or fiscal year limitation, for programs
and activities relating to salmon restoration and enhancement,
salmon research, the conservation of salmon habitat, and
implementation of the Pacific Salmon Treaty and related
agreements. Amounts provided by grants under this subsection may
be held in interest bearing accounts prior to the disbursement
of such funds for program purposes, and any interest earned may
be retained for program purposes without further appropriation.
The Northern Fund and Southern Fund are subject to the laws
governing Federal appropriations and funds and to unrestricted
circulars of the Office of Management and Budget. Recipients of
amounts from either Fund shall keep separate accounts and such
records as are reasonably necessary to disclose the use of the
funds as well as to facilitate effective audits.
(2) Fund Management.--
(A) As provided in the 1999 Pacific Salmon Treaty
Agreement, amounts made available from the Northern Fund
pursuant to paragraph (1) shall be administered by a
Northern Fund Committee, which shall be comprised of
three representatives of the Government of Canada, and
three representatives of the United States. The three
United States representatives shall be the United States
Commissioner and Alternate Commissioner appointed (or
designated) from a list submitted by the Governor of
Alaska for appointment to the Pacific Salmon Commission
and the Regional Administrator of the National Marine
Fisheries Service for the Alaska Region. Only programs
and activities consistent with the purposes in paragraph
(1) which affect the geographic area from Cape Caution,
Canada to Cape Suckling, Alaska may be approved for
funding by the Northern Fund Committee.
(B) As provided in the 1999 Pacific Salmon Treaty
Agreement, amounts made available from the Southern Fund
pursuant to paragraph (1) shall be administered by a
Southern Fund Committee, which shall be comprised of
three representatives of Canada and three
representatives of the United States. The United States
representatives shall be appointed by the Secretary of
Commerce: one shall be selected from a list of three
qualified individuals submitted by the Governors of the
States of Washington and Oregon; one shall be selected
from a list of three qualified individuals submitted by
the treaty Indian tribes (as defined by the Secretary of
Commerce); and one shall be the Regional Administrator
of the National Marine Fisheries Service for the
Northwest Region. Only programs and activities
consistent with the purposes in paragraph (1) which
affect the geographic area south of Cape Caution, Canada
may be approved for funding by the Southern Fund
Committee.
(b) Pacific Salmon Treaty Implementation.--(1) None of the funds
authorized by this section for implementation of the 1999 Pacific Salmon
Treaty Agreement shall be made available
[[Page 113 STAT. 1501A-58]]
until each of the following conditions to the 1999 Pacific Salmon Treaty
Agreement has been fulfilled--
(A) stipulations are revised and court orders requested as
set forth in the letter of understanding of the United States
negotiators dated June 22, 1999. If such orders are not
requested by December 31, 1999, this condition shall be
considered unfulfilled; and
(B) a determination is made that--
(i) the entry by the United States into the 1999
Pacific Salmon Treaty Agreement;
(ii) the conduct of the Alaskan fisheries pursuant
to the 1999 Pacific Salmon Treaty Agreement, without
further clarification or modification of the management
regimes contained therein; and
(iii) the decision by the North Pacific Fisheries
Management Council to continue to defer its management
authority over salmon to the State of Alaska are not
likely to cause jeopardy to, or adversely modify
designated critical habitat of, any salmonid species
listed under Public Law 93-205, as amended, in any
fishery subject to the Pacific Salmon Treaty.
(2) If the requests for orders in subparagraph (1)(A) are withdrawn
after December 31, 1999, or if such orders are not entered by March 1,
2000, amounts in the Northern Fund and the Southern Fund shall be
transferred to the general fund of the United States Treasury.
(3) During the term of the 1999 Pacific Salmon Treaty Agreement, the
Secretary of Commerce shall determine whether Southern United States
fisheries are likely to cause jeopardy to, or adversely modify
designated critical habitat of, any salmonid species listed under Public
Law 93-205, as amended, before the Secretary of Commerce may initiate or
reinitiate consultation on Alaska fisheries under such Act.
(4) During the term of the 1999 Pacific Salmon Treaty Agreement, the
Secretary of Commerce may not initiate or reinitiate consultation on
Alaska fisheries under section 7 of Public Law 93-205, as amended,
until--
(A) the Pacific Salmon Commission has had a reasonable
opportunity to implement the provisions of the 1999 Pacific
Salmon Treaty Agreement, including the harvest responses
pursuant to paragraph 9, chapter 3 of Annex IV to the Pacific
Salmon Treaty; and
(B) he determines, in consultation with the United States
Section of the Pacific Salmon Commission, that implementation
actions under the 1999 Agreement will not return escapements as
expeditiously as possible to maximum sustainable yield or other
biologically-based escapement objectives agreed to by the
Pacific Salmon Commission.
(5) The Secretary of Commerce shall notify the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Resources of the House of Representatives of his intent to initiate or
reinitiate consultation on Alaska fisheries.
(6)(A) For purposes of this section, ``Alaska fisheries'' means all
directed Pacific salmon fisheries off the coast of Alaska that are
subject to the Pacific Salmon Treaty.
(B) For purposes of this section, ``Southern United States
fisheries'' means all directed Pacific salmon fisheries in Washington,
[[Page 113 STAT. 1501A-59]]
Oregon, and the Snake River basin of Idaho that are subject to the
Pacific Salmon Treaty.
(c) Improved Salmon Management.--Section 3(g) of Public Law 99-5, as
amended, is amended--
(1) in paragraph (1) by striking ``The'' and inserting
``Except as provided in paragraph (2), the'';
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) A decision of the United States Section with respect to any
salmon fishery regime covered by chapter 1 or 2 (except paragraph 4 of
chapter 2) of Annex IV to the Pacific Salmon Treaty of 1985 shall be
taken upon the affirmative vote of the United States Commissioner
appointed from the list submitted by the Governor of Alaska pursuant to
subsection (a). A decision of the United States Section with respect to
any salmon fishery regime covered by chapter 4, 5 (except paragraph 2(b)
of chapter 5), or 6 of the Pacific Salmon Treaty of 1985 shall be taken
upon the affirmative vote of both the United States Commissioner
appointed from the list submitted by the Governors of Washington and
Oregon pursuant to subsection (a) and the United States Commissioner
appointed from the list submitted by the treaty Indian tribes of the
State of Idaho, Oregon, or Washington pursuant to subsection (a). Before
a decision of the United States Section is made under this paragraph,
the voting Commissioner or Commissioners shall consult with the
Commissioner who is an official of the United States Government under
subsection (a)''; and
(3) by renumbering the existing paragraphs.
(d) Authorization of Appropriations.--
(1) For capitalizing the Northern Fund and the Southern
Fund, there is authorized to be appropriated in fiscal year
2000, $20,000,000.
(2) For salmon habitat restoration, salmon stock
enhancement, salmon research, and implementation of the 1999
Pacific Salmon Treaty Agreement and related agreements, there is
authorized to be appropriated in fiscal year 2000, $50,000,000
to the States of California, Oregon, Washington, and Alaska. The
State of Alaska may allocate a portion of any funds it receives
under this subsection to eligible activities outside Alaska.
(3) For salmon habitat restoration, salmon stock
enhancement, salmon research, and implementation of the 1999
Pacific Salmon Treaty Agreement and related agreements, there is
authorized to be appropriated $6,000,000 in fiscal year 2000 to
the Pacific Coastal tribes (as defined by the Secretary of
Commerce) and $2,000,000 in fiscal year 2000 to the Columbia
River tribes (as defined by the Secretary of Commerce).
Funds appropriated to the States under the authority of this section
shall be subject to a 25 percent non-Federal match requirement. In
addition, not more than 3 percent of such funds shall be available for
administrative expenses, with the exception of funds used in the
Washington State for the Forest and Fish Agreement.
Sec. 624. Funds made available under Public Law 105-277 for costs
associated with implementation of the American Fisheries Act of 1998
(division C, title II, of Public Law 105-277) for vessel documentation
activities shall remain available until expended.
Sec. 625. Effective as of October 1, 1999, section 635 of Public Law
106-58 is amended--
[[Page 113 STAT. 1501A-60]]
(1) in subsection (b)(2), by inserting ``the carrier for''
after ``if''; and
(2) in subsection (c), by inserting ``or otherwise provide
for'' after ``to prescribe''.
Sec. 626. None of the funds made available to the Department of
Justice in this Act may be used to discriminate against or denigrate the
religious or moral beliefs of students who participate in programs for
which financial assistance is provided from those funds, or of the
parents or legal guardians of such students.
Sec. 627. None of the funds appropriated in this Act shall be
available for the purpose of granting either immigrant or nonimmigrant
visas, or both, consistent with the Secretary's determination under
section 243(d) of the Immigration and Nationality Act, to citizens,
subjects, nationals, or residents of countries that the Attorney General
has determined deny or unreasonably delay accepting the return of
citizens, subjects, nationals, or residents under that section.
Sec. 628. None of the funds made available to the Department of
Justice in this Act may be used for the purpose of transporting an
individual who is a prisoner pursuant to conviction for crime under
State or Federal law and is classified as a maximum or high security
prisoner, other than to a prison or other facility certified by the
Federal Bureau of Prisons as appropriately secure for housing such a
prisoner.
Sec. 629. Beginning 60 days from the date of the enactment of this
Act, none of the funds appropriated or otherwise made available by this
Act may be made available for the participation by delegates of the
United States to the Standing Consultative Commission unless the
President certifies and so reports to the Committees on Appropriations
that the United States Government is not implementing the Memorandum of
Understanding Relating to the Treaty Between the United States of
America and the Union of Soviet Socialist Republics on the limitation of
Anti-Ballistic Missile Systems of May 26, 1972, entered into in New York
on September 26, 1997, by the United States, Russia, Kazakhstan,
Belarus, and Ukraine, or until the Senate provides its advice and
consent to the Memorandum of Understanding.
Sec. 630. None of the funds made available in this Act may be used
for any activity in support of adding or maintaining any World Heritage
Site in the United States on the List of World Heritage in Danger as
maintained under the Convention Concerning the Protection of the World
Cultural and Natural Heritage.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
drug diversion control fee account
(rescission)
Amounts otherwise available for obligation in fiscal year 2000 for
the Drug Diversion Control Fee Account are reduced by $35,000,000.
[[Page 113 STAT. 1501A-61]]
Immigration and Naturalization Service
immigration emergency fund
(rescission)
Of the unobligated balances available under this heading, $1,137,000
are rescinded.
DEPARTMENT OF STATE AND RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
(rescission)
Of the unobligated balances available under this heading,
$15,516,000 are rescinded.
RELATED AGENCIES
Small Business Administration
business loans program account
(rescission)
Of the unobligated balances available under this heading,
$13,100,000 are rescinded.
This Act may be cited as the ``Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 2000''.
[[Page 113 STAT. 1501A-63]]
APPENDIX B--H.R. 3422
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2000, and for other purposes, namely:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
export-import bank of the united states
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 104 of the Government Corporation
Control Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act that has detonated a nuclear
explosive after the date of the enactment of this Act.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, $759,000,000 to remain available until September 30,
2003: Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That such sums shall remain available
until September 30, 2018 for the disbursement of direct loans, loan
guarantees, insurance and tied-aid grants obligated in fiscal years
2000, 2001, 2002, and 2003: Provided further, That none of the funds
appropriated by this Act or any prior Act appropriating funds for
foreign operations, export financing, or related programs for tied-aid
credits or grants may be used for any other purpose except through the
regular notification procedures of the Committees on Appropriations:
Provided further, That funds appropriated by this paragraph are made
available notwithstanding section 2(b)(2) of the Export Import Bank Act
of 1945, in connection with the purchase or lease of any product by any
East European country, any Baltic State or any agency or national
thereof.
[[Page 113 STAT. 1501A-64]]
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs (to be computed on an accrual basis),
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109, and not to exceed $25,000 for official reception and
representation expenses for members of the Board of Directors,
$55,000,000: Provided, That necessary expenses (including special
services performed on a contract or fee basis, but not including other
personal services) in connection with the collection of moneys owed the
Export-Import Bank, repossession or sale of pledged collateral or other
assets acquired by the Export-Import Bank in satisfaction of moneys owed
the Export-Import Bank, or the investigation or appraisal of any
property, or the evaluation of the legal or technical aspects of any
transaction for which an application for a loan, guarantee or insurance
commitment has been made, shall be considered nonadministrative expenses
for the purposes of this heading: Provided further, That,
notwithstanding subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) thereof shall remain in effect until October
1, 2000.
overseas private investment corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to carry
out the credit and insurance programs (including an amount for official
reception and representation expenses which shall not exceed $35,000)
shall not exceed $35,000,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred in
claims settlements, and other direct costs associated with services
provided to specific investors or potential investors pursuant to
section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $24,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961 to be
derived by transfer from the Overseas Private Investment Corporation
noncredit account: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums shall
be available for direct loan obligations and loan guaranty commitments
incurred or made during fiscal years 2000 and 2001: Provided further,
That such sums shall remain available through fiscal year 2008 for the
disbursement of direct and guaranteed loans obligated in fiscal year
2000, and through fiscal year 2009 for the disbursement of direct and
guaranteed loans obligated in fiscal year 2001: Provided further, That
in addition, such sums as may be necessary for administrative expenses
to carry out the credit program may be derived from amounts
[[Page 113 STAT. 1501A-65]]
available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation
Noncredit Account and merged with said account: Provided further, That
funds made available under this heading or in prior appropriations Acts
that are available for the cost of financing under section 234 of the
Foreign Assistance Act of 1961, shall be available for purposes of
section 234(g) of such Act, to remain available until expended.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of section 661 of
the Foreign Assistance Act of 1961, $44,000,000, to remain available
until September 30, 2001: Provided, That the Trade and Development
Agency may receive reimbursements from corporations and other entities
for the costs of grants for feasibility studies and other project
planning services, to be deposited as an offsetting collection to this
account and to be available for obligation until September 30, 2001, for
necessary expenses under this paragraph: Provided further, That such
reimbursements shall not cover, or be allocated against, direct or
indirect administrative costs of the agency.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, to remain available until September 30, 2000, unless otherwise
specified herein, as follows:
agency for international development
child survival and disease programs fund
For necessary expenses to carry out the provisions of chapters 1 and
10 of part I of the Foreign Assistance Act of 1961, for child survival,
basic education, assistance to combat tropical and other diseases, and
related activities, in addition to funds otherwise available for such
purposes, $715,000,000, to remain available until expended: Provided,
That this amount shall be made available for such activities as: (1)
immunization programs; (2) oral rehydration programs; (3) health and
nutrition programs, and related education programs, which address the
needs of mothers and children; (4) water and sanitation programs; (5)
assistance for displaced and orphaned children; (6) programs for the
prevention, treatment, and control of, and research on, tuberculosis,
HIV/AIDS, polio, malaria and other diseases; and (7) up to $98,000,000
for basic education programs for children: Provided further, That none
of the funds appropriated under this heading may be made available for
nonproject assistance for health and child survival programs, except
that funds may be made available for such assistance for ongoing health
programs: Provided further, That $35,000,000 shall be available only for
the HIV/AIDS programs requested under this heading in House Document
106-101.
[[Page 113 STAT. 1501A-66]]
development assistance
(including transfer of funds)
For necessary expenses to carry out the provisions of sections 103
through 106, and chapter 10 of part I of the Foreign Assistance Act of
1961, title V of the International Security and Development Cooperation
Act of 1980 (Public Law 96-533) and the provisions of section 401 of the
Foreign Assistance Act of 1969, $1,228,000,000, to remain available
until September 30, 2001: Provided, That of the amount appropriated
under this heading, up to $5,000,000 may be made available for and
apportioned directly to the Inter-American Foundation: Provided further,
That of the amount appropriated under this heading, up to $14,400,000
may be made available for the African Development Foundation and shall
be apportioned directly to that agency: Provided further, That none of
the funds made available in this Act nor any unobligated balances from
prior appropriations may be made available to any organization or
program which, as determined by the President of the United States,
supports or participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That none of
the funds made available under this heading may be used to pay for the
performance of abortion as a method of family planning or to motivate or
coerce any person to practice abortions; and that in order to reduce
reliance on abortion in developing nations, funds shall be available
only to voluntary family planning projects which offer, either directly
or through referral to, or information about access to, a broad range of
family planning methods and services, and that any such voluntary family
planning project shall meet the following requirements: (1) service
providers or referral agents in the project shall not implement or be
subject to quotas, or other numerical targets, of total number of
births, number of family planning acceptors, or acceptors of a
particular method of family planning (this provision shall not be
construed to include the use of quantitative estimates or indicators for
budgeting and planning purposes); (2) the project shall not include
payment of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning acceptor; or
(B) program personnel for achieving a numerical target or quota of total
number of births, number of family planning acceptors, or acceptors of a
particular method of family planning; (3) the project shall not deny any
right or benefit, including the right of access to participate in any
program of general welfare or the right of access to health care, as a
consequence of any individual's decision not to accept family planning
services; (4) the project shall provide family planning acceptors
comprehensible information on the health benefits and risks of the
method chosen, including those conditions that might render the use of
the method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project shall ensure
that experimental contraceptive drugs and devices and medical procedures
are provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the Administrator of the United
States Agency for International Development determines that there has
been a violation of the requirements contained in paragraph (1), (2),
(3), or (5) of this proviso, or a pattern or practice of violations of
the requirements contained in paragraph
[[Page 113 STAT. 1501A-67]]
(4) of this proviso, the Administrator shall submit to the Committee on
International Relations and the Committee on Appropriations of the House
of Representatives and to the Committee on Foreign Relations and the
Committee on Appropriations of the Senate, a report containing a
description of such violation and the corrective action taken by the
Agency: Provided further, That in awarding grants for natural family
planning under section 104 of the Foreign Assistance Act of 1961 no
applicant shall be discriminated against because of such applicant's
religious or conscientious commitment to offer only natural family
planning; and, additionally, all such applicants shall comply with the
requirements of the previous proviso: Provided further, That for
purposes of this or any other Act authorizing or appropriating funds for
foreign operations, export financing, and related programs, the term
``motivate'', as it relates to family planning assistance, shall not be
construed to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options: Provided further,
That nothing in this paragraph shall be construed to alter any existing
statutory prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided further, That, notwithstanding section
109 of the Foreign Assistance Act of 1961, of the funds appropriated
under this heading in this Act, and of the unobligated balances of funds
previously appropriated under this heading, $2,500,000 may be
transferred to ``International Organizations and Programs'' for a
contribution to the International Fund for Agricultural Development
(IFAD): Provided further, That none of the funds appropriated under this
heading may be made available for any activity which is in contravention
to the Convention on International Trade in Endangered Species of Flora
and Fauna (CITES): Provided further, That of the funds appropriated
under this heading that are made available for assistance programs for
displaced and orphaned children and victims of war, not to exceed
$25,000, in addition to funds otherwise available for such purposes, may
be used to monitor and provide oversight of such programs: Provided
further, That of the funds appropriated under this heading not less than
$500,000 should be made available for support of the United States
Telecommunications Training Institute: Provided further, That, of the
funds appropriated by this Act for the Microenterprise Initiative
(including any local currencies made available for the purposes of the
Initiative), not less than one-half should be made available for
programs providing loans of less than $300 to very poor people,
particularly women, or for institutional support of organizations
primarily engaged in making such loans.
cyprus
Of the funds appropriated under the headings ``Development
Assistance'' and ``Economic Support Fund'', not less than $15,000,000
shall be made available for Cyprus to be used only for scholarships,
administrative support of the scholarship program, bicommunal projects,
and measures aimed at reunification of the island and designed to reduce
tensions and promote peace and cooperation between the two communities
on Cyprus.
lebanon
Of the funds appropriated under the headings ``Development
Assistance'' and ``Economic Support Fund'', not less than
[[Page 113 STAT. 1501A-68]]
$15,000,000 should be made available for Lebanon to be used, among other
programs, for scholarships and direct support of the American
educational institutions in Lebanon.
burma
Of the funds appropriated under the headings ``Economic Support
Fund'', ``Child Survival and Disease Programs Fund'' and ``Development
Assistance'', not less than $6,500,000 shall be made available to
support democracy activities in Burma, democracy and humanitarian
activities along the Burma-Thailand border, and for Burmese student
groups and other organizations located outside Burma: Provided, That
funds made available for Burma-related activities under this heading may
be made available notwithstanding any other provision of law: Provided
further, That the provision of such funds shall be made available
subject to the regular notification procedures of the Committees on
Appropriations.
private and voluntary organizations
None of the funds appropriated or otherwise made available by this
Act for development assistance may be made available to any United
States private and voluntary organization, except any cooperative
development organization, which obtains less than 20 percent of its
total annual funding for international activities from sources other
than the United States Government: Provided, That the Administrator of
the Agency for International Development may, on a case-by-case basis,
waive the restriction contained in this paragraph, after taking into
account the effectiveness of the overseas development activities of the
organization, its level of volunteer support, its financial viability
and stability, and the degree of its dependence for its financial
support on the agency.
Funds appropriated or otherwise made available under title II of
this Act should be made available to private and voluntary organizations
at a level which is at least equivalent to the level provided in fiscal
year 1995.
international disaster assistance
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to section 491 of
the Foreign Assistance Act of 1961, as amended, $202,880,000, to remain
available until expended: Provided, That the Agency for International
Development shall submit a report to the Committees on Appropriations at
least 5 days prior to providing assistance through the Office of
Transition Initiatives for a country that did not receive such
assistance in fiscal year 1999.
micro and small enterprise development program account
For the cost of direct loans and loan guarantees, $1,500,000, as
authorized by section 108 of the Foreign Assistance Act of 1961, as
amended: Provided, That such costs shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That guarantees
of loans made under this heading in support of microenterprise
activities may guarantee up to 70 percent of the principal amount of any
such loans notwithstanding section
[[Page 113 STAT. 1501A-69]]
108 of the Foreign Assistance Act of 1961. In addition, for
administrative expenses to carry out programs under this heading,
$500,000, all of which may be transferred to and merged with the
appropriation for Operating Expenses of the Agency for International
Development: Provided further, That funds made available under this
heading shall remain available until September 30, 2001.
urban and environmental credit program account
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of guaranteed loans authorized by sections 221 and 222 of
the Foreign Assistance Act of 1961, $1,500,000, to remain available
until expended: Provided, That these funds are available to subsidize
loan principal, 100 percent of which shall be guaranteed, pursuant to
the authority of such sections. In addition, for administrative expenses
to carry out guaranteed loan programs, $5,000,000, all of which may be
transferred to and merged with the appropriation for Operating Expenses
of the Agency for International Development: Provided further, That
commitments to guarantee loans under this heading may be entered into
notwithstanding the second and third sentences of section 222(a) of the
Foreign Assistance Act of 1961.
development credit authority program account
For the cost of direct loans and loan guarantees, up to $3,000,000
to be derived by transfer from funds appropriated by this Act to carry
out part I of the Foreign Assistance Act of 1961, as amended, and funds
appropriated by this Act under the heading, ``assistance for eastern
europe and the baltic states'', to remain available until expended, as
authorized by section 635 of the Foreign Assistance Act of 1961:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That for administrative expenses to carry out
the direct and guaranteed loan programs, up to $500,000 of this amount
may be transferred to and merged with the appropriation for ``Operating
Expenses of the Agency for International Development'': Provided
further, That the provisions of section 107A(d) (relating to general
provisions applicable to the Development Credit Authority) of the
Foreign Assistance Act of 1961, as contained in section 306 of H.R. 1486
as reported by the House Committee on International Relations on May 9,
1997, shall be applicable to direct loans and loan guarantees provided
under this heading.
payment to the foreign service retirement and disability fund
For payment to the ``Foreign Service Retirement and Disability
Fund'', as authorized by the Foreign Service Act of 1980, $43,837,000.
operating expenses of the agency for international development
For necessary expenses to carry out the provisions of section 667,
$520,000,000: Provided, That, none of the funds appropriated
[[Page 113 STAT. 1501A-70]]
under this heading may be made available to finance the construction
(including architect and engineering services), purchase, or long term
lease of offices for use by the Agency for International Development,
unless the Administrator has identified such proposed construction
(including architect and engineering services), purchase, or long term
lease of offices in a report submitted to the Committees on
Appropriations at least 15 days prior to the obligation of these funds
for such purposes: Provided further, That the previous proviso shall not
apply where the total cost of construction (including architect and
engineering services), purchase, or long term lease of offices does not
exceed $1,000,000.
operating expenses of the agency for international development office of
inspector general
For necessary expenses to carry out the provisions of section 667,
$25,000,000, to remain available until September 30, 2001, which sum
shall be available for the Office of the Inspector General of the Agency
for International Development.
Other Bilateral Economic Assistance
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II, $2,345,500,000, to remain available until September 30, 2001:
Provided, That of the funds appropriated under this heading, not less
than $960,000,000 shall be available only for Israel, which sum shall be
available on a grant basis as a cash transfer and shall be disbursed
within 30 days of the enactment of this Act or by October 31, 1999,
whichever is later: Provided further, That not less than $735,000,000
shall be available only for Egypt, which sum shall be provided on a
grant basis, and of which sum cash transfer assistance shall be provided
with the understanding that Egypt will undertake significant economic
reforms which are additional to those which were undertaken in previous
fiscal years, and of which not less than $200,000,000 shall be provided
as Commodity Import Program assistance: Provided further, That in
exercising the authority to provide cash transfer assistance for Israel,
the President shall ensure that the level of such assistance does not
cause an adverse impact on the total level of nonmilitary exports from
the United States to such country and that Israel enters into a side
letter agreement at least equivalent to the fiscal year 1999 agreement:
Provided further, That of the funds appropriated under this heading, not
less than $150,000,000 should be made available for assistance for
Jordan: Provided further, That of the funds appropriated under this
heading, not less than $25,000,000 should be made available for
assistance for East Timor: Provided further, That notwithstanding any
other provision of law, not to exceed $11,000,000 may be used to support
victims of and programs related to the Holocaust: Provided further, That
notwithstanding any other provision of law, of the funds appropriated
under this heading, $1,000,000 shall be made available to
nongovernmental organizations located outside of the People's Republic
of China to support activities which preserve cultural traditions and
promote sustainable development and environmental conservation in
Tibetan communities in that country.
[[Page 113 STAT. 1501A-71]]
international fund for ireland
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $19,600,000, which shall
be available for the United States contribution to the International
Fund for Ireland and shall be made available in accordance with the
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
99-415): Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That funds made available under this heading shall
remain available until September 30, 2001.
assistance for eastern europe and the baltic states
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 and the Support for East European
Democracy (SEED) Act of 1989, $535,000,000, to remain available until
September 30, 2001, which shall be available, notwithstanding any other
provision of law, for assistance and for related programs for Eastern
Europe and the Baltic States: Provided, That of the funds appropriated
under this heading not less than $150,000,000 should be made available
for assistance for Kosova: Provided further, That of the funds made
available under this heading and the headings ``International Narcotics
Control and Law Enforcement'' and ``Economic Support Fund'', not to
exceed $130,000,000 shall be made available for Bosnia and Herzegovina:
Provided further, That none of the funds made available under this
heading for Kosova shall be made available until the Secretary of State
certifies that the resources pledged by the United States at the
upcoming Kosova donors conference shall not exceed 15 percent of the
total resources pledged by all donors: Provided further, That none of
the funds made available under this heading for Kosova shall be made
available for large scale physical infrastructure reconstruction.
(b) Funds appropriated under this heading or in prior appropriations
Acts that are or have been made available for an Enterprise Fund may be
deposited by such Fund in interest-bearing accounts prior to the Fund's
disbursement of such funds for program purposes. The Fund may retain for
such program purposes any interest earned on such deposits without
returning such interest to the Treasury of the United States and without
further appropriation by the Congress. Funds made available for
Enterprise Funds shall be expended at the minimum rate necessary to make
timely payment for projects and activities.
(c) Funds appropriated under this heading shall be considered to be
economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities contained in
that Act for the use of economic assistance.
(d) None of the funds appropriated under this heading may be made
available for new housing construction or repair or reconstruction of
existing housing in Bosnia and Herzegovina unless directly related to
the efforts of United States troops to promote peace in said country.
(e) With regard to funds appropriated under this heading for the
economic revitalization program in Bosnia and Herzegovina, and local
currencies generated by such funds (including the conversion of funds
appropriated under this heading into currency used
[[Page 113 STAT. 1501A-72]]
by Bosnia and Herzegovina as local currency and local currency returned
or repaid under such program) the Administrator of the Agency for
International Development shall provide written approval for grants and
loans prior to the obligation and expenditure of funds for such
purposes, and prior to the use of funds that have been returned or
repaid to any lending facility or grantee.
(f ) The provisions of section 532 of this Act shall apply to funds
made available under subsection (e) and to funds appropriated under this
heading.
(g) The President is authorized to withhold funds appropriated under
this heading made available for economic revitalization programs in
Bosnia and Herzegovina, if he determines and certifies to the Committees
on Appropriations that the Federation of Bosnia and Herzegovina has not
complied with article III of annex 1-A of the General Framework
Agreement for Peace in Bosnia and Herzegovina concerning the withdrawal
of foreign forces, and that intelligence cooperation on training,
investigations, and related activities between Iranian officials and
Bosnian officials has not been terminated.
assistance for the independent states of the former soviet union
(a) For necessary expenses to carry out the provisions of chapter 11
of part I of the Foreign Assistance Act of 1961 and the FREEDOM Support
Act, for assistance for the Independent States of the former Soviet
Union and for related programs, $839,000,000, to remain available until
September 30, 2001: Provided, That the provisions of such chapter shall
apply to funds appropriated by this paragraph: Provided further, That
such sums as may be necessary may be transferred to the Export-Import
Bank of the United States for the cost of any financing under the
Export-Import Bank Act of 1945 for activities for the Independent
States: Provided further, That of the funds made available for the
Southern Caucasus region, 15 percent should be used for confidence-
building measures and other activities in furtherance of the peaceful
resolution of the regional conflicts, especially those in the vicinity
of Abkhazia and Nagorno-Karabagh: Provided further, That of the amounts
appropriated under this heading not less than $20,000,000 shall be made
available solely for the Russian Far East: Provided further, That of the
funds made available under this heading $10,000,000 shall be made
available for salaries and expenses to carry out the Russian Leadership
Program enacted on May 21, 1999 (113 Stat. 93 et seq.).
(b) Of the funds appropriated under this heading, not less than
$180,000,000 should be made available for assistance for Ukraine.
(c) Of the funds appropriated under this heading, not less than
12.92 percent shall be made available for assistance for Georgia.
(d) Of the funds appropriated under this heading, not less than 12.2
percent shall be made available for assistance for Armenia.
(e) Section 907 of the FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201;
[[Page 113 STAT. 1501A-73]]
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his or
her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
(f ) Of the funds made available under this heading for nuclear
safety activities, not to exceed 9 percent of the funds provided for any
single project may be used to pay for management costs incurred by a
United States national lab in administering said project.
(g) Not more than 25 percent of the funds appropriated under this
heading may be made available for assistance for any country in the
region. Activities authorized under title V (nonproliferation and
disarmament programs and activities) of the FREEDOM Support Act shall
not be counted against the 25 percent limitation.
(h) Of the funds appropriated under title II of this Act not less
than $12,000,000 should be made available for assistance for Mongolia of
which not less than $6,000,000 should be made available from funds
appropriated under this heading: Provided, That funds made available for
assistance for Mongolia may be made available in accordance with the
purposes and utilizing the authorities provided in chapter 11 of part I
of the Foreign Assistance Act of 1961.
(i)(1) Of the funds appropriated under this heading that are
allocated for assistance for the Government of the Russian Federation,
50 percent shall be withheld from obligation until the President
determines and certifies in writing to the Committees on Appropriations
that the Government of the Russian Federation has terminated
implementation of arrangements to provide Iran with technical expertise,
training, technology, or equipment necessary to develop a nuclear
reactor, related nuclear research facilities or programs, or ballistic
missile capability.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases and child
survival activities; and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM Support
Act.
( j) None of the funds appropriated under this heading may be made
available for the Government of the Russian Federation, until the
Secretary of State certifies to the Committees on Appropriations that:
(1) Russian armed and peacekeeping forces deployed in Kosova have not
established a separate sector of operational control; and (2) any
Russian armed forces deployed in Kosova are operating under NATO unified
command and control arrangements.
(k) Of the funds appropriated under this title, not less than
$14,700,000 shall be made available for maternal and neo-natal health
activities in the independent states of the former Soviet
[[Page 113 STAT. 1501A-74]]
Union, of which at least 60 percent should be made available for the
preventive care and treatment of mothers and infants in Russia.
Independent Agency
peace corps
For necessary expenses to carry out the provisions of the Peace
Corps Act (75 Stat. 612), $245,000,000, including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for use
outside of the United States: Provided, That none of the funds
appropriated under this heading shall be used to pay for abortions:
Provided further, That funds appropriated under this heading shall
remain available until September 30, 2001.
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $305,000,000, of which $21,000,000 shall become
available for obligation on September 30, 2000, and remain available
until expended: Provided, That of this amount not less than $10,000,000
should be made available for Law Enforcement Training and Demand
Reduction: Provided further, That any funds made available under this
heading for anti-crime programs and activities shall be made available
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That during fiscal year 2000, the
Department of State may also use the authority of section 608 of the
Foreign Assistance Act of 1961, without regard to its restrictions, to
receive excess property from an agency of the United States Government
for the purpose of providing it to a foreign country under chapter 8 of
part I of that Act subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That in addition to any
funds previously made available to establish and operate the
International Law Enforcement Academy for the Western Hemisphere, not
less than $5,000,000 shall be made available to establish and operate
the International Law Enforcement Academy for the Western Hemisphere at
the deBremmond Training Center in Roswell, New Mexico.
migration and refugee assistance
For expenses, not otherwise provided for, necessary to enable the
Secretary of State to provide, as authorized by law, a contribution to
the International Committee of the Red Cross, assistance to refugees,
including contributions to the International Organization for Migration
and the United Nations High Commissioner for Refugees, and other
activities to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title 5,
United States Code; purchase and hire of passenger motor vehicles; and
services as authorized by section 3109 of title 5, United States Code,
$625,000,000, of which $21,000,000 shall become available for obligation
on September 30, 2000, and remain available until
[[Page 113 STAT. 1501A-75]]
expended: Provided, That not more than $13,800,000 shall be available
for administrative expenses: Provided further, That not less than
$60,000,000 shall be made available for refugees from the former Soviet
Union and Eastern Europe and other refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 260(c)), $12,500,000, to remain available until expended:
Provided, That the funds made available under this heading are
appropriated notwithstanding the provisions contained in section 2(c)(2)
of the Act which would limit the amount of funds which could be
appropriated for this purpose.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism and
related programs and activities, $216,600,000, to carry out the
provisions of chapter 8 of part II of the Foreign Assistance Act of 1961
for anti-terrorism assistance, section 504 of the FREEDOM Support Act
for the Nonproliferation and Disarmament Fund, section 23 of the Arms
Export Control Act or the Foreign Assistance Act of 1961 for demining
activities, the clearance of unexploded ordnance, and related
activities, notwithstanding any other provision of law, including
activities implemented through nongovernmental and international
organizations, section 301 of the Foreign Assistance Act of 1961 for a
voluntary contribution to the International Atomic Energy Agency (IAEA)
and a voluntary contribution to the Korean Peninsula Energy Development
Organization (KEDO), and for a United States contribution to the
Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided,
That the Secretary of State shall inform the Committees on
Appropriations at least 20 days prior to the obligation of funds for the
Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided
further, That of this amount not to exceed $15,000,000, to remain
available until expended, may be made available for the Nonproliferation
and Disarmament Fund, notwithstanding any other provision of law, to
promote bilateral and multilateral activities relating to
nonproliferation and disarmament: Provided further, That such funds may
also be used for such countries other than the Independent States of the
former Soviet Union and international organizations when it is in the
national security interest of the United States to do so: Provided
further, That such funds shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
funds appropriated under this heading may be made available for the
International Atomic Energy Agency only if the Secretary of State
determines (and so reports to the Congress) that Israel is not being
denied its right to participate in the activities of that Agency:
Provided further, That of the funds appropriated under this heading,
$40,000,000 should be made available for demining, clearance of
unexploded ordnance, and related activities: Provided further, That of
the funds made available for demining and related activities, not to
exceed $500,000, in addition to funds otherwise available for such
purposes,
[[Page 113 STAT. 1501A-76]]
may be used for administrative expenses related to the operation and
management of the demining program.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129 of
the Foreign Assistance Act of 1961 (relating to international affairs
technical assistance activities), $1,500,000, to remain available until
expended, which shall be available nowithstanding and other provision of
law.
debt restructuring
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of modifying loans and loan guarantees, as the President
may determine, for which funds have been appropriated or otherwise made
available for programs within the International Affairs Budget Function
150, including the cost of selling, reducing, or canceling amounts owed
to the United States as a result of concessional loans made to eligible
countries, pursuant to parts IV and V of the Foreign Assistance Act of
1961 (including up to $1,000,000 for necessary expenses for the
administration of activities carried out under these parts), and of
modifying concessional credit agreements with least developed countries,
as authorized under section 411 of the Agricultural Trade Development
and Assistance Act of 1954, as amended, and concessional loans,
guarantees and credit agreements, as authorized under section 572 of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1989 (Public Law 100-461), $123,000,000, to remain
available until expended: Provided, That of this amount, not less than
$13,000,000 shall be made available to carry out the provisions of part
V of the Foreign Assistance Act of 1961: Provided, That any limitation
of subsection (e) of section 411 of the Agricultural Trade Development
and Assistance Act of 1954 shall not apply to funds appropriated
hereunder or previously appropriated under this heading: Provided
further, That the authority provided by section 572 of Public Law 100-
461 may be exercised only with respect to countries that are eligible to
borrow from the International Development Association, but not from the
International Bank for Reconstruction and Development, commonly referred
to as ``IDA-only'' countries.
united states community adjustment and investment program
For the United States Community Adjustment and Investment Program
authorized by section 543 of the North American Free Trade Agreement
Implementation Act, $10,000,000, to remain available until September 30,
2001: Provided, That the Secretary may transfer such funds to the North
American Development Bank and/or to one or more Federal agencies for the
purpose of enabling the Bank or such Federal agencies to assist in
carrying out the program by providing technical assistance, grants,
loans, loan guarantees, and other financial subsidies endorsed by the
interagency finance committee established by section 7 of Executive
Order No. 12916: Provided further, That no portion of such funds may be
transferred to the Bank unless the Secretary shall have
[[Page 113 STAT. 1501A-77]]
first entered into an agreement with the Bank that provides that any
such funds may not be used for the Bank's administrative expenses:
Provided further, That any funds transferred to the Bank under this
heading will be in addition to the 10 percent of the paid-in capital
paid to the Bank by the United States referred to in section 543 of the
Act: Provided further, That any funds transferred to any Federal agency
under this heading will be in addition to amounts otherwise provided to
such agency: Provided further, That any funds transferred to an agency
under this heading shall be subject to the same terms and conditions as
the account to which transferred.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541 of
the Foreign Assistance Act of 1961, $50,000,000, of which up to
$1,000,000 may remain available until expended: Provided, That the
civilian personnel for whom military education and training may be
provided under this heading may include civilians who are not members of
a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for
human rights: Provided further, That funds appropriated under this
heading for grant financed military education and training for Indonesia
and Guatemala may only be available for expanded international military
education and training and funds made available for Guatemala may only
be provided through the regular notification procedures of the
Committees on Appropriations: Provided further, That none of the funds
appropriated under this heading may be made available to support grant
financed military education and training at the School of the Americas
unless the Secretary of Defense certifies that the instruction and
training provided by the School of the Americas is fully consistent with
training and doctrine, particularly with respect to the observance of
human rights, provided by the Department of Defense to United States
military students at Department of Defense institutions whose primary
purpose is to train United States military personnel: Provided further,
That the Secretary of Defense shall submit to the Committees on
Appropriations, no later than January 15, 2000, a report detailing the
training activities of the School of the Americas and a general
assessment regarding the performance of its graduates during 1997 and
1998.
foreign military financing program
For expenses necessary for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$3,420,000,000: Provided, That of the funds appropriated under this
heading, not less than $1,920,000,000 shall be available for grants only
for Israel, and not less than $1,300,000,000 shall be made available for
grants only for Egypt: Provided further, That the funds appropriated by
this paragraph for Israel shall be disbursed within 30 days of the
enactment of this Act or by October 31, 1999, whichever is later:
Provided further, That to the extent that the Government of Israel
requests that funds be used for
[[Page 113 STAT. 1501A-78]]
such purposes, grants made available for Israel by this paragraph shall,
as agreed by Israel and the United States, be available for advanced
weapons systems, of which not less than 26.3 percent shall be available
for the procurement in Israel of defense articles and defense services,
including research and development: Provided further, That of the funds
appropriated by this paragraph, not less than $75,000,000 should be
available for assistance for Jordan: Provided further, That of the funds
appropriated by this paragraph, not less than $7,000,000 shall be made
available for assistance for Tunisia: Provided further, That during
fiscal year 2000, the President is authorized to, and shall, direct the
draw-downs of defense articles from the stocks of the Department of
Defense, defense services of the Department of Defense, and military
education and training of an aggregate value of not less than $4,000,000
under the authority of this proviso for Tunisia for the purposes of part
II of the Foreign Assistance Act of 1961 and any amount so directed
shall count toward meeting the earmark in the preceding proviso:
Provided further, That of the funds appropriated by this paragraph up to
$1,000,000 should be made available for assistance for Ecuador and shall
be subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated by this
paragraph shall be nonrepayable notwithstanding any requirement in
section 23 of the Arms Export Control Act: Provided further, That funds
made available under this paragraph shall be obligated upon
apportionment in accordance with paragraph (5)(C) of title 31, United
States Code, section 1501(a).
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurements has first signed an
agreement with the United States Government specifying the conditions
under which such procurements may be financed with such funds: Provided,
That all country and funding level increases in allocations shall be
submitted through the regular notification procedures of section 515 of
this Act: Provided further, That none of the funds appropriated under
this heading shall be available for assistance for Sudan and Liberia:
Provided further, That funds made available under this heading may be
used, notwithstanding any other provision of law, for demining, the
clearance of unexploded ordnance, and related activities, and may
include activities implemented through nongovernmental and international
organizations: Provided further, That none of the funds appropriated
under this heading shall be available for assistance for Guatemala:
Provided further, That only those countries for which assistance was
justified for the ``Foreign Military Sales Financing Program'' in the
fiscal year 1989 congressional presentation for security assistance
programs may utilize funds made available under this heading for
procurement of defense articles, defense services or design and
construction services that are not sold by the United States Government
under the Arms Export Control Act: Provided further, That funds
appropriated under this heading shall be expended at the minimum rate
necessary to make timely payment for defense articles and services:
Provided further, That not more than $30,495,000 of the funds
appropriated under this heading may be obligated for necessary expenses,
including the purchase of passenger motor
[[Page 113 STAT. 1501A-79]]
vehicles for replacement only for use outside of the United States, for
the general costs of administering military assistance and sales:
Provided further, That not more than $330,000,000 of funds realized
pursuant to section 21(e)(1)(A) of the Arms Export Control Act may be
obligated for expenses incurred by the Department of Defense during
fiscal year 2000 pursuant to section 43(b) of the Arms Export Control
Act, except that this limitation may be exceeded only through the
regular notification procedures of the Committees on Appropriations:
Provided further, That not later than 45 days after the date of the
enactment of this Act, the Secretary of Defense shall report to the
Committees on Appropriations regarding the appropriate host institution
to support and advance the efforts of the Defense Institute for
International and Legal Studies in both legal and political education:
Provided further, That none of the funds made available under this
heading shall be available for any non-NATO country participating in the
Partnership for Peace Program except through the regular notification
procedures of the Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $153,000,000: Provided, That none of
the funds appropriated under this heading shall be obligated or expended
except as provided through the regular notification procedures of the
Committees on Appropriations.
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
international financial institutions
global environment facility
For the United States contribution for the Global Environment
Facility, $35,800,000, to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility, by the
Secretary of the Treasury, to remain available until expended.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $775,000,000, to remain available until
expended.
contribution to the multilateral investment guarantee agency
For payment to the Multilateral Investment Guarantee Agency by the
Secretary of the Treasury, $4,000,000, for the United States paid-in
share of the increase in capital stock, to remain available until
expended.
limitation on callable capital
The United States Governor of the Multilateral Investment Guarantee
Agency may subscribe without fiscal year limitation
[[Page 113 STAT. 1501A-80]]
for the callable capital portion of the United States share of such
capital stock in an amount not to exceed $20,000,000.
contribution to the inter-american investment corporation
For payment to the Inter-American Investment Corporation, by the
Secretary of the Treasury, $16,000,000, for the United States share of
the increase in subscriptions to capital stock, to remain available
until expended.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the Secretary
of the Treasury, for the United States share of the paid-in share
portion of the increase in capital stock, $25,610,667.
limitation on callable capital subscriptions
The United States Governor of the Inter-American Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $1,503,718,910.
contribution to the asian development bank
For payment to the Asian Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increase in capital stock, $13,728,263, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the Asian Development Bank may
subscribe without fiscal year limitation to the callable capital portion
of the United States share of such capital stock in an amount not to
exceed $672,745,205.
contribution to the asian development fund
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the Asian Development Fund, as
authorized by the Asia Development Bank Act, as amended, $77,000,000, to
remain available until expended, for contributions previously due.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury, $4,100,000, for the United States paid-in share of the
increase in capital stock, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation for the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $64,000,000.
[[Page 113 STAT. 1501A-81]]
contribution to the african development fund
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the African Development Fund,
$128,000,000, to remain available until expended.
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and Development
by the Secretary of the Treasury, $35,778,717, for the United States
share of the paid-in portion of the increase in capital stock, to remain
available until expended.
limitation on callable capital subscriptions
The United States Governor of the European Bank for Reconstruction
and Development may subscribe without fiscal year limitation to the
callable capital portion of the United States share of such capital
stock in an amount not to exceed $123,237,803.
International Organizations and Programs
For necessary expenses to carry out the provisions of section 301 of
the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $183,000,000:
Provided, That none of the funds appropriated under this heading shall
be made available for the United Nations Fund for Science and
Technology: Provided further, That not less than $5,000,000 should be
made available to the World Food Program: Provided further, That none of
the funds appropriated under this heading may be made available to the
Korean Peninsula Energy Development Organization (KEDO) or the
International Atomic Energy Agency (IAEA).
TITLE V--GENERAL PROVISIONS
obligations during last month of availability
Sec. 501. Except for the appropriations entitled ``International
Disaster Assistance'', and ``United States Emergency Refugee and
Migration Assistance Fund'', not more than 15 percent of any
appropriation item made available by this Act shall be obligated during
the last month of availability.
prohibition of bilateral funding for international financial
institutions
Sec. 502. Notwithstanding section 614 of the Foreign Assistance Act
of 1961, none of the funds contained in title II of this Act may be used
to carry out the provisions of section 209(d) of the Foreign Assistance
Act of 1961: Provided, That none of the funds appropriated by title II
of this Act may be transferred by the Agency for International
Development directly to an international financial institution (as
defined in section 533 of this Act) for the purpose of repaying a
foreign country's loan obligations to such institution.
[[Page 113 STAT. 1501A-82]]
limitation on residence expenses
Sec. 503. Of the funds appropriated or made available pursuant to
this Act, not to exceed $126,500 shall be for official residence
expenses of the Agency for International Development during the current
fiscal year: Provided, That appropriate steps shall be taken to assure
that, to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
limitation on expenses
Sec. 504. Of the funds appropriated or made available pursuant to
this Act, not to exceed $5,000 shall be for entertainment expenses of
the Agency for International Development during the current fiscal year.
limitation on representational allowances
Sec. 505. Of the funds appropriated or made available pursuant to
this Act, not to exceed $95,000 shall be available for representation
allowances for the Agency for International Development during the
current fiscal year: Provided, That appropriate steps shall be taken to
assure that, to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars: Provided further, That of
the funds made available by this Act for general costs of administering
military assistance and sales under the heading ``Foreign Military
Financing Program'', not to exceed $2,000 shall be available for
entertainment expenses and not to exceed $50,000 shall be available for
representation allowances: Provided further, That of the funds made
available by this Act under the heading ``International Military
Education and Training'', not to exceed $50,000 shall be available for
entertainment allowances: Provided further, That of the funds made
available by this Act for the Inter-American Foundation, not to exceed
$2,000 shall be available for entertainment and representation
allowances: Provided further, That of the funds made available by this
Act for the Peace Corps, not to exceed a total of $4,000 shall be
available for entertainment expenses: Provided further, That of the
funds made available by this Act under the heading ``Trade and
Development Agency'', not to exceed $2,000 shall be available for
representation and entertainment allowances.
prohibition on financing nuclear goods
Sec. 506. None of the funds appropriated or made available (other
than funds for ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'') pursuant to this Act, for carrying out the Foreign
Assistance Act of 1961, may be used, except for purposes of nuclear
safety, to finance the export of nuclear equipment, fuel, or technology.
prohibition against direct funding for certain countries
Sec. 507. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly
any assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran,
Sudan, or Syria: Provided, That for purposes of this section, the
prohibition on obligations or expenditures shall
[[Page 113 STAT. 1501A-83]]
include direct loans, credits, insurance and guarantees of the Export-
Import Bank or its agents.
military coups
Sec. 508. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly
any assistance to any country whose duly elected head of government is
deposed by military coup or decree: Provided, That assistance may be
resumed to such country if the President determines and reports to the
Committees on Appropriations that subsequent to the termination of
assistance a democratically elected government has taken office.
transfers between accounts
Sec. 509. None of the funds made available by this Act may be
obligated under an appropriation account to which they were not
appropriated, except for transfers specifically provided for in this
Act, unless the President, prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations of the House of Representatives and the
Senate.
deobligation/reobligation authority
Sec. 510. (a) Amounts certified pursuant to section 1311 of the
Supplemental Appropriations Act, 1955, as having been obligated against
appropriations heretofore made under the authority of the Foreign
Assistance Act of 1961 for the same general purpose as any of the
headings under title II of this Act are, if deobligated, hereby
continued available for the same period as the respective appropriations
under such headings or until September 30, 2000, whichever is later, and
for the same general purpose, and for countries within the same region
as originally obligated: Provided, That the Appropriations Committees of
both Houses of the Congress are notified 15 days in advance of the
reobligation of such funds in accordance with regular notification
procedures of the Committees on Appropriations.
(b) Obligated balances of funds appropriated to carry out section 23
of the Arms Export Control Act as of the end of the fiscal year
immediately preceding the current fiscal year are, if deobligated,
hereby continued available during the current fiscal year for the same
purpose under any authority applicable to such appropriations under this
Act: Provided, That the authority of this subsection may not be used in
fiscal year 2000.
availability of funds
Sec. 511. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided in this Act: Provided, That
funds appropriated for the purposes of chapters 1, 8, and 11 of part I,
section 667, and chapter 4 of part II of the Foreign Assistance Act of
1961, as amended, and funds provided under the heading ``Assistance for
Eastern Europe and the Baltic States'', shall remain available until
expended if such funds are initially obligated before the expiration of
their respective periods
[[Page 113 STAT. 1501A-84]]
of availability contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of payments
or economic policy reform objectives, shall remain available until
expended: Provided further, That the report required by section 653(a)
of the Foreign Assistance Act of 1961 shall designate for each country,
to the extent known at the time of submission of such report, those
funds allocated for cash disbursement for balance of payment and
economic policy reform purposes.
limitation on assistance to countries in default
Sec. 512. No part of any appropriation contained in this Act shall
be used to furnish assistance to any country which is in default during
a period in excess of one calendar year in payment to the United States
of principal or interest on any loan made to such country by the United
States pursuant to a program for which funds are appropriated under this
Act: Provided, That this section and section 620(q) of the Foreign
Assistance Act of 1961 shall not apply to funds made available for any
narcotics-related assistance for Colombia, Bolivia, and Peru authorized
by the Foreign Assistance Act of 1961 or the Arms Export Control Act.
commerce and trade
Sec. 513. (a) None of the funds appropriated or made available
pursuant to this Act for direct assistance and none of the funds
otherwise made available pursuant to this Act to the Export-Import Bank
and the Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any commodity
for export by any country other than the United States, if the commodity
is likely to be in surplus on world markets at the time the resulting
productive capacity is expected to become operative and if the
assistance will cause substantial injury to United States producers of
the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the judgment
of its Board of Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United States
producers of the same, similar, or competing commodity, and the Chairman
of the Board so notifies the Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act to carry
out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be
available for any testing or breeding feasibility study, variety
improvement or introduction, consultancy, publication, conference, or
training in connection with the growth or production in a foreign
country of an agricultural commodity for export which would compete with
a similar commodity grown or produced in the United States: Provided,
That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact in the export of agricultural commodities of
the United States; or
[[Page 113 STAT. 1501A-85]]
(2) research activities intended primarily to benefit
American producers.
surplus commodities
Sec. 514. The Secretary of the Treasury shall instruct the United
States Executive Directors of the International Bank for Reconstruction
and Development, the International Development Association, the
International Finance Corporation, the Inter-American Development Bank,
the International Monetary Fund, the Asian Development Bank, the Inter-
American Investment Corporation, the North American Development Bank,
the European Bank for Reconstruction and Development, the African
Development Bank, and the African Development Fund to use the voice and
vote of the United States to oppose any assistance by these
institutions, using funds appropriated or made available pursuant to
this Act, for the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the assistance
will cause substantial injury to United States producers of the same,
similar, or competing commodity.
notification requirements
Sec. 515. (a) For the purposes of providing the executive branch
with the necessary administrative flexibility, none of the funds made
available under this Act for ``Child Survival and Disease Programs
Fund'', ``Development Assistance'', ``International Organizations and
Programs'', ``Trade and Development Agency'', ``International Narcotics
Control and Law Enforcement'', ``Assistance for Eastern Europe and the
Baltic States'', ``Assistance for the Independent States of the Former
Soviet Union'', ``Economic Support Fund'', ``Peacekeeping Operations'',
``Operating Expenses of the Agency for International Development'',
``Operating Expenses of the Agency for International Development Office
of Inspector General'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Foreign Military Financing Program'',
``International Military Education and Training'', ``Peace Corps'', and
``Migration and Refugee Assistance'', shall be available for obligation
for activities, programs, projects, type of materiel assistance,
countries, or other operations not justified or in excess of the amount
justified to the Appropriations Committees for obligation under any of
these specific headings unless the Appropriations Committees of both
Houses of Congress are previously notified 15 days in advance: Provided,
That the President shall not enter into any commitment of funds
appropriated for the purposes of section 23 of the Arms Export Control
Act for the provision of major defense equipment, other than
conventional ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously justified
to Congress or 20 percent in excess of the quantities justified to
Congress unless the Committees on Appropriations are notified 15 days in
advance of such commitment: Provided further, That this section shall
not apply to any reprogramming for an activity, program, or project
under chapter 1 of part I of the Foreign Assistance Act of 1961 of less
than 10 percent of the amount previously justified to the Congress for
obligation for such activity, program, or project for the current fiscal
year: Provided further, That the requirements of this section or any
similar provision of this Act or any other Act, including any prior Act
requiring
[[Page 113 STAT. 1501A-86]]
notification in accordance with the regular notification procedures of
the Committees on Appropriations, may be waived if failure to do so
would pose a substantial risk to human health or welfare: Provided
further, That in case of any such waiver, notification to the Congress,
or the appropriate congressional committees, shall be provided as early
as practicable, but in no event later than 3 days after taking the
action to which such notification requirement was applicable, in the
context of the circumstances necessitating such waiver: Provided
further, That any notification provided pursuant to such a waiver shall
contain an explanation of the emergency circumstances.
(b) Drawdowns made pursuant to section 506(a)(2) of the Foreign
Assistance Act of 1961 shall be subject to the regular notification
procedures of the Committees on Appropriations.
limitation on availability of funds for international organizations and
programs
Sec. 516. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under this Act or any
previously enacted Act making appropriations for foreign operations,
export financing, and related programs, which are returned or not made
available for organizations and programs because of the implementation
of section 307(a) of the Foreign Assistance Act of 1961, shall remain
available for obligation until September 30, 2001.
independent states of the former soviet union
Sec. 517. (a) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet Union''
shall be made available for assistance for a government of an
Independent State of the former Soviet Union--
(1) unless that government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, respect for commercial contracts,
and equitable treatment of foreign private investment; and
(2) if that government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or
ventures.
Assistance may be furnished without regard to this subsection if the
President determines that to do so is in the national interest.
(b) None of the funds appropriated under the heading ``Assistance
for the Independent States of the Former Soviet Union'' shall be made
available for assistance for a government of an Independent State of the
former Soviet Union if that government directs any action in violation
of the territorial integrity or national sovereignty of any other
Independent State of the former Soviet Union, such as those violations
included in the Helsinki Final Act: Provided, That such funds may be
made available without regard to the restriction in this subsection if
the President determines that to do so is in the national security
interest of the United States.
(c) None of the funds appropriated under the heading ``Assistance
for the Independent States of the Former Soviet Union'' shall be made
available for any state to enhance its military capability: Provided,
That this restriction does not apply to demilitarization, demining or
nonproliferation programs.
[[Page 113 STAT. 1501A-87]]
(d) Funds appropriated under the heading ``Assistance for the
Independent States of the Former Soviet Union'' shall be subject to the
regular notification procedures of the Committees on Appropriations.
(e) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject to the
provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(f ) Funds appropriated in this or prior appropriations Acts that
are or have been made available for an Enterprise Fund in the
Independent States of the Former Soviet Union may be deposited by such
Fund in interest-bearing accounts prior to the disbursement of such
funds by the Fund for program purposes. The Fund may retain for such
program purposes any interest earned on such deposits without returning
such interest to the Treasury of the United States and without further
appropriation by the Congress. Funds made available for Enterprise Funds
shall be expended at the minimum rate necessary to make timely payment
for projects and activities.
(g) In issuing new task orders, entering into contracts, or making
grants, with funds appropriated in this Act or prior appropriations Acts
under the headings ``Assistance for the New Independent States of the
Former Soviet Union'' and ``Assistance for the Independent States of the
Former Soviet Union'', for projects or activities that have as one of
their primary purposes the fostering of private sector development, the
Coordinator for United States Assistance to the New Independent States
and the implementing agency shall encourage the participation of and
give significant weight to contractors and grantees who propose
investing a significant amount of their own resources (including
volunteer services and in-kind contributions) in such projects and
activities.
prohibition on funding for abortions and involuntary sterilization
Sec. 518. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide any
financial incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family planning.
None of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use of these
funds by any such country or organization would violate any of the above
provisions related to abortions and involuntary sterilizations:
Provided, That none of the funds made available under this Act may be
used to lobby for or against abortion.
[[Page 113 STAT. 1501A-88]]
export financing transfer authorities
Sec. 519. Not to exceed 5 percent of any appropriation other than
for administrative expenses made available for fiscal year 2000, for
programs under title I of this Act may be transferred between such
appropriations for use for any of the purposes, programs, and activities
for which the funds in such receiving account may be used, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 25 percent by any such transfer: Provided, That
the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.
special notification requirements
Sec. 520. None of the funds appropriated by this Act shall be
obligated or expended for Colombia, Haiti, Liberia, Pakistan, Panama,
Serbia, Sudan, or the Democratic Republic of Congo except as provided
through the regular notification procedures of the Committees on
Appropriations.
definition of program, project, and activity
Sec. 521. For the purpose of this Act, ``program, project, and
activity'' shall be defined at the appropriations Act account level and
shall include all appropriations and authorizations Acts earmarks,
ceilings, and limitations with the exception that for the following
accounts: Economic Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered to include
country, regional, and central program level funding within each such
account; for the development assistance accounts of the Agency for
International Development ``program, project, and activity'' shall also
be considered to include central program level funding, either as: (1)
justified to the Congress; or (2) allocated by the executive branch in
accordance with a report, to be provided to the Committees on
Appropriations within 30 days of the enactment of this Act, as required
by section 653(a) of the Foreign Assistance Act of 1961.
child survival and disease prevention activities
Sec. 522. Up to $10,000,000 of the funds made available by this Act
for assistance under the heading ``Child Survival and Disease Programs
Fund'', may be used to reimburse United States Government agencies,
agencies of State governments, institutions of higher learning, and
private and voluntary organizations for the full cost of individuals
(including for the personal services of such individuals) detailed or
assigned to, or contracted by, as the case may be, the Agency for
International Development for the purpose of carrying out child
survival, basic education, and infectious disease activities: Provided,
That up to $1,500,000 of the funds made available by this Act for
assistance under the heading ``Development Assistance'' may be used to
reimburse such agencies, institutions, and organizations for such costs
of such individuals carrying out other development assistance
activities: Provided further, That funds appropriated by this Act that
are made available for child survival activities or disease programs
including activities relating to research on, and the prevention,
treatment and control of, Acquired Immune Deficiency Syndrome
[[Page 113 STAT. 1501A-89]]
may be made available notwithstanding any provision of law that
restricts assistance to foreign countries: Provided further, That funds
appropriated under title II of this Act may be made available pursuant
to section 301 of the Foreign Assistance Act of 1961 if a primary
purpose of the assistance is for child survival and related programs:
Provided further, That funds appropriated by this Act that are made
available for family planning activities may be made available
notwithstanding section 512 of this Act and section 620(q) of the
Foreign Assistance Act of 1961.
prohibition against indirect funding to certain countries
Sec. 523. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated to finance indirectly any
assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, North
Korea, or the People's Republic of China, unless the President of the
United States certifies that the withholding of these funds is contrary
to the national interest of the United States.
notification on excess defense equipment
Sec. 524. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance Act of 1961,
the Department of Defense shall notify the Committees on Appropriations
to the same extent and under the same conditions as are other committees
pursuant to subsection (f ) of that section: Provided, That before
issuing a letter of offer to sell excess defense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular notification
procedures of such Committees: Provided further, That such Committees
shall also be informed of the original acquisition cost of such defense
articles.
authorization requirement
Sec. 525. Funds appropriated by this Act may be obligated and
expended notwithstanding section 10 of Public Law 91-672 and section 15
of the State Department Basic Authorities Act of 1956.
democracy in china
Sec. 526. Notwithstanding any other provision of law that restricts
assistance to foreign countries, funds appropriated by this Act for
``Economic Support Fund'' may be made available to provide general
support and grants for nongovernmental organizations located outside the
People's Republic of China that have as their primary purpose fostering
democracy in that country, and for activities of nongovernmental
organizations located outside the People's Republic of China to foster
democracy in that country: Provided, That none of the funds made
available for activities to foster democracy in the People's Republic of
China may be made available for assistance to the government of that
country, except that funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for the National
Endowment for Democracy or its grantees may be made available for
activities to foster democracy in that country notwithstanding this
proviso and any other provision of law: Provided further, That funds
made available pursuant to the authority of this section shall be
subject
[[Page 113 STAT. 1501A-90]]
to the regular notification procedures of the Committees on
Appropriations: Provided further, That notwithstanding any other
provision of law that restricts assistance to foreign countries, of the
funds appropriated by this Act under the heading ``Economic Support
Fund'', $1,000,000 shall be made available to the Robert F. Kennedy
Memorial Center for Human Rights for a project to disseminate
information and support research about the People's Republic of China,
and related activities.
prohibition on bilateral assistance to terrorist countries
Sec. 527. (a) Notwithstanding any other provision of law, funds
appropriated for bilateral assistance under any heading of this Act and
funds appropriated under any such heading in a provision of law enacted
prior to the enactment of this Act, shall not be made available to any
country which the President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a) to a
country if the President determines that national security or
humanitarian reasons justify such waiver. The President shall publish
each waiver in the Federal Register and, at least 15 days before the
waiver takes effect, shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.
commercial leasing of defense articles
Sec. 528. Notwithstanding any other provision of law, and subject to
the regular notification procedures of the Committees on Appropriations,
the authority of section 23(a) of the Arms Export Control Act may be
used to provide financing to Israel, Egypt and NATO and major non-NATO
allies for the procurement by leasing (including leasing with an option
to purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than helicopters
and other types of aircraft having possible civilian application), if
the President determines that there are compelling foreign policy or
national security reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale under such
Act.
competitive insurance
Sec. 529. All Agency for International Development contracts and
solicitations, and subcontracts entered into under such contracts, shall
include a clause requiring that United States insurance companies have a
fair opportunity to bid for insurance when such insurance is necessary
or appropriate.
stingers in the persian gulf region
Sec. 530. Except as provided in section 581 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1990, the United States may not sell or otherwise make available any
Stingers to any country bordering the Persian Gulf
[[Page 113 STAT. 1501A-91]]
under the Arms Export Control Act or chapter 2 of part II of the Foreign
Assistance Act of 1961.
debt-for-development
Sec. 531. In order to enhance the continued participation of
nongovernmental organizations in economic assistance activities under
the Foreign Assistance Act of 1961, including endowments, debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the Agency for
International Development may place in interest bearing accounts funds
made available under this Act or prior Acts or local currencies which
accrue to that organization as a result of economic assistance provided
under title II of this Act and any interest earned on such investment
shall be used for the purpose for which the assistance was provided to
that organization.
separate accounts
Sec. 532. (a) Separate Accounts for Local Currencies.--(1) If
assistance is furnished to the government of a foreign country under
chapters 1 and 10 of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961 under agreements which result in the generation
of local currencies of that country, the Administrator of the Agency for
International Development shall--
(A) require that local currencies be deposited in a separate
account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be
generated; and
(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of the Agency for International Development and
that government to monitor and account for deposits into and
disbursements from the separate account.
(2) Uses of Local Currencies.--As may be agreed upon with the
foreign government, local currencies deposited in a separate account
pursuant to subsection (a), or an equivalent amount of local currencies,
shall be used only--
(A) to carry out chapters 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United States
Government.
(3) Programming Accountability.--The Agency for International
Development shall take all necessary steps to ensure that the equivalent
of the local currencies disbursed pursuant to subsection (a)(2)(A) from
the separate account established pursuant to subsection (a)(1) are used
for the purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of Assistance Programs.--Upon termination of
assistance to a country under chapters 1 or 10 of part I or chapter 4 of
part II (as the case may be), any unencumbered balances of funds which
remain in a separate account established
[[Page 113 STAT. 1501A-92]]
pursuant to subsection (a) shall be disposed of for such purposes as may
be agreed to by the government of that country and the United States
Government.
(5) Reporting Requirement.--The Administrator of the Agency for
International Development shall report on an annual basis as part of the
justification documents submitted to the Committees on Appropriations on
the use of local currencies for the administrative requirements of the
United States Government as authorized in subsection (a)(2)(B), and such
report shall include the amount of local currency (and United States
dollar equivalent) used and/or to be used for such purpose in each
applicable country.
(b) Separate Accounts for Cash Transfers.--(1) If assistance is made
available to the government of a foreign country, under chapters 1 or 10
of part I or chapter 4 of part II of the Foreign Assistance Act of 1961,
as cash transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a separate account
and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds may be
obligated and expended notwithstanding provisions of law which are
inconsistent with the nature of this assistance including provisions
which are referenced in the Joint Explanatory Statement of the Committee
of Conference accompanying House Joint Resolution 648 (House Report No.
98-1159).
(3) Notification.--At least 15 days prior to obligating any such
cash transfer or nonproject sector assistance, the President shall
submit a notification through the regular notification procedures of the
Committees on Appropriations, which shall include a detailed description
of how the funds proposed to be made available will be used, with a
discussion of the United States interests that will be served by the
assistance (including, as appropriate, a description of the economic
policy reforms that will be promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be exempt
from the requirements of subsection (b)(1) only through the notification
procedures of the Committees on Appropriations.
compensation for united states executive directors to international
financial institutions
Sec. 533. (a) No funds appropriated by this Act may be made as
payment to any international financial institution while the United
States Executive Director to such institution is compensated by the
institution at a rate which, together with whatever compensation such
Director receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code, or
while any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the rate provided
for an individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development
Bank, the Asian Development Fund, the African Development Bank, the
African Development Fund, the International Monetary
[[Page 113 STAT. 1501A-93]]
Fund, the North American Development Bank, and the European Bank for
Reconstruction and Development.
compliance with united nations sanctions against iraq
Sec. 534. None of the funds appropriated or otherwise made available
pursuant to this Act to carry out the Foreign Assistance Act of 1961
(including title IV of chapter 2 of part I, relating to the Overseas
Private Investment Corporation) or the Arms Export Control Act may be
used to provide assistance to any country that is not in compliance with
the United Nations Security Council sanctions against Iraq unless the
President determines and so certifies to the Congress that--
(1) such assistance is in the national interest of the
United States;
(2) such assistance will directly benefit the needy people
in that country; or
(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and Kuwait.
authorities for the peace corps, international fund for agricultural
development, inter-american foundation and african development
foundation
Sec. 535. (a) Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for foreign operations, export
financing, and related programs, shall not be construed to prohibit
activities authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development Foundation Act.
The agency shall promptly report to the Committees on Appropriations
whenever it is conducting activities or is proposing to conduct
activities in a country for which assistance is prohibited.
(b) Unless expressly provided to the contrary, limitations on the
availability of funds for ``International Organizations and Programs''
in this or any other Act, including prior appropriations Acts, shall not
be construed to be applicable to the International Fund for Agricultural
Development.
impact on jobs in the united states
Sec. 536. None of the funds appropriated by this Act may be
obligated or expended to provide--
(a) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States;
(b) assistance for the purpose of establishing or developing
in a foreign country any export processing zone or designated
area in which the tax, tariff, labor, environment, and safety
laws of that country do not apply, in part or in whole, to
activities carried out within that zone or area, unless the
President determines and certifies that such assistance is not
likely to cause a loss of jobs within the United States; or
[[Page 113 STAT. 1501A-94]]
(c) assistance for any project or activity that contributes
to the violation of internationally recognized workers rights,
as defined in section 502(a)(4) of the Trade Act of 1974, of
workers in the recipient country, including any designated zone
or area in that country: Provided, That in recognition that the
application of this subsection should be commensurate with the
level of development of the recipient country and sector, the
provisions of this subsection shall not preclude assistance for
the informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
funding prohibition for serbia
Sec. 537. None of the funds appropriated by this Act may be made
available for assistance for the Republic of Serbia: Provided, That this
restriction shall not apply to assistance for Kosova or Montenegro, or
to assistance to promote democratization: Provided further, That section
620(t) of the Foreign Assistance Act of 1961, as amended, shall not
apply to Kosova or Montenegro.
special authorities
Sec. 538. (a) Funds appropriated in titles I and II of this Act that
are made available for Afghanistan, Lebanon, Montenegro, and for victims
of war, displaced children, displaced Burmese, humanitarian assistance
for Romania, and humanitarian assistance for the peoples of Kosova, may
be made available notwithstanding any other provision of law: Provided,
That any such funds that are made available for Cambodia shall be
subject to the provisions of section 531(e) of the Foreign Assistance
Act of 1961 and section 906 of the International Security and
Development Cooperation Act of 1985.
(b) Funds appropriated by this Act to carry out the provisions of
sections 103 through 106 of the Foreign Assistance Act of 1961 may be
used, notwithstanding any other provision of law, for the purpose of
supporting tropical forestry and biodiversity conservation activities
and, subject to the regular notification procedures of the Committees on
Appropriations, energy programs aimed at reducing greenhouse gas
emissions: Provided, That such assistance shall be subject to sections
116, 502B, and 620A of the Foreign Assistance Act of 1961.
(c) The Agency for International Development may employ personal
services contractors, notwithstanding any other provision of law, for
the purpose of administering programs for the West Bank and Gaza.
(d)(1) Waiver.--The President may waive the provisions of section
1003 of Public Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives and the President
pro tempore of the Senate that it is important to the national security
interests of the United States.
(2) Period of Application of Waiver.--Any waiver pursuant to
paragraph (1) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
policy on terminating the arab league boycott of israel
Sec. 539. It is the sense of the Congress that--
[[Page 113 STAT. 1501A-95]]
(1) the Arab League countries should immediately and
publicly renounce the primary boycott of Israel and the
secondary and tertiary boycott of American firms that have
commercial ties with Israel;
(2) the decision by the Arab League in 1997 to reinstate the
boycott against Israel was deeply troubling and disappointing;
(3) the Arab League should immediately rescind its decision
on the boycott and its members should develop normal relations
with their neighbor Israel; and
(4) the President should--
(A) take more concrete steps to encourage vigorously
Arab League countries to renounce publicly the primary
boycotts of Israel and the secondary and tertiary
boycotts of American firms that have commercial
relations with Israel as a confidence-building measure;
(B) take into consideration the participation of any
recipient country in the primary boycott of Israel and
the secondary and tertiary boycotts of American firms
that have commercial relations with Israel when
determining whether to sell weapons to said country;
(C) report to Congress on the specific steps being
taken by the President to bring about a public
renunciation of the Arab primary boycott of Israel and
the secondary and tertiary boycotts of American firms
that have commercial relations with Israel and to expand
the process of normalizing ties between Arab League
countries and Israel; and
(D) encourage the allies and trading partners of the
United States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses
that do comply.
anti-narcotics activities
Sec. 540. Of the funds appropriated or otherwise made available by
this Act for ``Economic Support Fund'', assistance may be provided to
strengthen the administration of justice in countries in Latin America
and the Caribbean and in other regions consistent with the provisions of
section 534(b) of the Foreign Assistance Act of 1961, except that
programs to enhance protection of participants in judicial cases may be
conducted notwithstanding section 660 of that Act. Funds made available
pursuant to this section may be made available notwithstanding section
534(c) and the second and third sentences of section 534(e) of the
Foreign Assistance Act of 1961.
eligibility for assistance
Sec. 541. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
and 11 of part I and chapter 4 of part II of the Foreign Assistance Act
of 1961, and from funds appropriated under the heading ``Assistance for
Eastern Europe and the Baltic States'': Provided, That the President
shall take into consideration, in any case in which a restriction on
assistance
[[Page 113 STAT. 1501A-96]]
would be applicable but for this subsection, whether assistance in
support of programs of nongovernmental organizations is in the national
interest of the United States: Provided further, That before using the
authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations under the regular notification
procedures of those committees, including a description of the program
to be assisted, the assistance to be provided, and the reasons for
furnishing such assistance: Provided further, That nothing in this
subsection shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations contained in
this or any other Act.
(b) Public Law 480.--During fiscal year 2000, restrictions contained
in this or any other Act with respect to assistance for a country shall
not be construed to restrict assistance under the Agricultural Trade
Development and Assistance Act of 1954: Provided, That none of the funds
appropriated to carry out title I of such Act and made available
pursuant to this subsection may be obligated or expended except as
provided through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that violate internationally recognized
human rights.
earmarks
Sec. 542. (a) Funds appropriated by this Act which are earmarked may
be reprogrammed for other programs within the same account
notwithstanding the earmark if compliance with the earmark is made
impossible by operation of any provision of this or any other Act or,
with respect to a country with which the United States has an agreement
providing the United States with base rights or base access in that
country, if the President determines that the recipient for which funds
are earmarked has significantly reduced its military or economic
cooperation with the United States since the enactment of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1991; however, before exercising the authority of this subsection with
regard to a base rights or base access country which has significantly
reduced its military or economic cooperation with the United States, the
President shall consult with, and shall provide a written policy
justification to the Committees on Appropriations: Provided, That any
such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated by this Act and
administered by the Agency for International Development that are
earmarked for particular programs or activities by this or any other Act
shall be extended for an additional fiscal year
[[Page 113 STAT. 1501A-97]]
if the Administrator of such agency determines and reports promptly to
the Committees on Appropriations that the termination of assistance to a
country or a significant change in circumstances makes it unlikely that
such earmarked funds can be obligated during the original period of
availability: Provided, That such earmarked funds that are continued
available for an additional fiscal year shall be obligated only for the
purpose of such earmark.
ceilings and earmarks
Sec. 543. Ceilings and earmarks contained in this Act shall not be
applicable to funds or authorities appropriated or otherwise made
available by any subsequent Act unless such Act specifically so directs.
Earmarks or minimum funding requirements contained in any other Act
shall not be applicable to funds appropriated by this Act.
prohibition on publicity or propaganda
Sec. 544. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not authorized before the date of the enactment of this Act by the
Congress: Provided, That not to exceed $750,000 may be made available to
carry out the provisions of section 316 of Public Law 96-533.
purchase of american-made equipment and products
Sec. 545. (a) To the maximum extent possible, assistance provided
under this Act should make full use of American resources, including
commodities, products, and services.
(b) It is the sense of the Congress that, to the greatest extent
practicable, all agriculture commodities, equipment and products
purchased with funds made available in this Act should be American-made.
(c) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act, the
head of each Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement made in
subsection (b) by the Congress.
(d) The Secretary of the Treasury shall report to Congress annually
on the efforts of the heads of each Federal agency and the United States
directors of international financial institutions (as referenced in
section 514) in complying with this sense of the Congress.
prohibition of payments to united nations members
Sec. 546. None of the funds appropriated or made available pursuant
to this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this Act
to carry out chapter 1 of part I of the Foreign Assistance Act of 1961,
the costs for participation of another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
[[Page 113 STAT. 1501A-98]]
consulting services
Sec. 547. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to section
3109 of title 5, United States Code, shall be limited to those contracts
where such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive order pursuant to existing law.
private voluntary organizations--documentation
Sec. 548. None of the funds appropriated or made available pursuant
to this Act shall be available to a private voluntary organization which
fails to provide upon timely request any document, file, or record
necessary to the auditing requirements of the Agency for International
Development.
prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
Sec. 549. (a) None of the funds appropriated or otherwise made
available by this Act may be available to any foreign government which
provides lethal military equipment to a country the government of which
the Secretary of State has determined is a terrorist government for
purposes of section 40(d) of the Arms Export Control Act. The
prohibition under this section with respect to a foreign government
shall terminate 12 months after that government ceases to provide such
military equipment. This section applies with respect to lethal military
equipment provided under a contract entered into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines that
furnishing such assistance is important to the national interests of the
United States.
(c) Whenever the waiver of subsection (b) is exercised, the
President shall submit to the appropriate congressional committees a
report with respect to the furnishing of such assistance. Any such
report shall include a detailed explanation of the assistance to be
provided, including the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United States national
interests.
withholding of assistance for parking fines owed by foreign countries
Sec. 550. (a) In General.--Of the funds made available for a foreign
country under part I of the Foreign Assistance Act of 1961, an amount
equivalent to 110 percent of the total unpaid fully adjudicated parking
fines and penalties owed to the District of Columbia by such country as
of the date of the enactment of this Act shall be withheld from
obligation for such country until the Secretary of State certifies and
reports in writing to the appropriate congressional committees that such
fines and penalties are fully paid to the government of the District of
Columbia.
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and
[[Page 113 STAT. 1501A-99]]
the Committee on International Relations and the Committee on
Appropriations of the House of Representatives.
limitation on assistance for the plo for the west bank and gaza
Sec. 551. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation Organization for
the West Bank and Gaza unless the President has exercised the authority
under section 604(a) of the Middle East Peace Facilitation Act of 1995
(title VI of Public Law 104-107) or any other legislation to suspend or
make inapplicable section 307 of the Foreign Assistance Act of 1961 and
that suspension is still in effect: Provided, That if the President
fails to make the certification under section 604(b)(2) of the Middle
East Peace Facilitation Act of 1995 or to suspend the prohibition under
other legislation, funds appropriated by this Act may not be obligated
for assistance for the Palestine Liberation Organization for the West
Bank and Gaza.
war crimes tribunals drawdown
Sec. 552. If the President determines that doing so will contribute
to a just resolution of charges regarding genocide or other violations
of international humanitarian law, the President may direct a drawdown
pursuant to section 552(c) of the Foreign Assistance Act of 1961, as
amended, of up to $30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish to deal with such
violations, without regard to the ceiling limitation contained in
paragraph (2) thereof: Provided, That the determination required under
this section shall be in lieu of any determinations otherwise required
under section 552(c): Provided further, That 60 days after the date of
the enactment of this Act, and every 180 days thereafter, the Secretary
of State shall submit a report to the Committees on Appropriations
describing the steps the United States Government is taking to collect
information regarding allegations of genocide or other violations of
international law in the former Yugoslavia and to furnish that
information to the United Nations War Crimes Tribunal for the former
Yugoslavia: Provided further, That the drawdown made under this section
for any tribunal shall not be construed as an endorsement or precedent
for the establishment of any standing or permanent international
criminal tribunal or court: Provided further, That funds made available
for tribunals other than Yugoslavia or Rwanda shall be made available
subject to the regular notification procedures of the Committees on
Appropriations.
landmines
Sec. 553. Notwithstanding any other provision of law, demining
equipment available to the Agency for International Development and the
Department of State and used in support of the clearance of landmines
and unexploded ordnance for humanitarian purposes may be disposed of on
a grant basis in foreign countries, subject to such terms and conditions
as the President may prescribe: Provided, That section 1365(c) of the
National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 22 U.S.C., 2778
[[Page 113 STAT. 1501A-100]]
note) is amended by striking ``During the five-year period beginning on
October 23, 1992'' and inserting ``During the 11-year period beginning
on October 23, 1992''.
restrictions concerning the palestinian authority
Sec. 554. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a new office of
any department or agency of the United States Government for the purpose
of conducting official United States Government business with the
Palestinian Authority over Gaza and Jericho or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles: Provided, That this restriction shall not apply to the
acquisition of additional space for the existing Consulate General in
Jerusalem: Provided further, That meetings between officers and
employees of the United States and officials of the Palestinian
Authority, or any successor Palestinian governing entity provided for in
the Israel-PLO Declaration of Principles, for the purpose of conducting
official United States Government business with such authority should
continue to take place in locations other than Jerusalem. As has been
true in the past, officers and employees of the United States Government
may continue to meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian Authority),
have social contacts, and have incidental discussions.
prohibition of payment of certain expenses
Sec. 555. None of the funds appropriated or otherwise made available
by this Act under the headings ``International Military Education and
Training'' or ``Foreign Military Financing Program'' for Informational
Program activities or under the headings ``Child Survival and Disease
Programs Fund'', ``Development Assistance'', and ``Economic Support
Fund'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events and amusement parks.
competitive pricing for sales of defense articles
Sec. 556. Direct costs associated with meeting a foreign customer's
additional or unique requirements will continue to be allowable under
contracts under section 22(d) of the Arms Export Control Act. Loadings
applicable to such direct costs shall be permitted at the same rates
applicable to procurement of like items purchased by the Department of
Defense for its own use.
special debt relief for the poorest
Sec. 557. (a) Authority To Reduce Debt.--The President may reduce
amounts owed to the United States (or any agency of the United States)
by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
[[Page 113 STAT. 1501A-101]]
(3) any obligation or portion of such obligation, to pay for
purchases of United States agricultural commodities guaranteed
by the Commodity Credit Corporation under export credit
guarantee programs authorized pursuant to section 5(f ) of the
Commodity Credit Corporation Charter Act of June 29, 1948, as
amended, section 4(b) of the Food for Peace Act of 1966, as
amended (Public Law 89-808), or section 202 of the Agricultural
Trade Act of 1978, as amended (Public Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris Club
Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is provided
in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt burdens
that are eligible to borrow from the International Development
Association, but not from the International Bank for
Reconstruction and Development, commonly referred to as ``IDA-
only'' countries.
(c) Conditions.--The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by subsection (a)
may be used only with regard to funds appropriated by this Act under the
heading ``Debt Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt pursuant
to subsection (a) shall not be considered assistance for purposes of any
provision of law limiting assistance to a country. The authority
provided by subsection (a) may be exercised notwithstanding section
620(r) of the Foreign Assistance Act of 1961 or section 321 of the
International Development and Food Assistance Act of 1975.
authority to engage in debt buybacks or sales
Sec. 558. (a) Loans Eligible for Sale, Reduction, or Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President may,
in accordance with this section, sell to any eligible purchaser
any concessional loan or portion thereof made before January 1,
1995, pursuant to the Foreign Assistance Act of 1961, to the
government of any eligible country as defined in section 702(6)
of that Act or on receipt of payment from
[[Page 113 STAT. 1501A-102]]
an eligible purchaser, reduce or cancel such loan or portion
thereof, only for the purpose of facilitating--
(A) debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an
additional amount of the local currency of the eligible
country, equal to not less than 40 percent of the price
paid for such debt by such eligible country, or the
difference between the price paid for such debt and the
face value of such debt, to support activities that link
conservation and sustainable use of natural resources
with local community development, and child survival and
other child development, in a manner consistent with
sections 707 through 710 of the Foreign Assistance Act
of 1961, if the sale, reduction, or cancellation would
not contravene any term or condition of any prior
agreement relating to such loan.
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance with this
section, establish the terms and conditions under which loans
may be sold, reduced, or canceled pursuant to this section.
(3) Administration.--The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify the
administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 of
purchasers that the President has determined to be eligible, and
shall direct such agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such agency
shall make an adjustment in its accounts to reflect the sale,
reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall be
available only to the extent that appropriations for the cost of
the modification, as defined in section 502 of the Congressional
Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
cancellation of any loan sold, reduced, or canceled pursuant to this
section shall be deposited in the United States Government account or
accounts established for the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to subsection
(a)(1)(A) only to a purchaser who presents plans satisfactory to the
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section, of
any loan made to an eligible country, the President should consult with
the country concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by subsection (a)
may be used only with regard to funds appropriated by this Act under the
heading ``Debt Restructuring''.
assistance for haiti
Sec. 559. (a) Policy.--In providing assistance to Haiti, the
President should place a priority on the following areas:
[[Page 113 STAT. 1501A-103]]
(1) aggressive action to support the Haitian National
Police, including support for efforts by the Inspector General
to purge corrupt and politicized elements from the Haitian
National Police;
(2) steps to ensure that any elections undertaken in Haiti
with United States assistance are full, free, fair, transparent,
and democratic;
(3) support for a program designed to develop an indigenous
human rights monitoring capacity;
(4) steps to facilitate the continued privatization of
state-owned enterprises;
(5) a sustainable agricultural development program; and
(6) establishment of an economic development fund for Haiti
to provide long-term, low interest loans to United States
investors and businesses that have a demonstrated commitment to,
and expertise in, doing business in Haiti, in particular those
businesses present in Haiti prior to the 1994 United Nations
embargo.
(b) Report.--Beginning 6 months after the date of the enactment of
this Act, and 6 months thereafter until September 30, 2001, the
President shall submit a report to the Committee on Appropriations and
the Committee on Foreign Relations of the Senate and the Committee on
Appropriations and the Committee on International Relations of the House
of Representatives with regard to--
(1) the status of each of the governmental institutions
envisioned in the 1987 Haitian Constitution, including an
assessment of the extent to which officials in such institutions
hold their positions on the basis of a regular, constitutional
process;
(2) the status of the privatization (or placement under
long-term private management or concession) of the major public
entities, including a detailed assessment of the extent to which
the Government of Haiti has completed all required incorporating
documents, the transfer of assets, and the eviction of
unauthorized occupants from such facilities;
(3) the status of efforts to re-sign and implement the
lapsed bilateral Repatriation Agreement and an assessment of the
extent to which the Government of Haiti has been cooperating
with the United States in halting illegal emigration from Haiti;
(4) the status of the Government of Haiti's efforts to
conduct thorough investigations of extrajudicial and political
killings and--
(A) an assessment of the progress that has been made
in bringing to justice the persons responsible for these
extrajudicial or political killings in Haiti; and
(B) an assessment of the extent to which the
Government of Haiti is cooperating with United States
authorities and with United States-funded technical
advisors to the Haitian National Police in such
investigations;
(5) an assessment of actions taken by the Government of
Haiti to remove and maintain the separation from the Haitian
National Police, national palace and residential guard,
ministerial guard, and any other public security entity or unit
of Haiti those individuals who are credibly alleged to have
engaged in or conspired to conceal gross violations of
internationally recognized human rights;
[[Page 113 STAT. 1501A-104]]
(6) the status of steps being taken to secure the
ratification of the maritime counter-narcotics agreements signed
October 1997;
(7) an assessment of the extent to which domestic capacity
to conduct free, fair, democratic, and administratively sound
elections has been developed in Haiti; and
(8) an assessment of the extent to which Haiti's Minister of
Justice has demonstrated a commitment to the professionalism of
judicial personnel by consistently placing students graduated by
the Judicial School in appropriate judicial positions and has
made a commitment to share program costs associated with the
Judicial School, and is achieving progress in making the
judicial branch in Haiti independent from the executive branch.
(c) Equitable Allocation of Funds.--Not more than 17 percent of the
funds appropriated by this Act to carry out the provisions of sections
103 through 106 and chapter 4 of part II of the Foreign Assistance Act
of 1961, that are made available for Latin America and the Caribbean
region may be made available, through bilateral and Latin America and
the Caribbean regional programs, to provide assistance for any country
in such region.
requirement for disclosure of foreign aid in report of secretary of
state
Sec. 560. (a) Foreign Aid Reporting Requirement.--In addition to the
voting practices of a foreign country, the report required to be
submitted to Congress under section 406(a) of the Foreign Relations
Authorization Act, fiscal years 1990 and 1991 (22 U.S.C. 2414a), shall
include a side-by-side comparison of individual countries' overall
support for the United States at the United Nations and the amount of
United States assistance provided to such country in fiscal year 1999.
(b) United States Assistance.--For purposes of this section, the
term ``United States assistance'' has the meaning given the term in
section 481(e)(4) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291(e)(4)).
restrictions on voluntary contributions to united nations agencies
Sec. 561. (a) Prohibition on Voluntary Contributions for the United
Nations.--None of the funds appropriated by this Act may be made
available to pay any voluntary contribution of the United States to the
United Nations (including the United Nations Development Program) if the
United Nations implements or imposes any taxation on any United States
persons.
(b) Certification Required for Disbursement of Funds.--None of the
funds appropriated by this Act may be made available to pay any
voluntary contribution of the United States to the United Nations
(including the United Nations Development Program) unless the President
certifies to the Congress 15 days in advance of such payment that the
United Nations is not engaged in any effort to implement or impose any
taxation on United States persons in order to raise revenue for the
United Nations or any of its specialized agencies.
(c) Definitions.--As used in this section the term ``United States
person'' refers to--
[[Page 113 STAT. 1501A-105]]
(1) a natural person who is a citizen or national of the
United States; or
(2) a corporation, partnership, or other legal entity
organized under the United States or any State, territory,
possession, or district of the United States.
haiti
Sec. 562. The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act (22
U.S.C. 2751 et seq.), for the civilian-led Haitian National Police and
Coast Guard: Provided, That the authority provided by this section shall
be subject to the regular notification procedures of the Committees on
Appropriations.
limitation on assistance to the palestinian authority
Sec. 563. (a) Prohibition of Funds.--None of the funds appropriated
by this Act to carry out the provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961 may be obligated or expended with respect
to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives and the President pro tempore of the Senate that
waiving such prohibition is important to the national security interests
of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
limitation on assistance to security forces
Sec. 564. None of the funds made available by this Act may be
provided to any unit of the security forces of a foreign country if the
Secretary of State has credible evidence that such unit has committed
gross violations of human rights, unless the Secretary determines and
reports to the Committees on Appropriations that the government of such
country is taking effective measures to bring the responsible members of
the security forces unit to justice: Provided, That nothing in this
section shall be construed to withhold funds made available by this Act
from any unit of the security forces of a foreign country not credibly
alleged to be involved in gross violations of human rights: Provided
further, That in the event that funds are withheld from any unit
pursuant to this section, the Secretary of State shall promptly inform
the foreign government of the basis for such action and shall, to the
maximum extent practicable, assist the foreign government in taking
effective measures to bring the responsible members of the security
forces to justice.
limitations on transfer of military equipment to east timor
Sec. 565. In any agreement for the sale, transfer, or licensing of
any lethal equipment or helicopter for Indonesia entered into by the
United States pursuant to the authority of this Act or any other Act,
the agreement shall state that the items will not be used in East Timor.
[[Page 113 STAT. 1501A-106]]
restrictions on assistance to countries providing sanctuary to indicted
war criminals
Sec. 566. (a) Bilateral Assistance.--None of the funds made
available by this or any prior Act making appropriations for foreign
operations, export financing and related programs, may be provided for
any country, entity or municipality described in subsection (e).
(b) Multilateral Assistance.--
(1) Prohibition.--The Secretary of the Treasury shall
instruct the United States executive directors of the
international financial institutions to work in opposition to,
and vote against, any extension by such institutions of any
financial or technical assistance or grants of any kind to any
country or entity described in subsection (e).
(2) Notification.--Not less than 15 days before any vote in
an international financial institution regarding the extension
of financial or technical assistance or grants to any country or
entity described in subsection (e), the Secretary of the
Treasury, in consultation with the Secretary of State, shall
provide to the Committee on Appropriations and the Committee on
Foreign Relations of the Senate and the Committee on
Appropriations and the Committee on Banking and Financial
Services of the House of Representatives a written justification
for the proposed assistance, including an explanation of the
United States position regarding any such vote, as well as a
description of the location of the proposed assistance by
municipality, its purpose, and its intended beneficiaries.
(3) Definition.--The term ``international financial
institution'' includes the International Monetary Fund, the
International Bank for Reconstruction and Development, the
International Development Association, the International Finance
Corporation, the Multilateral Investment Guaranty Agency, and
the European Bank for Reconstruction and Development.
(c) Exceptions.--
(1) In general.--Subject to paragraph (2), subsections (a)
and (b) shall not apply to the provision of--
(A) humanitarian assistance;
(B) democratization assistance;
(C) assistance for cross border physical
infrastructure projects involving activities in both a
sanctioned country, entity, or municipality and a
nonsanctioned contiguous country, entity, or
municipality, if the project is primarily located in and
primarily benefits the nonsanctioned country, entity, or
municipality and if the portion of the project located
in the sanctioned country, entity, or municipality is
necessary only to complete the project;
(D) small-scale assistance projects or activities
requested by United States Armed Forces that promote
good relations between such forces and the officials and
citizens of the areas in the United States SFOR sector
of Bosnia;
(E) implementation of the Brcko Arbitral Decision;
(F) lending by the international financial
institutions to a country or entity to support common
monetary and fiscal policies at the national level as
contemplated by the Dayton Agreement;
[[Page 113 STAT. 1501A-107]]
(G) direct lending to a non-sanctioned entity, or
lending passed on by the national government to a non-
sanctioned entity; or
(H) assistance to the International Police Task
Force for the training of a civilian police force.
(2) Notification.--Every 60 days the Secretary of State, in
consultation with the Administrator of the Agency for
International Development, shall publish in the Federal Register
and/or in a comparable publicly accessible document or Internet
site, a listing and justification of any assistance that is
obligated within that period of time for any country, entity, or
municipality described in subsection (e), including a
description of the purpose of the assistance, project and its
location, by municipality.
(d) Further Limitations.--Notwithstanding subsection (c)--
(1) no assistance may be made available by this Act, or any
prior Act making appropriations for foreign operations, export
financing and related programs, in any country, entity, or
municipality described in subsection (e), for a program,
project, or activity in which a publicly indicted war criminal
is known to have any financial or material interest; and
(2) no assistance (other than emergency foods or medical
assistance or demining assistance) may be made available by this
Act, or any prior Act making appropriations for foreign
operations, export financing and related programs for any
program, project, or activity in a community within any country,
entity or municipality described in subsection (e) if competent
authorities within that community are not complying with the
provisions of Article IX and Annex 4, Article II, paragraph 8 of
the Dayton Agreement relating to war crimes and the Tribunal.
(e) Sanctioned Country, Entity, or Municipality.--A sanctioned
country, entity, or municipality described in this section is one whose
competent authorities have failed, as determined by the Secretary of
State, to take necessary and significant steps to apprehend and transfer
to the Tribunal all persons who have been publicly indicted by the
Tribunal.
(f ) Special Rule.--Subject to subsection (d), subsections (a) and
(b) shall not apply to the provision of assistance to an entity that is
not a sanctioned entity, notwithstanding that such entity may be within
a sanctioned country, if the Secretary of State determines and so
reports to the appropriate congressional committees that providing
assistance to that entity would promote peace and internationally
recognized human rights by encouraging that entity to cooperate fully
with the Tribunal.
(g) Current Record of War Criminals and Sanctioned Countries,
Entities, and Municipalities.--
(1) In general.--The Secretary of State shall establish and
maintain a current record of the location, including the
municipality, if known, of publicly indicted war criminals and a
current record of sanctioned countries, entities, and
municipalities.
(2) Information of the dci and the secretary of defense.--
The Director of Central Intelligence and the Secretary of
Defense should collect and provide to the Secretary of State
information concerning the location, including the municipality,
of publicly indicted war criminals.
[[Page 113 STAT. 1501A-108]]
(3) Information of the tribunal.--The Secretary of State
shall request that the Tribunal and other international
organizations and governments provide the Secretary of State
information concerning the location, including the municipality,
of publicly indicted war criminals and concerning country,
entity and municipality authorities known to have obstructed the
work of the Tribunal.
(4) Report.--Beginning 30 days after the date of the
enactment of this Act, and not later than September 1 each year
thereafter, the Secretary of State shall submit a report in
classified and unclassified form to the appropriate
congressional committees on the location, including the
municipality, if known, of publicly indicted war criminals, on
country, entity and municipality authorities known to have
obstructed the work of the Tribunal, and on sanctioned
countries, entities, and municipalities.
(5) Information to congress.--Upon the request of the
chairman or ranking minority member of any of the appropriate
congressional committees, the Secretary of State shall make
available to that committee the information recorded under
paragraph (1) in a report submitted to the committee in
classified and unclassified form.
(h) Waiver.--
(1) In general.--The Secretary of State may waive the
application of subsection (a) or subsection (b) with respect to
specified bilateral programs or international financial
institution projects or programs in a sanctioned country,
entity, or municipality upon providing a written determination
to the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and
the Committee on International Relations of the House of
Representatives that such assistance directly supports the
implementation of the Dayton Agreement and its Annexes, which
include the obligation to apprehend and transfer indicted war
criminals to the Tribunal.
(2) Report.--Not later than 15 days after the date of any
written determination under paragraph (1) the Secretary of State
shall submit a report to the Committee on Appropriations and the
Committee on Foreign Relations of the Senate and the Committee
on Appropriations and the Committee on International Relations
of the House of Representatives regarding the status of efforts
to secure the voluntary surrender or apprehension and transfer
of persons indicted by the Tribunal, in accordance with the
Dayton Agreement, and outlining obstacles to achieving this
goal.
(3) Assistance programs and projects affected.--Any waiver
made pursuant to this subsection shall be effective only with
respect to a specified bilateral program or multilateral
assistance project or program identified in the determination of
the Secretary of State to Congress.
(i) Termination of Sanctions.--The sanctions imposed pursuant to
subsections (a) and (b) with respect to a country or entity shall cease
to apply only if the Secretary of State determines and certifies to
Congress that the authorities of that country, entity, or municipality
have apprehended and transferred to the Tribunal all persons who have
been publicly indicted by the Tribunal.
( j) Definitions.--As used in this section--
[[Page 113 STAT. 1501A-109]]
(1) Country.--The term ``country'' means Bosnia-Herzegovina,
Croatia, and Serbia.
(2) Entity.--The term ``entity'' refers to the Federation of
Bosnia and Herzegovina, Kosova, Montenegro, and the Republika
Srpska.
(3) Dayton agreement.--The term ``Dayton Agreement'' means
the General Framework Agreement for Peace in Bosnia and
Herzegovina, together with annexes relating thereto, done at
Dayton, November 10 through 16, 1995.
(4) Tribunal.--The term ``Tribunal'' means the International
Criminal Tribunal for the Former Yugoslavia.
(k) Role of Human Rights Organizations and Government Agencies.--In
carrying out this section, the Secretary of State, the Administrator of
the Agency for International Development, and the executive directors of
the international financial institutions shall consult with
representatives of human rights organizations and all government
agencies with relevant information to help prevent publicly indicted war
criminals from benefiting from any financial or technical assistance or
grants provided to any country or entity described in subsection (e).
to prohibit foreign assistance to the government of the russian
federation should it enact laws which would discriminate against
minority religious faiths in the russian federation
Sec. 567. None of the funds appropriated under this Act may be made
available for the Government of the Russian Federation, after 180 days
from the date of the enactment of this Act, unless the President
determines and certifies in writing to the Committees on Appropriations
and the Committee on Foreign Relations of the Senate that the Government
of the Russian Federation has implemented no statute, executive order,
regulation or similar government action that would discriminate, or
would have as its principal effect discrimination, against religious
groups or religious communities in the Russian Federation in violation
of accepted international agreements on human rights and religious
freedoms to which the Russian Federation is a party.
greenhouse gas emissions
Sec. 568. (a) Funds made available in this Act to support programs
or activities the primary purpose of which is promoting or assisting
country participation in the Kyoto Protocol to the Framework Convention
on Climate Change (FCCC) shall only be made available subject to the
regular notification procedures of the Committees on Appropriations.
(b) The President shall provide a detailed account of all Federal
agency obligations and expenditures for climate change programs and
activities, domestic and international obligations for such activities
in fiscal year 2000, and any plan for programs thereafter related to the
implementation or the furtherance of protocols pursuant to, or related
to negotiations to amend the FCCC in conjunction with the President's
submission of the Budget of the United States Government for Fiscal Year
2001: Provided, That such report shall include an accounting of
expenditures by agency with each agency identifying climate change
activities and associated costs by line item as presented in the
President's Budget Appendix: Provided
[[Page 113 STAT. 1501A-110]]
further, That such report shall identify with regard to the Agency for
International Development, obligations and expenditures by country or
central program and activity.
excess defense articles for certain european countries
Sec. 569. Section 105 of Public Law 104-164 (110 Stat. 1427) is
amended by striking ``1996 and 1997'' and inserting ``1999 and 2000''.
aid to the government of the democratic republic of congo
Sec. 570. None of the funds appropriated or otherwise made available
by this Act may be provided to the Central Government of the Democratic
Republic of Congo.
assistance for the middle east
Sec. 571. Of the funds appropriated in titles II and III of this Act
under the headings ``Economic Support Fund'', ``Foreign Military
Financing Program'', ``International Military Education and Training'',
``Peacekeeping Operations'', for refugees resettling in Israel under the
heading ``Migration and Refugee Assistance'', and for assistance for
Israel to carry out provisions of chapter 8 of part II of the Foreign
Assistance Act of 1961 under the heading ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', not more than a total of
$5,321,150,000 may be made available for Israel, Egypt, Jordan, Lebanon,
the West Bank and Gaza, the Israel-Lebanon Monitoring Group, the
Multinational Force and Observers, the Middle East Regional Democracy
Fund, Middle East Regional Cooperation, and Middle East Multilateral
Working Groups: Provided, That any funds that were appropriated under
such headings in prior fiscal years and that were at the time of the
enactment of this Act obligated or allocated for other recipients may
not during fiscal year 2000 be made available for activities that, if
funded under this Act, would be required to count against this ceiling:
Provided further, That funds may be made available notwithstanding the
requirements of this section if the President determines and certifies
to the Committees on Appropriations that it is important to the national
security interest of the United States to do so and any such additional
funds shall only be provided through the regular notification procedures
of the Committees on Appropriations.
enterprise fund restrictions
Sec. 572. Prior to the distribution of any assets resulting from any
liquidation, dissolution, or winding up of an Enterprise Fund, in whole
or in part, the President shall submit to the Committees on
Appropriations, in accordance with the regular notification procedures
of the Committees on Appropriations, a plan for the distribution of the
assets of the Enterprise Fund.
cambodia
Sec. 573. (a) The Secretary of the Treasury should instruct the
United States executive directors of the international financial
institutions to use the voice and vote of the United States to
[[Page 113 STAT. 1501A-111]]
oppose loans to the Central Government of Cambodia, except loans to
support basic human needs.
(b) None of the funds appropriated by this Act may be made available
for assistance for the Central Government of Cambodia.
customs assistance
Sec. 574. Section 660(b) of the Foreign Assistance Act of 1961 is
amended by--
(1) striking the period at the end of paragraph (6) and
inserting a semicolon; and
(2) adding the following new paragraph:
``(7) with respect to assistance provided to customs
authorities and personnel, including training, technical
assistance and equipment, for customs law enforcement
and the improvement of customs laws, systems and
procedures.''.
foreign military training report
Sec. 575. (a) The Secretary of Defense and the Secretary of State
shall jointly provide to the Congress by March 1, 2000, a report on all
military training provided to foreign military personnel (excluding
sales, and excluding training provided to the military personnel of
countries belonging to the North Atlantic Treaty Organization) under
programs administered by the Department of Defense and the Department of
State during fiscal years 1999 and 2000, including those proposed for
fiscal year 2000. This report shall include, for each such military
training activity, the foreign policy justification and purpose for the
training activity, the cost of the training activity, the number of
foreign students trained and their units of operation, and the location
of the training. In addition, this report shall also include, with
respect to United States personnel, the operational benefits to United
States forces derived from each such training activity and the United
States military units involved in each such training activity. This
report may include a classified annex if deemed necessary and
appropriate.
(b) For purposes of this section a report to Congress shall be
deemed to mean a report to the Appropriations and Foreign Relations
Committees of the Senate and the Appropriations and International
Relations Committees of the House of Representatives.
korean peninsula energy development organization
Sec. 576. (a) Of the funds made available under the heading
``Nonproliferation, Anti-terrorism, Demining and Related Programs'', not
to exceed $35,000,000 may be made available for the Korean Peninsula
Energy Development Organization (hereafter referred to in this section
as ``KEDO''), notwithstanding any other provision of law, only for the
administrative expenses and heavy fuel oil costs associated with the
Agreed Framework.
(b) Of the funds made available for KEDO, up to $15,000,000 may be
made available prior to June 1, 2000, if, 30 days prior to such
obligation of funds, the President certifies and so reports to Congress
that--
(1) the parties to the Agreed Framework have taken and
continue to take demonstrable steps to implement the Joint
[[Page 113 STAT. 1501A-112]]
Declaration on Denuclearization of the Korean Peninsula in which
the Government of North Korea has committed not to test,
manufacture, produce, receive, possess, store, deploy, or use
nuclear weapons, and not to possess nuclear reprocessing or
uranium enrichment facilities;
(2) the parties to the Agreed Framework have taken and
continue to take demonstrable steps to pursue the North-South
dialogue;
(3) North Korea is complying with all provisions of the
Agreed Framework;
(4) North Korea has not diverted assistance provided by the
United States for purposes for which it was not intended; and
(5) North Korea is not seeking to develop or acquire the
capability to enrich uranium, or any additional capability to
reprocess spent nuclear fuel.
(c) Of the funds made available for KEDO, up to $20,000,000 may be
made available on or after June 1, 2000, if, 30 days prior to such
obligation of funds, the President certifies and so reports to Congress
that--
(1) the effort to can and safely store all spent fuel from
North Korea's graphite-moderated nuclear reactors has been
successfully concluded;
(2) North Korea is complying with its obligations under the
agreement regarding access to suspect underground construction;
(3) North Korea has terminated its nuclear weapons program,
including all efforts to acquire, develop, test, produce, or
deploy such weapons; and
(4) the United States has made and is continuing to make
significant progress on eliminating the North Korean ballistic
missile threat, including further missile tests and its
ballistic missile exports.
(d) The President may waive the certification requirements of
subsections (b) and (c) if the President determines that it is vital to
the national security interests of the United States and provides
written policy justifications to the appropriate congressional
committees prior to his exercise of such waiver. No funds may be
obligated for KEDO until 30 days after submission to Congress of such
waiver.
(e) The Secretary of State shall submit to the appropriate
congressional committees a report (to be submitted with the annual
presentation for appropriations) providing a full and detailed
accounting of the fiscal year 2001 request for the United States
contribution to KEDO, the expected operating budget of the KEDO, to
include unpaid debt, proposed annual costs associated with heavy fuel
oil purchases, and the amount of funds pledged by other donor nations
and organizations to support KEDO activities on a per country basis, and
other related activities.
african development foundation
Sec. 577. Funds made available to grantees of the African
Development Foundation may be invested pending expenditure for project
purposes when authorized by the President of the Foundation: Provided,
That interest earned shall be used only for the purposes for which the
grant was made: Provided further, That this authority applies to
interest earned both prior to and following
[[Page 113 STAT. 1501A-113]]
the enactment of this provision: Provided further, That notwithstanding
section 505(a)(2) of the African Development Foundation Act, in
exceptional circumstances the board of directors of the Foundation may
waive the $250,000 limitation contained in that section with respect to
a project: Provided further, That the Foundation shall provide a report
to the Committees on Appropriations in advance of exercising such waiver
authority.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 578. None of the funds appropriated or otherwise made available
by this Act may be used to provide equipment, technical support,
consulting services, or any other form of assistance to the Palestinian
Broadcasting Corporation.
voluntary separation incentives for employees of the united states
agency for international development
Sec. 579. (a) Definitions.--For the purposes of this section--
(1) the term ``agency'' means the United States Agency for
International Development;
(2) the term ``Administrator'' means the Administrator,
United States Agency for International Development; and
(3) the term ``employee'' means an employee (as defined by
section 2105 of title 5, United States Code) who is employed by
the agency, is serving under an appointment without time
limitation, and has been currently employed for a continuous
period of at least 3 years, but does not include--
(A) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84 of title 5, United States Code,
or another retirement system for employees of the
agency;
(B) an employee having a disability on the basis of
which such employee is or would be eligible for
disability retirement under the applicable retirement
system referred to in subparagraph (A);
(C) an employee who is to be separated involuntarily
for misconduct or unacceptable performance, and to whom
specific notice has been given with respect to that
separation;
(D) an employee who has previously received any
voluntary separation incentive payment by the Government
of the United States under this section or any other
author- ity and has not repaid such payment;
(E) an employee covered by statutory reemployment
rights who is on transfer to another organization; or
(F) any employee who, during the 24-month period
preceding the date of separation, received a recruitment
or relocation bonus under section 5753 of title 5,
United States Code, or who, within the 12-month period
preceding the date of separation, received a retention
allowance under section 5754 of such title 5, United
States Code.
(b) Agency Strategic Plan.--
(1) In general.--The Administrator, before obligating any
resources for voluntary separation incentive payments under this
section, shall submit to the Committees on Appropriations and
the Office of Management and Budget a strategic plan outlining
the intended use of such incentive payments and
[[Page 113 STAT. 1501A-114]]
a proposed organizational chart for the agency once such
incentive payments have been completed.
(2) Contents.--The agency's plan shall include--
(A) the positions and functions to be reduced or
eliminated, identified by organizational unit,
geographic location, occupational category and grade
level;
(B) the number and amounts of voluntary separation
incentive payments to be offered;
(C) a description of how the agency will operate
without the eliminated positions and functions; and
(D) the time period during which incentives may be
paid.
(3) Approval.--The Director of the Office of Management and
Budget shall review the agency's plan and approve or disapprove
the plan and may make appropriate modifications in the plan with
respect to the coverage of incentives as described under
paragraph (2)(A), and with respect to the matters described in
paragraphs (2)(B) through (D).
(c) Authority To Provide Voluntary Separation Incentive Payments.--
(1) In general.--A voluntary separation incentive payment
under this section may be paid by the agency to employees of
such agency and only to the extent necessary to eliminate the
positions and functions identified by the strategic plan.
(2) Amount and treatment of payments.--A voluntary
separation incentive payment under this section--
(A) shall be paid in a lump sum after the employee's
separation;
(B) shall be paid from appropriations or funds
available for the payment of the basic pay of the
employees;
(C) shall be equal to the lesser of--
(i) an amount equal to the amount the employee
would be entitled to receive under section 5595(c)
of title 5, United States Code, if the employee
were entitled to payment under such section; or
(ii) an amount determined by the agency head
not to exceed $25,000;
(D) may not be made except in the case of any
employee who voluntarily separates (whether by
retirement or resignation) on or before December 31,
2000;
(E) shall not be a basis for payment, and shall not
be included in the computation, of any other type of
Government benefit; and
(F) shall not be taken into account in determining
the amount of any severance pay to which the employee
may be entitled under section 5595 of title 5, United
States Code, based on any other separation.
(d) Additional Agency Contributions to the Retirement Fund.--
(1) In general.--In addition to any other payments which it
is required to make under subchapter III of chapter 83 or
chapter 84 of title 5, United States Code, the agency shall
remit to the Office of Personnel Management for deposit in the
Treasury of the United States to the credit of the Civil Service
Retirement and Disability Fund an amount equal to 15 percent of
the final basic pay of each employee of the agency who is
covered under subchapter III of chapter 83
[[Page 113 STAT. 1501A-115]]
or chapter 84 of title 5, United States Code, to whom a
voluntary separation incentive has been paid under this section.
(2) Definition.--For the purpose of paragraph (1), the term
``final basic pay'', with respect to an employee, means the
total amount of basic pay which would be payable for a year of
service by such employee, computed using the employee's final
rate of basic pay, and, if last serving on other than a full-
time basis, with appropriate adjustment therefor.
(e) Effect of Subsequent Employment With the Government.--
(1) An individual who has received a voluntary separation
incentive payment under this section and accepts any employment
for compensation with the Government of the United States, or
who works for any agency of the Government of the United States
through a personal services contract, within 5 years after the
date of the separation on which the payment is based shall be
required to pay, prior to the individual's first day of
employment, the entire amount of the incentive payment to the
agency that paid the incentive payment.
(2) If the employment under paragraph (1) is with an
Executive agency (as defined by section 105 of title 5, United
States Code), the United States Postal Service, or the Postal
Rate Commission, the Director of the Office of Personnel
Management may, at the request of the head of the agency, waive
the repayment if the individual involved possesses unique
abilities and is the only qualified applicant available for the
position.
(3) If the employment under paragraph (1) is with an entity
in the legislative branch, the head of the entity or the
appointing official may waive the repayment if the individual
involved possesses unique abilities and is the only qualified
applicant available for the position.
(4) If the employment under paragraph (1) is with the
judicial branch, the Director of the Administrative Office of
the United States Courts may waive the repayment if the
individual involved possesses unique abilities and is the only
qualified applicant for the position.
(f ) Reduction of Agency Employment Levels.--
(1) In general.--The total number of funded employee
positions in the agency shall be reduced by one position for
each vacancy created by the separation of any employee who has
received, or is due to receive, a voluntary separation incentive
payment under this section. For the purposes of this subsection,
positions shall be counted on a full-time-equivalent basis.
(2) Enforcement.--The President, through the Office of
Management and Budget, shall monitor the agency and take any
action necessary to ensure that the requirements of this
subsection are met.
(g) Regulations.--The Office of Personnel Management may prescribe
such regulations as may be necessary to implement this section.
iraq opposition
Sec. 580. Notwithstanding any other provision of law, of the funds
appropriated under the heading ``Economic Support Fund'', $10,000,000
shall be made available to support efforts to bring
[[Page 113 STAT. 1501A-116]]
about political transition in Iraq, of which not less than $8,000,000
shall be made available only to Iraqi opposition groups designated under
the Iraq Liberation Act (Public Law 105-338) for political, economic,
humanitarian, and other activities of such groups, and not more than
$2,000,000 may be made available for groups and activities seeking the
prosecution of Saddam Hussein and other Iraqi government officials for
war crimes.
agency for international development budget submission
Sec. 581. Beginning with the fiscal year 2001 budget, the Agency for
International Development shall submit to the Committees on
Appropriations a detailed budget for each fiscal year. The Agency shall
submit to the Committees on Appropriations a proposed budget format no
later than October 31, 1999, or 30 days after the enactment of this Act,
whichever occurs later. The proposed format shall include how the
Agency's budget submission will address: (1) estimated levels of
obligations for the current fiscal year and actual levels for the two
previous fiscal years; (2) the President's request for new budget
authority and estimated carryover obligational authority for the budget
year; (3) the disaggregation of budget data by program and activity for
each bureau, field mission, and central office; and (4) staff levels
identified by program.
american churchwomen in el salvador
Sec. 582. (a) Information relevant to the December 2, 1980 murders
of four American churchwomen in El Salvador shall be made public to the
fullest extent possible.
(b) The Secretary of State and the Department of State are to be
commended for fully releasing information regarding the murders.
(c) The President shall order all Federal agencies and departments
that possess relevant information to make every effort to declassify and
release to the victims' families relevant information as expeditiously
as possible.
(d) In making determinations concerning the declassification and
release of relevant information, the Federal agencies and departments
shall presume in favor of releasing, rather than of withholding, such
information.
(e) Not later than 45 days after the date of the enactment of this
Act, the Attorney General shall provide a report to the Committees on
Appropriations describing in detail the circumstances under which
individuals involved in the murders or the cover-up of the murders
obtained residence in the United States.
kyoto protocol
Sec. 583. None of the funds appropriated by this Act shall be used
to propose or issue rules, regulations, decrees, or orders for the
purpose of implementation, or in preparation for implementation, of the
Kyoto Protocol, which was adopted on December 11, 1997, in Kyoto, Japan,
at the Third Conference of the Parties to the United States Framework
Convention on Climate Change, which has not been submitted to the Senate
for advice and consent to ratification pursuant to article II, section
2, clause
[[Page 113 STAT. 1501A-117]]
2, of the United States Constitution, and which has not entered into
force pursuant to article 25 of the Protocol.
additional requirements relating to stockpiling of defense articles for
foreign countries
Sec. 584. (a) Value of Additions to Stockpiles.--Section
514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h(b)(2)(A)) is amended by striking ``$50,000,000 for each of the
fiscal years 1996 and 1997, $60,000,000 for fiscal year 1998, and'' and
inserting before the period at the end, the following: ``and $60,000,000
for fiscal year 2000''.
(b) Requirements Relating to the Republic of Korea and Thailand.--
Section 514(b)(2)(B) of such Act (22 U.S.C. 2321h(b)(2)(B)) is amended
by striking ``Of the amount specified in subparagraph (A) for each of
the fiscal years 1996 and 1997, not more than $40,000,000 may be made
available for stockpiles in the Republic of Korea and not more than
$10,000,000 may be made available for stockpiles in Thailand. Of the
amount specified in subparagraph (A) for fiscal year 1998, not more than
$40,000,000 may be made available for stockpiles in the Republic of
Korea and not more than $20,000,000 may be made available for stockpiles
in Thailand.''; and at the end inserting the following sentence: ``Of
the amount specified in subparagraph (A) for fiscal year 2000, not more
than $40,000,000 may be made available for stockpiles in the Republic of
Korea and not more than $20,000,000 may be made available for stockpiles
in Thailand.''.
russian leadership program
Sec. 585. Section 3011 of the 1999 Emergency Supplemental
Appropriations Act (Public Law 106-31; 113 Stat. 93) is amended--
(1) by striking ``fiscal year 1999'' in subsections (a)(1),
(b)(4)(B), (d)(3), and (h)(1)(A) and inserting ``fiscal years
1999 and 2000''; and
(2) by striking ``2000'' in subsection (a)(2), (e)(1), and
(h)(1)(B) and inserting ``2001''.
abolition of the inter-american foundation
Sec. 586. (a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(2) Foundation.--The term ``Foundation'' means the Inter-
American Foundation.
(3) Function.--The term ``function'' means any duty,
obligation, power, authority, responsibility, right, privilege,
activity, or program.
(b) Abolition of Inter-American Foundation.--During fiscal year
2000, the President is authorized to abolish the Inter-American
Foundation. The provisions of this section shall only be effective upon
the effective date of the abolition of the Inter-American Foundation.
(c) Termination of Functions.--
(1) Except as provided in subsection (d)(2), there are
terminated upon the abolition of the Foundation all functions
vested in, or exercised by, the Foundation or any official
thereof, under any statute, reorganization plan, Executive
order, or
[[Page 113 STAT. 1501A-118]]
other provisions of law, as of the day before the effective date
of this section.
(2) Repeal.--Section 401 of the Foreign Assistance Act of
1969 (22 U.S.C. 6290f) is repealed upon the effective date
specified in subsection ( j).
(3) Final disposition of funds.--Upon the date of
transmittal to Congress of the certification described in
subsection (d)(4), all unexpended balances of appropriations of
the Foundation shall be deposited in the miscellaneous receipts
account of the Treasury of the United States.
(d) Responsibilities of the Director of the Office of Management and
Budget.--
(1) In general.--The Director of the Office of Management
and Budget shall be responsible for--
(A) the administration and wind-up of any
outstanding obligation of the Federal Government under
any contract or agreement entered into by the Foundation
before the date of the enactment of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2000, except that the authority of
this subparagraph does not include the renewal or
extension of any such contract or agreement; and
(B) taking such other actions as may be necessary to
wind-up any outstanding affairs of the Foundation.
(2) Transfer of functions to the director.--There are
transferred to the Director such functions of the Foundation
under any statute, reorganization plan, Executive order, or
other provision of law, as of the day before the date of the
enactment of this section, as may be necessary to carry out the
responsibilities of the Director under paragraph (1).
(3) Authorities of the director.--For purposes of performing
the functions of the Director under paragraph (1) and subject to
the availability of appropriations, the Director may--
(A) enter into contracts;
(B) employ experts and consultants in accordance
with section 3109 of title 5, United States Code, at
rates for individuals not to exceed the per diem rate
equivalent to the rate for level IV of the Executive
Schedule; and
(C) utilize, on a reimbursable basis, the services,
facilities, and personnel of other Federal agencies.
(4) Certification required.--Whenever the Director
determines that the responsibilities described in paragraph (1)
have been fully discharged, the Director shall so certify to the
appropriate congressional committees.
(e) Report to Congress.--The Director of the Office of Management
and Budget shall submit to the appropriate congressional committees a
detailed report in writing regarding all matters relating to the
abolition and termination of the Foundation. The report shall be
submitted not later than 90 days after the termination of the
Foundation.
(f ) Transfer and Allocation of Appropriations.--Except as otherwise
provided in this section, the assets, liabilities (including contingent
liabilities arising from suits continued with a substitution or addition
of parties under subsection (g)(3)), contracts, property, records, and
unexpended balance of appropriations, authorizations, allocations, and
other funds employed, held, used, arising from, available to, or to be
made available in connection
[[Page 113 STAT. 1501A-119]]
with the functions, terminated by subsection (c)(1) or transferred by
subsection (d)(2) shall be transferred to the Director for purposes of
carrying out the responsibilities described in subsection (d)(1).
(g) Savings Provisions.--
(1) Continuing legal force and effect.--All orders,
determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges,
and other administrative actions--
(A) that have been issued, made, granted, or allowed
to become effective by the Foundation in the performance
of functions that are terminated or transferred under
this section; and
(B) that are in effect as of the date of the
abolition of the Foundation, or were final before such
date and are to become effective on or after such date,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Director, or other
authorized official, a court of competent jurisdiction, or by
operation of law.
(2) No effect on judicial or administrative proceedings.--
Except as otherwise provided in this section--
(A) the provisions of this section shall not affect
suits commenced prior to the date of the abolition of
the Foundation; and
(B) in all such suits, proceedings shall be had,
appeals taken, and judgments rendered in the same manner
and effect as if this section had not been enacted.
(3) Nonabatement of proceedings.--No suit, action, or other
proceeding commenced by or against any officer in the official
capacity of such individual as an officer of the Foundation
shall abate by reason of the enactment of this section. No cause
of action by or against the Foundation, or by or against any
officer thereof in the official capacity of such officer, shall
abate by reason of the enactment of this section.
(4) Continuation of proceeding with substitution of
parties.--If, before the date of the abolition of the
Foundation, the Foundation, or officer thereof in the official
capacity of such officer, is a party to a suit, then effective
on such date such suit shall be continued with the Director
substituted or added as a party.
(5) Reviewability of orders and actions under transferred
functions.--Orders and actions of the Director in the exercise
of functions terminated or transferred under this section shall
be subject to judicial review to the same extent and in the same
manner as if such orders and actions had been taken by the
Foundation immediately preceding their termination or transfer.
Any statutory requirements relating to notice, hearings, action
upon the record, or administrative review that apply to any
function transferred by this section shall apply to the exercise
of such function by the Director.
(h) Conforming Amendments.--
(1) African development foundation.--Section 502 of the
International Security and Development Cooperation Act of 1980
(22 U.S.C. 290h) is amended--
(A) by inserting ``and'' at the end of paragraph
(2);
[[Page 113 STAT. 1501A-120]]
(B) by striking the semicolon at the end of
paragraph (3) and inserting a period; and
(C) by striking paragraphs (4) and (5).
(2) Social progress trust fund agreement.--Section 36 of the
Foreign Assistance Act of 1973 is amended--
(A) in subsection (a)--
(i) by striking ``provide for'' and all that
follows through ``(2) utilization'' and inserting
``provide for the utilization''; and
(ii) by striking ``member countries;'' and all
that follows through ``paragraph (2)'' and
inserting ``member countries.'';
(B) in subsection (b), by striking ``transfer or'';
(C) by striking subsection (c);
(D) by redesignating subsection (d) as subsection
(c); and
(E) in subsection (c) (as so redesignated), by
striking ``transfer or''.
(3) Foreign assistance act of 1961.--Section 222A(d) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2182a(d)) is repealed.
(i) Definition.--In this section, the term ``appropriate
congressional committees'' means the Committee on Appropriations and the
Committee on Foreign Relations of the Senate and the Committee on
Appropriations and the Committee on International Relations of the House
of Representatives.
( j) Effective Dates.--The repeal made by subsection (c)(2) and the
amendments made by subsection (h) shall take effect upon the date of
transmittal to Congress of the certification described in subsection
(d)(4).
west bank and gaza program
Sec. 587. For fiscal year 2000, 30 days prior to the initial
obligation of funds for the bilateral West Bank and Gaza Program, the
Secretary of State shall certify to the appropriate committees of
Congress that procedures have been established to assure the Comptroller
General of the United States will have access to appropriate United
States financial information in order to review the uses of United
States assistance for the Program funded under the heading ``Economic
Support Fund'' for the West Bank and Gaza.
human rights assistance
Sec. 588. Of the funds made available under the heading
``International Narcotics Control and Law Enforcement'', not less than
$500,000 should be provided to the Colombia Attorney General's Human
Rights Unit, not less than $500,000 should be made available to support
the activities of Colombian nongovernmental organizations involved in
human rights monitoring, not less than $250,000 should be provided to
the United Nations High Commissioner for Human Rights to assist the
Government of Colombia in strengthening its human rights policies and
programs, not less than $1,000,000 should be made available for
personnel and other resources to enhance United States Embassy
monitoring of assistance to the Colombian security forces and responding
to reports of human rights violations, and not less than $5,000,000
should
[[Page 113 STAT. 1501A-121]]
be made available for administration of justice programs including
support for the Colombia Attorney General's Technical Investigations
Unit.
indonesia
Sec. 589. (a) Funds appropriated by this Act under the headings
``International Military Education and Training'' and ``Foreign Military
Financing Program'' may be made available for Indonesia if the President
determines and submits a report to the appropriate congressional
committees that the Indonesian government and the Indonesian armed
forces are--
(1) taking effective measures to bring to justice members of
the armed forces and militia groups against whom there is
credible evidence of human rights violations;
(2) taking effective measures to bring to justice members of
the armed forces against whom there is credible evidence of
aiding or abetting militia groups;
(3) allowing displaced persons and refugees to return home
to East Timor, including providing safe passage for refugees
returning from West Timor;
(4) not impeding the activities of the International Force
in East Timor (INTERFET) or its successor, the United Nations
Transitional Authority in East Timor (UNTAET);
(5) demonstrating a commitment to preventing incursions into
East Timor by members of militia groups in West Timor; and
(6) demonstrating a commitment to accountability by
cooperating with investigations and prosecutions of members of
the Indonesian armed forces and militia groups responsible for
human rights violations in Indonesia and East Timor.
man and the biosphere
Sec. 590. None of the funds appropriated or otherwise made available
by this Act may be provided for the United Nations Man and the Biosphere
Program or the United Nations World Heritage Fund for programs in the
United States.
immunity of federal republic of yugoslavia
Sec. 591. (a) Subject to subsection (b), the Federal Republic of
Yugoslavia shall be deemed to be a state sponsor of terrorism for the
purposes of 28 U.S.C. 1605(a)(7).
(b) This section shall not apply to Montenegro or Kosova.
(c) This section shall become null and void when the President
certifies in writing to the Congress that the Federal Republic of
Yugoslavia (other than Montenegro and Kosova) has completed a democratic
reform process that results in a newly elected government that respects
the rights of ethnic minorities, is committed to the rule of law and
respects the sovereignty of its neighbor states.
(d) The certification provided for in subsection (c) shall not
affect the continuation of litigation commenced against the Federal
Republic of Yugoslavia prior to its fulfillment of the conditions in
subsection (c).
[[Page 113 STAT. 1501A-122]]
united states assistance policy for opposition-controlled areas of sudan
Sec. 592. (a) Notwithstanding any other provision of law, the
President, acting through appropriate Federal agencies, may provide food
assistance to groups engaged in the protection of civilian populations
from attacks by regular government of Sudan forces, associated militias,
or other paramilitary groups supported by the Government of Sudan. Such
assistance may only be provided in a way that: (1) does not endanger,
compromise or otherwise reduce the United States' support for
unilateral, multilateral or private humanitarian operations or the
beneficiaries of those operations; or (2) compromise any ongoing or
future people-to-people reconciliation efforts. Any such assistance
shall be provided separate from and not in proximity to current
humanitarian efforts, both within Operation Lifeline Sudan or outside of
Operation Lifeline Sudan, or any other current or future humanitarian
operations which serve noncombatants. In considering eligibility of
potential recipients, the President shall determine that the group
respects human rights, democratic principles, and the integrity of
ongoing humanitarian operations, and cease such assistance if the
determination can no longer be made.
(b) Not later than February 1, 2000, the President shall submit to
the Committees on Appropriations a report on United States bilateral
assistance to opposition-controlled areas of Sudan. Such report shall
include--
(1) an accounting of United States bilateral assistance to
opposition-controlled areas of Sudan, provided in fiscal years
1997, 1998, 1999, and proposed for fiscal year 2000, and the
goals and objectives of such assistance;
(2) the policy implications and costs, including logistics
and administrative costs, associated with providing humanitarian
assistance, including food, directly to National Democratic
Alliance participants and the Sudanese People's Liberation
Movement operating outside of the United Nations' Operation
Lifeline Sudan structure, and the United States agencies best
suited to administer these activities; and
(3) the policy implications of increasing substantially the
amount of development assistance for democracy promotion, civil
administration, judiciary, and infrastructure support in
opposition-controlled areas of Sudan and the obstacles to
administering a development assistance program in this region.
consultations on arms sales to taiwan
Sec. 593. Consistent with the intent of Congress expressed in the
enactment of section 3(b) of the Taiwan Relations Act, the Secretary of
State shall consult with the appropriate committees and leadership of
Congress to devise a mechanism to provide for congressional input prior
to making any determination on the nature or quantity of defense
articles and services to be made available to Taiwan.
authorizations
Sec. 594. The Secretary of the Treasury may, to fulfill commitments
of the United States: (1) effect the United States participation in the
fifth general capital increase of the African Development
[[Page 113 STAT. 1501A-123]]
Bank, the first general capital increase of the Multilateral Investment
Guarantee Agency, and the first general capital increase of the Inter-
American Investment Corporation; and (2) contribute on behalf of the
United States to the eighth replenishment of the resources of the
African Development Fund and the twelfth replenishment of the
International Development Association. The following amounts are
authorized to be appropriated without fiscal year limitation for payment
by the Secretary of the Treasury: $40,847,011 for paid-in capital, and
$639,932,485 for callable capital, of the African Development Bank;
$29,870,087 for paid-in capital, and $139,365,533 for callable capital,
of the Multilateral Investment Guarantee Agency; $125,180,000 for paid-
in capital of the Inter-American Investment Corporation; $300,000,000
for the African Development Fund; and $2,410,000,000 for the
International Development Association.
assistance for costa rica
Sec. 595. Of the funds appropriated by Public Law 106-31, under the
heading ``Central America and the Caribbean Emergency Disaster Recovery
Fund'', $8,000,000 shall be made available only for Costa Rica.
silk road strategy act of 1999
Sec. 596. (a) Short Title.--This section may be cited as the ``Silk
Road Strategy Act of 1999''.
(b) Amendment to the Foreign Assistance Act of 1961.--Part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by
adding at the end the following new chapter:
``CHAPTER 12--SUPPORT FOR THE ECONOMIC AND POLITICAL INDEPENDENCE OF THE
COUNTRIES OF THE SOUTH CAUCASUS AND CENTRAL ASIA
``SEC. 499. UNITED STATES ASSISTANCE TO PROMOTE RECONCILIATION AND
RECOVERY FROM REGIONAL CONFLICTS.
``(a) Purpose of Assistance.--The purposes of assistance under this
section include--
``(1) the creation of the basis for reconciliation between
belligerents;
``(2) the promotion of economic development in areas of the
countries of the South Caucasus and Central Asia impacted by
civil conflict and war; and
``(3) the encouragement of broad regional cooperation among
countries of the South Caucasus and Central Asia that have been
destabilized by internal conflicts.
``(b) Authorization for Assistance.--
``(1) In general.--To carry out the purposes of subsection
(a), the President is authorized to provide humanitarian
assistance and economic reconstruction assistance for the
countries of the South Caucasus and Central Asia to support the
activities described in subsection (c).
``(2) Definition of humanitarian assistance.--In this
subsection, the term `humanitarian assistance' means assistance
to meet humanitarian needs, including needs for food, medicine,
medical supplies and equipment, education, and clothing.
[[Page 113 STAT. 1501A-124]]
``(c) Activities Supported.--Activities that may be supported by
assistance under subsection (b) include--
``(1) providing for the humanitarian needs of victims of the
conflicts;
``(2) facilitating the return of refugees and internally
displaced persons to their homes; and
``(3) assisting in the reconstruction of residential and
economic infrastructure destroyed by war.
``SEC. 499A. ECONOMIC ASSISTANCE.
``(a) Purpose of Assistance.--The purpose of assistance under this
section is to foster economic growth and development, including the
conditions necessary for regional economic cooperation, in the South
Caucasus and Central Asia.
``(b) Authorization for Assistance.--To carry out the purpose of
subsection (a), the President is authorized to provide assistance for
the countries of the South Caucasus and Central Asia to support the
activities described in subsection (c).
``(c) Activities Supported.--In addition to the activities described
in section 498, activities supported by assistance under subsection (b)
should support the development of the structures and means necessary for
the growth of private sector economies based upon market principles.
``SEC. 499B. DEVELOPMENT OF INFRASTRUCTURE.
``(a) Purpose of Programs.--The purposes of programs under this
section include--
``(1) to develop the physical infrastructure necessary for
regional cooperation among the countries of the South Caucasus
and Central Asia; and
``(2) to encourage closer economic relations and to
facilitate the removal of impediments to cross-border commerce
among those countries and the United States and other developed
nations.
``(b) Authorization for Programs.--To carry out the purposes of
subsection (a), the following types of programs for the countries of the
South Caucasus and Central Asia may be used to support the activities
described in subsection (c):
``(1) Activities by the Export-Import Bank to complete the
review process for eligibility for financing under the Export-
Import Bank Act of 1945.
``(2) The provision of insurance, reinsurance, financing, or
other assistance by the Overseas Private Investment Corporation.
``(3) Assistance under section 661 of this Act (relating to
the Trade and Development Agency).
``(c) Activities Supported.--Activities that may be supported by
programs under subsection (b) include promoting actively the
participation of United States companies and investors in the planning,
financing, and construction of infrastructure for communications,
transportation, including air transportation, and energy and trade
including highways, railroads, port facilities, shipping, banking,
insurance, telecommunications networks, and gas and oil pipelines.
``SEC. 499C. BORDER CONTROL ASSISTANCE.
``(a) Purpose of Assistance.--The purpose of assistance under this
section includes the assistance of the countries of the South
[[Page 113 STAT. 1501A-125]]
Caucasus and Central Asia to secure their borders and implement
effective controls necessary to prevent the trafficking of illegal
narcotics and the proliferation of technology and materials related to
weapons of mass destruction (as defined in section 2332a(c)(2) of title
18, United States Code), and to contain and inhibit transnational
organized criminal activities.
``(b) Authorization for Assistance.--To carry out the purpose of
subsection (a), the President is authorized to provide assistance to the
countries of the South Caucasus and Central Asia to support the
activities described in subsection (c).
``(c) Activities Supported.--Activities that may be supported by
assistance under subsection (b) include assisting those countries of the
South Caucasus and Central Asia in developing capabilities to maintain
national border guards, coast guard, and customs controls.
``SEC. 499D. STRENGTHENING DEMOCRACY, TOLERANCE, AND THE DEVELOPMENT OF
CIVIL SOCIETY.
``(a) Purpose of Assistance.--The purpose of assistance under this
section is to promote institutions of democratic government and to
create the conditions for the growth of pluralistic societies, including
religious tolerance and respect for internationally recognized human
rights.
``(b) Authorization for Assistance.--To carry out the purpose of
subsection (a), the President is authorized to provide the following
types of assistance to the countries of the South Caucasus and Central
Asia:
``(1) Assistance for democracy building, including programs
to strengthen parliamentary institutions and practices.
``(2) Assistance for the development of nongovernmental
organizations.
``(3) Assistance for development of independent media.
``(4) Assistance for the development of the rule of law, a
strong independent judiciary, and transparency in political
practice and commercial transactions.
``(5) International exchanges and advanced professional
training programs in skill areas central to the development of
civil society.
``(6) Assistance to promote increased adherence to civil and
political rights under section 116(e) of this Act.
``(c) Activities Supported.--Activities that may be supported by
assistance under subsection (b) include activities that are designed to
advance progress toward the development of democracy.
``SEC. 499E. ADMINISTRATIVE AUTHORITIES.
``(a) Assistance Through Governments and Nongovernmental
Organizations.--Assistance under this chapter may be provided to
governments or through nongovernmental organizations.
``(b) Use of Economic Support Funds.--Except as otherwise provided,
any funds that have been allocated under chapter 4 of part II for
assistance for the independent states of the former Soviet Union may be
used in accordance with the provisions of this chapter.
``(c) Terms and Conditions.--Assistance under this chapter shall be
provided on such terms and conditions as the President may determine.
[[Page 113 STAT. 1501A-126]]
``(d) Available Authorities.--The authority in this chapter to
provide assistance for the countries of the South Caucasus and Central
Asia is in addition to the authority to provide such assistance under
the FREEDOM Support Act (22 U.S.C. 5801 et seq.) or any other Act, and
the authorities applicable to the provision of assistance under chapter
11 may be used to provide assistance under this chapter.
``SEC. 499F. DEFINITIONS.
``In this chapter:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives.
``(2) Countries of the south caucasus and central asia.--The
term `countries of the South Caucasus and Central Asia' means
Armenia, Azerbaijan, Georgia, Kazakstan, Kyrgyzstan, Tajikistan,
Turkmenistan, and Uzbekistan.''.
(c) Conforming Amendments.--Section 102(a) of the FREEDOM Support
Act (Public Law 102-511) is amended in paragraphs (2) and (4) by
striking each place it appears ``this Act)'' and inserting ``this Act
and chapter 12 of part I of the Foreign Assistance Act of 1961)''.
(d) Annual Report.--Section 104 of the FREEDOM Support Act (22
U.S.C. 5814) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) with respect to the countries of the South Caucasus
and Central Asia--
``(A) an identification of the progress made by the
United States in accomplishing the policy described in
section 3 of the Silk Road Strategy Act of 1999;
``(B) an evaluation of the degree to which the
assistance authorized by chapter 12 of part I of the
Foreign Assistance Act of 1961 has accomplished the
purposes identified in that chapter;
``(C) a description of the progress being made by
the United States to resolve trade disputes registered
with and raised by the United States embassies in each
country, and to negotiate a bilateral agreement relating
to the protection of United States direct investment in,
and other business interests with, each country; and
``(D) recommendations of any additional initiatives
that should be undertaken by the United States to
implement the policy and purposes contained in the Silk
Road Strategy Act of 1999.''.
country reports on human rights practices
Sec. 597. Section 116 of the Foreign Assistance Act of 1961 is
amended by adding the following new subsection:
``(f )(1) The report required by subsection (d) shall include--
``(A) a list of foreign states where trafficking in persons,
especially women and children, originates, passes through, or is
a destination; and
[[Page 113 STAT. 1501A-127]]
``(B) an assessment of the efforts by the governments of the
states described in paragraph (A) to combat trafficking. Such an
assessment shall address--
``(i) whether government authorities in each such
state tolerate or are involved in trafficking
activities;
``(ii) which government authorities in each such
state are involved in anti-trafficking activities;
``(iii) what steps the government of each such state
has taken to prohibit government officials and other
individuals from participating in trafficking, including
the investigation, prosecution, and conviction of
individuals involved in trafficking;
``(iv) what steps the government of each such state
has taken to assist trafficking victims;
``(v) whether the government of each such state is
cooperating with governments of other countries to
extradite traffickers when requested;
``(vi) whether the government of each such state is
assisting in international investigations of
transnational trafficking networks; and
``(vii) whether the government of each such state
refrains from prosecuting trafficking victims or
refrains from other discriminatory treatment towards
victims.
``(2) In compiling data and assessing trafficking for the purposes
of paragraph (1), United States Diplomatic Mission personnel shall
consult with human rights and other appropriate nongovernmental
organizations.
``(3) For purposes of this subsection--
``(A) the term `trafficking' means the use of deception,
coercion, debt bondage, the threat of force, or the abuse of
authority to recruit, transport within or across borders,
purchase, sell, transfer, receive, or harbor a person for the
purposes of placing or holding such person, whether for pay or
not, in involuntary servitude, slavery or slavery-like
conditions, or in forced, bonded, or coerced labor;
``(B) the term `victim of trafficking' means any person
subjected to the treatment described in subparagraph (A).''.
opic maritime fund
Sec. 598. It is the sense of the Congress that the Overseas Private
Investment Corporation shall within 1 year from the date of the
enactment of this Act select a fund manager for the purpose of creating
a maritime fund with total capitalization of up to $200,000,000. This
fund shall leverage United States commercial maritime expertise to
support international maritime projects.
sanctions against serbia
Sec. 599. (a) Continuation of Executive Branch Sanctions.--The
sanctions listed in subsection (b) shall remain in effect for fiscal
year 2000, unless the President submits to the Committees on
Appropriations and Foreign Relations in the Senate and the Committees on
Appropriations and International Relations of the House of
Representatives a certification described in subsection (c).
(b) Applicable Sanctions.--
[[Page 113 STAT. 1501A-128]]
(1) The Secretary of the Treasury shall instruct the United
States executive directors of the international financial
institutions to work in opposition to, and vote against, any
extension by such institutions of any financial or technical
assistance or grants of any kind to the government of Serbia.
(2) The Secretary of State should instruct the United States
Ambassador to the Organization for Security and Cooperation in
Europe (OSCE) to block any consensus to allow the participation
of Serbia in the OSCE or any organization affiliated with the
OSCE.
(3) The Secretary of State should instruct the United States
Representative to the United Nations to vote against any
resolution in the United Nations Security Council to admit
Serbia to the United Nations or any organization affiliated with
the United Nations, to veto any resolution to allow Serbia to
assume the United Nations' membership of the former Socialist
Federal Republic of Yugoslavia, and to take action to prevent
Serbia from assuming the seat formerly occupied by the Socialist
Federal Republic of Yugoslavia.
(4) The Secretary of State should instruct the United States
Permanent Representative on the Council of the North Atlantic
Treaty Organization to oppose the extension of the Partnership
for Peace program or any other organization affiliated with NATO
to Serbia.
(5) The Secretary of State should instruct the United States
Representatives to the Southeast European Cooperative Initiative
(SECI) to oppose and to work to prevent the extension of SECI
membership to Serbia.
(c) Certification.--A certification described in this subsection is
a certification that--
(1) the representatives of the successor states to the
Socialist Federal Republic of Yugoslavia have successfully
negotiated the division of assets and liabilities and all other
succession issues following the dissolution of the Socialist
Federal Republic of Yugoslavia;
(2) the Government of Serbia is fully complying with its
obligations as a signatory to the General Framework Agreement
for Peace in Bosnia and Herzegovina;
(3) the Government of Serbia is fully cooperating with and
providing unrestricted access to the International Criminal
Tribunal for the former Yugoslavia, including surrendering
persons indicted for war crimes who are within the jurisdiction
of the territory of Serbia, and with the investigations
concerning the commission of war crimes and crimes against
humanity in Kosova;
(4) the Government of Serbia is implementing internal
democratic reforms; and
(5) Serbian federal governmental officials, and
representatives of the ethnic Albanian community in Kosova have
agreed on, signed, and begun implementation of a negotiated
settlement on the future status of Kosova.
(d) Statement of Policy.--It is the sense of the Congress that the
United States should not restore full diplomatic relations with Serbia
until the President submits to the Committees on Appropriations and
Foreign Relations in the Senate and the Committees on Appropriations and
International Relations in the
[[Page 113 STAT. 1501A-129]]
House of Representatives the certification described in subsection (c).
(e) Exemption of Montenegro and Kosova.--The sanctions described in
subsection (b) shall not apply to Montenegro or Kosova.
(f ) Definition.--The term ``international financial institution''
includes the International Monetary Fund, the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Multilateral
Investment Guaranty Agency, and the European Bank for Reconstruction and
Development.
(g) Waiver Authority.--The President may waive the application in
whole or in part, of any sanction described in subsection (b) if the
President certifies to the Congress that the President has determined
that the waiver is necessary to meet emergency humanitarian needs.
clean coal technology
Sec. 599A. (a) Findings.--The Congress finds as follows:
(1) The United States is the world leader in the development
of environmental technologies, particularly clean coal
technology.
(2) Severe pollution problems affecting people in developing
countries, and the serious health problems that result from such
pollution, can be effectively addressed through the application
of United States technology.
(3) During the next century, developing countries,
particularly countries in Asia such as China and India, will
dramatically increase their consumption of electricity, and low
quality coal will be a major source of fuel for power
generation.
(4) Without the use of modern clean coal technology, the
resultant pollution will cause enormous health and environmental
problems leading to diminished economic growth in developing
countries and, thus, diminished United States exports to those
growing markets.
(b) Statement of Policy.--It is the policy of the United States to
promote the export of United States clean coal technology. In
furtherance of that policy, the Secretary of State, the Secretary of the
Treasury (acting through the United States executive directors to
international financial institutions), the Secretary of Energy, and the
Administrator of the United States Agency for International Development
(USAID) should, as appropriate, vigorously promote the use of United
States clean coal technology in environmental and energy infrastructure
programs, projects and activities. Programs, projects and activities for
which the use of such technology should be considered include
reconstruction assistance for the Balkans, activities carried out by the
Global Environment Facility, and activities funded from USAID's
Development Credit Authority.
restriction on united states assistance for certain reconstruction
efforts in the balkans region
Sec. 599B. (a) Funds appropriated or otherwise made available by
this Act for United States assistance for reconstruction efforts in the
Federal Republic of Yugoslavia or any contiguous country should to the
maximum extent practicable be used for the procurement of articles and
services of United States origin.
(b) Definitions.--In this section:
[[Page 113 STAT. 1501A-130]]
(1) Article.--The term ``article'' means any agricultural
commodity, steel, communications equipment, farm machinery or
petrochemical refinery equipment.
(2) Federal republic of yugoslavia.--The term ``Federal
Republic of Yugoslavia'' includes Serbia, Montenegro and Kosova.
contributions to united nations population fund
Sec. 599C. (1) Limitations on Amount of Contribution.--Of the
amounts made available under ``International Organizations and
Programs'', not more than $25,000,000 for fiscal year 2000 shall be
available for the United Nations Population Fund (hereafter in this
subsection referred to as the ``UNFPA'').
(2) Prohibition on Use of Funds in China.--None of the funds made
available under ``International Organizations and Programs'' may be made
available for the UNFPA for a country program in the People's Republic
of China.
(3) Conditions on Availability of Funds.--Amounts made available
under ``International Organizations and Programs'' for fiscal year 2000
for the UNFPA may not be made available to UNFPA unless--
(A) the UNFPA maintains amounts made available to the UNFPA
under this section in an account separate from other accounts of
the UNFPA;
(B) the UNFPA does not commingle amounts made available to
the UNFPA under this section with other sums; and
(C) the UNFPA does not fund abortions.
(4) Report to the Congress and Withholding of Funds.--
(A) Not later than February 15, 2000, the Secretary of State
shall submit a report to the appropriate congressional
committees indicating the amount of funds that the United
Nations Population Fund is budgeting for the year in which the
report is submitted for a country program in the People's
Republic of China.
(B) If a report under subparagraph (A) indicates that the
United Nations Population Fund plans to spend funds for a
country program in the People's Republic of China in the year
covered by the report, then the amount of such funds that the
UNFPA plans to spend in the People's Republic of China shall be
deducted from the funds made available to the UNFPA after March
1 for obligation for the remainder of the fiscal year in which
the report is submitted.
authorization for population planning
Sec. 599D. (a) Authorization.--Not to exceed $385,000,000 of the
funds appropriated in title II of this Act may be available for
population planning activities or other population assistance.
(b) Restriction on Assistance to Foreign Organizations That Perform
or Actively Promote Abortions.--
(1) Performance of abortions.--(A) Notwithstanding section
614 of the Foreign Assistance Act of 1961, or any other
provision of law, no funds appropriated by title II of this Act
for population planning activities or other population
assistance may be made available for any foreign private,
nongovernmental, or multilateral organization until the
organization certifies that it will not, during the period for
which the funds
[[Page 113 STAT. 1501A-131]]
are made available, perform abortions in any foreign country,
except where the life of the mother would be endangered if the
pregnancy were carried to term or in cases of forcible rape or
incest.
(B) Subparagraph (A) may not be construed to apply to the
treatment of injuries or illnesses caused by legal or illegal
abortions or to assistance provided directly to the government
of a country.
(2) Lobbying activities.--(A) Notwithstanding section 614 of
the Foreign Assistance Act of 1961, or any other provision of
law, no funds appropriated by title II of this Act for
population planning activities or other population assistance
may be made available for any foreign private, nongovernmental,
or multilateral organization until the organization certifies
that it will not, during the period for which the funds are made
available, violate the laws of any foreign country concerning
the circumstances under which abortion is permitted, regulated,
or prohibited, or engage in activities or efforts to alter the
laws or governmental policies of any foreign country concerning
the circumstances under which abortion is permitted, regulated,
or prohibited.
(B) Subparagraph (A) shall not apply to activities in
opposition to coercive abortion or involuntary sterilization.
(3) Application to foreign organizations.--The prohibitions
and certifications of this subsection apply to funds made
available to a foreign organization either directly or as a
subcontractor or subgrantee.
(c) Waiver Authority.--
(1) Authority.--The President may waive the restrictions
contained in subsection (b) that require certifications from
foreign private, nongovernmental, or multilateral organizations.
(2) Reduction of assistance.--In the event the President
exercises the authority contained in paragraph (1) to waive
either or both subsections (b)(1) and (b)(2), then--
(A) assistance authorized by subsection (a) and
allocated for population planning activities or other
population assistance shall be reduced by a total of
$12,500,000, and that amount shall be transferred from
funds appropriated by this Act under the heading
``Development Assistance'' and consolidated and merged
with funds appropriated by this Act under the heading
``Child Survival and Disease Programs Fund''; and
(B) Notwithstanding any other provision of law, such
transferred funds that would have been made available
for population planning activities or other population
assistance shall be made available for infant and child
health programs that have a direct, measurable, and high
impact on reducing the incidence of illness and death
among children.
(3) Limitation.--The authority provided in paragraph (1) may
be exercised to allow the provision of not more than
$15,000,000, in the aggregate, to all foreign private,
nongovernmental, or multilateral organizations with respect to
which such authority is exercised.
(4) Additional requirements.--Upon exercising the authority
provided in paragraph (1), the President shall report
[[Page 113 STAT. 1501A-132]]
in writing to the Committee on Appropriations and the Committee
on Foreign Relations of the Senate and the Committee on
Appropriations and the Committee on International Relations of
the House of Representatives.
opic authorization
Sec. 599E. Section 235(a)(2) of the Foreign Assistance Act of 1961
(22 U.S.C. 2195(a)(2)) is amended by striking ``1999'' and inserting
``November 1, 2000''.
TITLE VI--INTERNATIONAL AFFAIRS SUPPLEMENTAL APPROPRIATIONS
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
other bilateral economic assistance
economic support fund
For an additional amount for ``Economic Support Fund'' for
assistance for Jordan and for the West Bank and Gaza, $450,000,000, to
remain available until September 30, 2002, of which $100,000,000 of the
funds made available for the West Bank and Gaza shall become available
for obligation on September 30, 2000: Provided, That the entire amount
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended: Provided further, That the entire
amount provided shall be available only to the extent that an official
budget request that includes designation of the entire amount as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
MILITARY ASSISTANCE
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing Program'',
$1,375,000,000, to remain available until September 30, 2002, of which
$1,200,000,000 shall be for grants only for Israel, $25,000,000 shall be
for grants only for Egypt, and $150,000,000 shall be for grants only for
Jordan: Provided, That $300,000,000 of the funds made available for
Israel and $100,000,000 of the funds made available for Jordan shall
become available for obligation on September 30, 2000: Provided further,
That funds appropriated under this heading shall be nonrepayable,
notwithstanding section 23 of the Arms Export Control Act: Provided
further, That funds appropriated under this heading shall be expended at
the minimum rate necessary to make timely payment for defense articles
and services: Provided further, That to the extent that the Government
of Israel requests that funds be used for such purposes, grants made
available for Israel by this paragraph shall, as agreed by Israel and
the United States, be available for advanced weapons
[[Page 113 STAT. 1501A-133]]
systems, of which not to exceed 26.3 percent shall be available for the
procurement in Israel of defense articles and defense services,
including research and development: Provided further, That the entire
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
entire amount provided shall be available only to the extent that an
official budget request that includes designation of the entire amount
as an emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
notwithstanding any other provision of this Act, not to exceed
$1,370,000,000 of the funds appropriated for Israel under this heading
in title III shall be disbursed within 30 days of the enactment of this
Act.
This Act may be cited as the ``Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2000''.
[[Page 113 STAT. 1501A-135]]
APPENDIX C--H.R. 3423
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Department of the Interior
and related agencies for the fiscal year ending September 30, 2000, and
for other purposes, namely:
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law, in
the management of lands and their resources under the jurisdiction of
the Bureau of Land Management, including the general administration of
the Bureau, and assessment of mineral potential of public lands pursuant
to Public Law 96-487 (16 U.S.C. 3150(a)), $646,218,000, to remain
available until expended, of which $2,147,000 shall be available for
assessment of the mineral potential of public lands in Alaska pursuant
to section 1010 of Public Law 96-487 (16 U.S.C. 3150); and of which not
to exceed $1,000,000 shall be derived from the special receipt account
established by the Land and Water Conservation Act of 1965, as amended
(16 U.S.C. 460l-6a(i)); and of which $2,500,000 shall be available in
fiscal year 2000 subject to a match by at least an equal amount by the
National Fish and Wildlife Foundation, to such Foundation for cost-
shared projects supporting conservation of Bureau lands and such funds
shall be advanced to the Foundation as a lump sum grant without regard
to when expenses are incurred; in addition, $33,529,000 for Mining Law
Administration program operations, including the cost of administering
the mining claim fee program; to remain available until expended, to be
reduced by amounts collected by the Bureau and credited to this
appropriation from annual mining claim fees so as to result in a final
appropriation estimated at not more than $646,218,000, and $2,000,000,
to remain available until expended, from communication site rental fees
established by the Bureau for the cost of administering communication
site activities, and of which $2,500,000, to remain available until
expended, is for coalbed methane Applications for Permits to Drill in
the Powder River Basin: Provided, That unless there is a written
agreement in place between the coal mining operator and a gas producer,
the funds available herein shall not be used to process or approve
coalbed methane Applications for Permits to Drill for well sites that
are located within an area, which as
[[Page 113 STAT. 1501A-136]]
of the date of the coalbed methane Application for Permit to Drill, are
covered by: (1) a coal lease; (2) a coal mining permit; or (3) an
application for a coal mining lease: Provided further, That
appropriations herein made shall not be available for the destruction of
healthy, unadopted, wild horses and burros in the care of the Bureau or
its contractors.
wildland fire management
For necessary expenses for fire preparedness, suppression
operations, emergency rehabilitation and hazardous fuels reduction by
the Department of the Interior, $292,282,000, to remain available until
expended, of which not to exceed $9,300,000 shall be for the renovation
or construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes: Provided
further, That unobligated balances of amounts previously appropriated to
the ``Fire Protection'' and ``Emergency Department of the Interior
Firefighting Fund'' may be transferred and merged with this
appropriation: Provided further, That persons hired pursuant to 43
U.S.C. 1469 may be furnished subsistence and lodging without cost from
funds available from this appropriation: Provided further, That
notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office of
the Department of the Interior for fire protection rendered pursuant to
42 U.S.C. 1856 et seq., protection of United States property, may be
credited to the appropriation from which funds were expended to provide
that protection, and are available without fiscal year limitation:
Provided further, That not more than $58,000 shall be available to the
Bureau of Land Management to reimburse Trinity County for expenses
incurred as part of the July 2, 1999 Lowden Fire.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the remedial action, including
associated activities, of hazardous waste substances, pollutants, or
contaminants pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.),
$10,000,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party
in advance of or as reimbursement for remedial action or response
activities conducted by the department pursuant to section 107 or 113(f
) of such Act, shall be credited to this account to be available until
expended without further appropriation: Provided further, That such sums
recovered from or paid by any party are not limited to monetary payments
and may include stocks, bonds or other personal or real property, which
may be retained, liquidated, or otherwise disposed of by the Secretary
and which shall be credited to this account.
construction
For construction of buildings, recreation facilities, roads, trails,
and appurtenant facilities, $11,425,000, to remain available until
expended.
[[Page 113 STAT. 1501A-137]]
payments in lieu of taxes
For expenses necessary to implement the Act of October 20, 1976, as
amended (31 U.S.C. 6901-6907), $135,000,000, of which not to exceed
$400,000 shall be available for administrative expenses: Provided, That
no payment shall be made to otherwise eligible units of local government
if the computed amount of the payment is less than $100.
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d) of
Public Law 94-579, including administrative expenses and acquisition of
lands or waters, or interests therein, $15,500,000, to be derived from
the Land and Water Conservation Fund, to remain available until
expended.
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of lands or interests therein including existing
connecting roads on or adjacent to such grant lands; $99,225,000, to
remain available until expended: Provided, That 25 percent of the
aggregate of all receipts during the current fiscal year from the
revested Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and shall be
transferred to the general fund in the Treasury in accordance with the
second paragraph of subsection (b) of title II of the Act of August 28,
1937 (50 Stat. 876).
forest ecosystems health and recovery fund
(revolving fund, special account)
In addition to the purposes authorized in Public Law 102-381, funds
made available in the Forest Ecosystem Health and Recovery Fund can be
used for the purpose of planning, preparing, and monitoring salvage
timber sales and forest ecosystem health and recovery activities such as
release from competing vegetation and density control treatments. The
Federal share of receipts (defined as the portion of salvage timber
receipts not paid to the counties under 43 U.S.C. 1181f and 43 U.S.C.
1181f-1 et seq., and Public Law 103-66) derived from treatments funded
by this account shall be deposited into the Forest Ecosystem Health and
Recovery Fund.
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent of
all moneys received during the prior fiscal year under sections 3 and 15
of the Taylor Grazing Act (43 U.S.C.
[[Page 113 STAT. 1501A-138]]
315 et seq.) and the amount designated for range improvements from
grazing fees and mineral leasing receipts from Bankhead-Jones lands
transferred to the Department of the Interior pursuant to law, but not
less than $10,000,000, to remain available until expended: Provided,
That not to exceed $600,000 shall be available for administrative
expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be collected
under Public Law 94-579, as amended, and Public Law 93-153, to remain
available until expended: Provided, That notwithstanding any provision
to the contrary of section 305(a) of Public Law 94-579 (43 U.S.C.
1735(a)), any moneys that have been or will be received pursuant to that
section, whether as a result of forfeiture, compromise, or settlement,
if not appropriate for refund pursuant to section 305(c) of that Act (43
U.S.C. 1735(c)), shall be available and may be expended under the
authority of this Act by the Secretary to improve, protect, or
rehabilitate any public lands administered through the Bureau of Land
Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used on
the exact lands damaged which led to the action: Provided further, That
any such moneys that are in excess of amounts needed to repair damage to
the exact land for which funds were collected may be used to repair
other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and
such amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act, to remain available until expended.
administrative provisions
Appropriations for the Bureau of Land Management shall be available
for purchase, erection, and dismantlement of temporary structures, and
alteration and maintenance of necessary buildings and appurtenant
facilities to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information or
evidence concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for solely
on his certificate, not to exceed $10,000: Provided, That
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure printing
services from cooperators in
[[Page 113 STAT. 1501A-139]]
connection with jointly produced publications for which the cooperators
share the cost of printing either in cash or in services, and the Bureau
determines the cooperator is capable of meeting accepted quality
standards.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, for scientific and economic studies, conservation, management,
investigations, protection, and utilization of fishery and wildlife
resources, except whales, seals, and sea lions, maintenance of the herd
of long-horned cattle on the Wichita Mountains Wildlife Refuge, general
administration, and for the performance of other authorized functions
related to such resources by direct expenditure, contracts, grants,
cooperative agreements and reimbursable agreements with public and
private entities, $716,046,000, to remain available until September 30,
2001, except as otherwise provided herein, of which $11,701,000 shall
remain available until expended for operation and maintenance of fishery
mitigation facilities constructed by the Corps of Engineers under the
Lower Snake River Compensation Plan, authorized by the Water Resources
Development Act of 1976, to compensate for loss of fishery resources
from water development projects on the Lower Snake River, and of which
not less than $2,000,000 shall be provided to local governments in
southern California for planning associated with the Natural Communities
Conservation Planning (NCCP) program and shall remain available until
expended: Provided, That not less than $1,000,000 for high priority
projects which shall be carried out by the Youth Conservation Corps as
authorized by the Act of August 13, 1970, as amended: Provided further,
That not to exceed $6,232,000 shall be used for implementing subsections
(a), (b), (c), and (e) of section 4 of the Endangered Species Act, as
amended, for species that are indigenous to the United States (except
for processing petitions, developing and issuing proposed and final
regulations, and taking any other steps to implement actions described
in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii): Provided
further, That of the amount available for law enforcement, up to
$400,000 to remain available until expended, may at the discretion of
the Secretary, be used for payment for information, rewards, or evidence
concerning violations of laws administered by the Service, and
miscellaneous and emergency expenses of enforcement activity, authorized
or approved by the Secretary and to be accounted for solely on his
certificate: Provided further, That of the amount provided for
environmental contaminants, up to $1,000,000 may remain available until
expended for contaminant sample analyses: Provided further, That
hereafter, all fines collected by the United States Fish and Wildlife
Service for violations of the Marine Mammal Protection Act (16 U.S.C.
1362-1407) and implementing regulations shall be available to the
Secretary, without further appropriation, to be used for the expenses of
the United States Fish and Wildlife Service in administering activities
for the protection and recovery of manatees, polar bears, sea otters,
and walruses, and shall remain available until expended: Provided
further, That, notwithstanding any other provision of law, in fiscal
year 1999 and thereafter, sums provided by private entities for
activities pursuant to reimbursable agreements shall be credited
[[Page 113 STAT. 1501A-140]]
to the ``Resource Management'' account and shall remain available until
expended: Provided further, That, heretofore and hereafter, in carrying
out work under reimbursable agreements with any State, local, or tribal
government, the United States Fish and Wildlife Service may, without
regard to 31 U.S.C. 1341 and notwithstanding any other provision of law
or regulation, record obligations against accounts receivable from such
entities, and shall credit amounts received from such entities to this
appropriation, such credit to occur within 90 days of the date of the
original request by the Service for payment: Provided further, That all
funds received by the United States Fish and Wildlife Service from
responsible parties, heretofore and hereafter, for site-specific damages
to National Wildlife Refuge System lands resulting from the exercise of
privately-owned oil and gas rights associated with such lands in the
States of Louisiana and Texas (other than damages recoverable under the
Comprehensive Environmental Response, Compensation and Liability Act (26
U.S.C. 4611 et seq.), the Oil Pollution Act (33 U.S.C. 1301 et seq.), or
section 311 of the Clean Water Act (33 U.S.C. 1321 et seq.)), shall be
available to the Secretary, without further appropriation and until
expended to: (1) complete damage assessments of the impacted site by the
Secretary; (2) mitigate or restore the damaged resources; and (3)
monitor and study the recovery of such damaged resources.
construction
For construction and acquisition of buildings and other facilities
required in the conservation, management, investigation, protection, and
utilization of fishery and wildlife resources, and the acquisition of
lands and interests therein; $54,583,000, to remain available until
expended: Provided, That notwithstanding any other provision of law, a
single procurement for the construction of facilities at the Alaska
Maritime National Wildlife Refuge may be issued which includes the full
scope of the project: Provided further, That the solicitation and the
contract shall contain the clauses ``availability of funds'' found at 48
CFR 52.232.18.
land acquisition
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of land or waters, or
interest therein, in accordance with statutory authority applicable to
the United States Fish and Wildlife Service, $50,513,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended.
cooperative endangered species conservation fund
For expenses necessary to carry out the provisions of the Endangered
Species Act of 1973 (16 U.S.C. 1531-1543), as amended, $23,000,000, to
be derived from the Cooperative Endangered Species Conservation Fund,
and to remain available until expended.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $10,779,000.
[[Page 113 STAT. 1501A-141]]
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act, Public Law 101-233, as amended,
$15,000,000, to remain available until expended.
wildlife conservation and appreciation fund
For necessary expenses of the Wildlife Conservation and Appreciation
Fund, $800,000, to remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 4241-4245,
and 1538), the Asian Elephant Conservation Act of 1997 (Public Law 105-
96; 16 U.S.C. 4261-4266), and the Rhinoceros and Tiger Conservation Act
of 1994 (16 U.S.C. 5301-5306), $2,400,000, to remain available until
expended: Provided, That funds made available under this Act, Public Law
105-277, and Public Law 105-83 for rhinoceros, tiger, and Asian elephant
conservation programs are exempt from any sanctions imposed against any
country under section 102 of the Arms Export Control Act (22 U.S.C.
2799aa-1).
commercial salmon fishery capacity reduction
For the Federal share of a capacity reduction program to repurchase
Washington State Fraser River Sockeye commercial fishery licenses
consistent with the implementation of the ``June 30, 1999, Agreement of
the United States and Canada on the Treaty Between the Government of the
United States and the Government of Canada Concerning Pacific Salmon,
1985'', $5,000,000, to remain available until expended, and to be
provided in the form of a grant directly to the State of Washington
Department of Fish and Wildlife.
administrative provisions
Appropriations and funds available to the United States Fish and
Wildlife Service shall be available for purchase of not to exceed 70
passenger motor vehicles, of which 61 are for replacement only
(including 36 for police-type use); repair of damage to public roads
within and adjacent to reservation areas caused by operations of the
Service; options for the purchase of land at not to exceed $1 for each
option; facilities incident to such public recreational uses on
conservation areas as are consistent with their primary purpose; and the
maintenance and improvement of aquaria, buildings, and other facilities
under the jurisdiction of the Service and to which the United States has
title, and which are used pursuant to law in connection with management
and investigation of fish and wildlife resources: Provided, That
notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost
sharing and partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-half the cost
of printing either in cash or services and the Service determines the
cooperator is capable of meeting accepted quality standards: Provided
further, That the Service may accept donated aircraft
[[Page 113 STAT. 1501A-142]]
as replacements for existing aircraft: Provided further, That
notwithstanding any other provision of law, the Secretary of the
Interior may not spend any of the funds appropriated in this Act for the
purchase of lands or interests in lands to be used in the establishment
of any new unit of the National Wildlife Refuge System unless the
purchase is approved in advance by the House and Senate Committees on
Appropriations in compliance with the reprogramming procedures contained
in Senate Report 105-56.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service (including special road maintenance service to trucking
permittees on a reimbursable basis), and for the general administration
of the National Park Service, including not less than $1,000,000 for
high priority projects within the scope of the approved budget which
shall be carried out by the Youth Conservation Corps as authorized by 16
U.S.C. 1706, $1,365,059,000, of which $8,800,000 is for research,
planning and interagency coordination in support of land acquisition for
Everglades restoration shall remain available until expended, and of
which not to exceed $8,000,000, to remain available until expended, is
to be derived from the special fee account established pursuant to title
V, section 5201 of Public Law 100-203.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant
administration, not otherwise provided for, $53,899,000, of which
$2,000,000 shall be available to carry out the Urban Park and Recreation
Recovery Act of 1978 (16 U.S.C. 2501 et seq.), and of which $866,000
shall be available until expended for the Oklahoma City National
Memorial Trust, notwithstanding 7(1) of Public Law 105-58: Provided,
That notwithstanding any other provision of law, the National Park
Service may hereafter recover all fees derived from providing necessary
review services associated with historic preservation tax certification,
and such funds shall be available until expended without further
appropriation for the costs of such review services: Provided further,
That no more than $150,000 may be used for overhead and program
administrative expenses for the heritage partnership program.
historic preservation fund
For expenses necessary in carrying out the Historic Preservation Act
of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and Public
Lands Management Act of 1996 (Public Law 104-333), $75,212,000, to be
derived from the Historic Preservation Fund, to remain available until
September 30, 2001, of which $10,722,000 pursuant to section 507 of
Public Law 104-333 shall remain available until expended: Provided, That
of the total amount provided, $30,000,000 shall be for Save America's
Treasures for
[[Page 113 STAT. 1501A-143]]
priority preservation projects, including preservation of intellectual
and cultural artifacts, preservation of historic structures and sites,
and buildings to house cultural and historic resources and to provide
educational opportunities: Provided further, That any individual Save
America's Treasures grant shall be matched by non-Federal funds:
Provided further, That individual projects shall only be eligible for
one grant, and all projects to be funded shall be approved by the House
and Senate Committees on Appropriations prior to the commitment of grant
funds: Provided further, That Save America's Treasures funds allocated
for Federal projects shall be available by transfer to appropriate
accounts of individual agencies, after approval of such projects by the
Secretary of the Interior: Provided further, That none of the funds
provided for Save America's Treasures may be used for administrative
expenses, and staffing for the program shall be available from the
existing staffing levels in the National Park Service.
construction
For construction, improvements, repair or replacement of physical
facilities, including the modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989,
$225,493,000, to remain available until expended, of which $885,000
shall be for realignment of the Denali National Park entrance road, of
which not less than $3,000,000 shall be available for modifications to
the Franklin Delano Roosevelt Memorial: Provided, That $3,000,000 for
the Wheeling National Heritage Area, $3,000,000 for the Lincoln Library,
and $3,000,000 for the Southwest Pennsylvania Heritage Area shall be
derived from the Historic Preservation Fund pursuant to 16 U.S.C. 470a:
Provided further, That the National Park Service will make available 37
percent, not to exceed $1,850,000, of the total cost of upgrading the
Mariposa County, California municipal solid waste disposal system:
Provided further, That Mariposa County will provide assurance that
future use fees paid by the National Park Service will be reflective of
the capital contribution made by the National Park Service.
land and water conservation fund
(rescission)
The contract authority provided for fiscal year 2000 by 16 U.S.C.
460l-10a is rescinded.
land acquisition and state assistance
For expenses necessary to carry out the Land and Water Conservation
Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of lands or waters, or
interest therein, in accordance with the statutory authority applicable
to the National Park Service, $120,700,000, to be derived from the Land
and Water Conservation Fund, to remain available until expended, of
which $21,000,000 is for the State assistance program including
$1,000,000 to administer the State assistance program, and of which
$10,000,000 may be for State grants for land acquisition in the State of
Florida: Provided, That funds provided for State grants for land
acquisition in the State of Florida are contingent upon the following:
(1) submission
[[Page 113 STAT. 1501A-144]]
of detailed legislative language to the House and Senate Committees on
Appropriations agreed to by the Secretary of the Interior, the Secretary
of the Army and the Governor of Florida that would provide assurances
for the guaranteed supply of water to the natural areas in southern
Florida, including all National parks, Preserves, Wildlife Refuge lands,
and other natural areas to ensure a restored ecosystem; and (2)
submission of a complete prioritized non-Federal land acquisition
project list: Provided further, That after the requirements under this
heading have been met, from the funds made available for State grants
for land acquisition in the State of Florida the Secretary may provide
Federal assistance to the State of Florida for the acquisition of lands
or waters, or interests therein, within the Everglades watershed
(consisting of lands and waters within the boundaries of the South
Florida Water Management District, Florida Bay and the Florida Keys,
including the areas known as the Frog Pond, the Rocky Glades and the
Eight and One-Half Square Mile Area) under terms and conditions deemed
necessary by the Secretary to improve and restore the hydrological
function of the Everglades watershed: Provided further, That funds
provided under this heading to the State of Florida are contingent upon
new matching non-Federal funds by the State and shall be subject to an
agreement that the lands to be acquired will be managed in perpetuity
for the restoration of the Everglades: Provided further, That of the
amount provided herein $2,000,000 shall be made available by the
National Park Service, pursuant to a grant agreement, to the State of
Wisconsin so that the State may acquire land or interest in land for the
Ice Age National Scenic Trail: Provided further, That of the amount
provided herein $500,000 shall be made available by the National Park
Service, pursuant to a grant agreement, to the State of Wisconsin so
that the State may acquire land or interest in land for the North
Country National Scenic Trail: Provided further, That funds provided
under this heading to the State of Wisconsin are contingent upon
matching funds by the State.
administrative provisions
Appropriations for the National Park Service shall be available for
the purchase of not to exceed 384 passenger motor vehicles, of which 298
shall be for replacement only, including not to exceed 312 for police-
type use, 12 buses, and 6 ambulances: Provided, That none of the funds
appropriated to the National Park Service may be used to process any
grant or contract documents which do not include the text of 18 U.S.C.
1913: Provided further, That none of the funds appropriated to the
National Park Service may be used to implement an agreement for the
redevelopment of the southern end of Ellis Island until such agreement
has been submitted to the Congress and shall not be implemented prior to
the expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment of
more than three calendar days to a day certain) from the receipt by the
Speaker of the House of Representatives and the President of the Senate
of a full and comprehensive report on the development of the southern
end of Ellis Island, including the facts and circumstances relied upon
in support of the proposed project.
None of the funds in this Act may be spent by the National Park
Service for activities taken in direct response to the United Nations
Biodiversity Convention.
[[Page 113 STAT. 1501A-145]]
The National Park Service may distribute to operating units based on
the safety record of each unit the costs of programs designed to improve
workplace and employee safety, and to encourage employees receiving
workers' compensation benefits pursuant to chapter 81 of title 5, United
States Code, to return to appropriate positions for which they are
medically able.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); and publish
and disseminate data relative to the foregoing activities; and to
conduct inquiries into the economic conditions affecting mining and
materials processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C.
98g(1)) and related purposes as authorized by law and to publish and
disseminate data; $823,833,000, of which $60,856,000 shall be available
only for cooperation with States or municipalities for water resources
investigations; and of which $16,400,000 shall remain available until
expended for conducting inquiries into the economic conditions affecting
mining and materials processing industries; and of which $2,000,000
shall remain available until expended for ongoing development of a
mineral and geologic data base; and of which $137,604,000 shall be
available until September 30, 2001 for the biological research activity
and the operation of the Cooperative Research Units: Provided, That none
of these funds provided for the biological research activity shall be
used to conduct new surveys on private property, unless specifically
authorized in writing by the property owner: Provided further, That no
part of this appropriation shall be used to pay more than one-half the
cost of topographic mapping or water resources data collection and
investigations carried on in cooperation with States and municipalities.
administrative provisions
The amount appropriated for the United States Geological Survey
shall be available for the purchase of not to exceed 53 passenger motor
vehicles, of which 48 are for replacement only; reimbursement to the
General Services Administration for security guard services; contracting
for the furnishing of topographic maps and for the making of geophysical
or other specialized surveys when it is administratively determined that
such procedures are in the public interest; construction and maintenance
of necessary buildings and appurtenant facilities; acquisition of lands
for gauging stations and observation wells; expenses of the United
States National Committee on Geology; and payment of compensation and
expenses of persons on the rolls of the Survey duly appointed to
represent the United States in the negotiation and administration of
interstate compacts: Provided, That activities funded by appropriations
herein made may be accomplished through the use of
[[Page 113 STAT. 1501A-146]]
contracts, grants, or cooperative agreements as defined in 31 U.S.C.
6302 et seq.: Provided further, That the United States Geological Survey
may hereafter contract directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41 U.S.C. 5,
for the temporary or intermittent services of students or recent
graduates, who shall be considered employees for the purposes of
chapters 57 and 81 of title 5, United States Code, relating to
compensation for travel and work injuries, and chapter 171 of title 28,
United States Code, relating to tort claims, but shall not be considered
to be Federal employees for any other purposes.
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of royalties,
as authorized by law; for enforcing laws and regulations applicable to
oil, gas, and other minerals leases, permits, licenses and operating
contracts; and for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehicles for
replacement only; $110,682,000, of which $84,569,000 shall be available
for royalty management activities; and an amount not to exceed
$124,000,000, to be credited to this appropriation and to remain
available until expended, from additions to receipts resulting from
increases to rates in effect on August 5, 1993, from rate increases to
fee collections for Outer Continental Shelf administrative activities
performed by the Minerals Management Service over and above the rates in
effect on September 30, 1993, and from additional fees for Outer
Continental Shelf administrative activities established after September
30, 1993: Provided, That to the extent $124,000,000 in additions to
receipts are not realized from the sources of receipts stated above, the
amount needed to reach $124,000,000 shall be credited to this
appropriation from receipts resulting from rental rates for Outer
Continental Shelf leases in effect before August 5, 1993: Provided
further, That $3,000,000 for computer acquisitions shall remain
available until September 30, 2001: Provided further, That funds
appropriated under this Act shall be available for the payment of
interest in accordance with 30 U.S.C. 1721(b) and (d): Provided further,
That not to exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup activities:
Provided further, That notwithstanding any other provision of law,
$15,000 under this heading shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Director of the Minerals Management Service concurred with the claimed
refund due, to pay amounts owed to Indian allottees or tribes, or to
correct prior unrecoverable erroneous payments: Provided further, That
not to exceed $198,000 shall be available to carry out the requirements
of section 215(b)(2) of the Water Resources Development Act of 1999.
oil spill research
For necessary expenses to carry out title I, section 1016, title IV,
sections 4202 and 4303, title VII, and title VIII, section 8201 of the
Oil Pollution Act of 1990, $6,118,000, which shall be derived
[[Page 113 STAT. 1501A-147]]
from the Oil Spill Liability Trust Fund, to remain available until
expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87, as
amended, including the purchase of not to exceed 10 passenger motor
vehicles, for replacement only; $95,891,000: Provided, That the
Secretary of the Interior, pursuant to regulations, may use directly or
through grants to States, moneys collected in fiscal year 2000 for civil
penalties assessed under section 518 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands adversely
affected by coal mining practices after August 3, 1977, to remain
available until expended: Provided further, That appropriations for the
Office of Surface Mining Reclamation and Enforcement may provide for the
travel and per diem expenses of State and tribal personnel attending
Office of Surface Mining Reclamation and Enforcement sponsored training.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, as amended,
including the purchase of not more than 10 passenger motor vehicles for
replacement only, $196,208,000, to be derived from receipts of the
Abandoned Mine Reclamation Fund and to remain available until expended;
of which up to $8,000,000, to be derived from the Federal Expenses Share
of the Fund, shall be for supplemental grants to States for the
reclamation of abandoned sites with acid mine rock drainage from coal
mines, and for associated activities, through the Appalachian Clean
Streams Initiative: Provided, That grants to minimum program States will
be $1,500,000 per State in fiscal year 2000: Provided further, That of
the funds herein provided up to $18,000,000 may be used for the
emergency program authorized by section 410 of Public Law 95-87, as
amended, of which no more than 25 percent shall be used for emergency
reclamation projects in any one State and funds for federally
administered emergency reclamation projects under this proviso shall not
exceed $11,000,000: Provided further, That prior year unobligated funds
appropriated for the emergency reclamation program shall not be subject
to the 25 percent limitation per State and may be used without fiscal
year limitation for emergency projects: Provided further, That pursuant
to Public Law 97-365, the Department of the Interior is authorized to
use up to 20 percent from the recovery of the delinquent debt owed to
the United States Government to pay for contracts to collect these
debts: Provided further, That funds made available under title IV of
Public Law 95-87 may be used for any required non-Federal share of the
cost of projects funded by the Federal Government for the purpose of
environmental restoration related to treatment or abatement of acid mine
drainage from abandoned mines: Provided further, That such projects must
be consistent with the purposes and priorities of the Surface Mining
Control and Reclamation Act: Provided further, That, in addition to the
amount granted
[[Page 113 STAT. 1501A-148]]
to the Commonwealth of Pennsylvania under sections 402(g)(1) and
402(g)(5) of the Surface Mining Control and Reclamation Act (Act), an
additional $300,000 will be specifically used for the purpose of
conducting a demonstration project in accordance with section 401(c)(6)
of the Act to determine the efficacy of improving water quality by
removing metals from eligible waters polluted by acid mine drainage:
Provided further, That the State of Maryland may set aside the greater
of $1,000,000 or 10 percent of the total of the grants made available to
the State under title IV of the Surface Mining Control and Reclamation
Act of 1977, as amended (30 U.S.C. 1231 et seq.), if the amount set
aside is deposited in an acid mine drainage abatement and treatment fund
established under a State law, pursuant to which law the amount
(together with all interest earned on the amount) is expended by the
State to undertake acid mine drainage abatement and treatment projects,
except that before any amounts greater than 10 percent of its title IV
grants are deposited in an acid mine drainage abatement and treatment
fund, the State of Maryland must first complete all Surface Mining
Control and Reclamation Act priority one projects.
Bureau of Indian Affairs
operation of indian programs
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments of
1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2501 et seq.), as amended, $1,670,444,000, to remain
available until September 30, 2001 except as otherwise provided herein,
of which not to exceed $93,684,000 shall be for welfare assistance
payments and notwithstanding any other provision of law, including but
not limited to the Indian Self-Determination Act of 1975, as amended,
not to exceed $120,229,000 shall be available for payments to tribes and
tribal organizations for contract support costs associated with ongoing
contracts, grants, compacts, or annual funding agreements entered into
with the Bureau prior to or during fiscal year 2000, as authorized by
such Act, except that tribes and tribal organizations may use their
tribal priority allocations for unmet indirect costs of ongoing
contracts, grants, or compacts, or annual funding agreements and for
unmet welfare assistance costs; and up to $5,000,000 shall be for the
Indian Self-Determination Fund which shall be available for the
transitional cost of initial or expanded tribal contracts, grants,
compacts or cooperative agreements with the Bureau under such Act; and
of which not to exceed $401,010,000 for school operations costs of
Bureau-funded schools and other education programs shall become
available on July 1, 2000, and shall remain available until September
30, 2001; and of which not to exceed $56,991,000 shall remain available
until expended for housing improvement, road maintenance, attorney fees,
litigation support, self-governance grants, the Indian Self-
Determination Fund, land records improvement, and the Navajo-Hopi
Settlement Program: Provided, That notwithstanding any other provision
of law, including but not limited to the Indian Self-Determination Act
of 1975, as amended, and 25 U.S.C. 2008, not to exceed
[[Page 113 STAT. 1501A-149]]
$42,160,000 within and only from such amounts made available for school
operations shall be available to tribes and tribal organizations for
administrative cost grants associated with the operation of Bureau-
funded schools: Provided further, That any forestry funds allocated to a
tribe which remain unobligated as of September 30, 2001, may be
transferred during fiscal year 2002 to an Indian forest land assistance
account established for the benefit of such tribe within the tribe's
trust fund account: Provided further, That any such unobligated balances
not so transferred shall expire on September 30, 2002.
construction
For construction, repair, improvement, and maintenance of irrigation
and power systems, buildings, utilities, and other facilities, including
architectural and engineering services by contract; acquisition of
lands, and interests in lands; and preparation of lands for farming, and
for construction of the Navajo Indian Irrigation Project pursuant to
Public Law 87-483, $169,884,000, to remain available until expended:
Provided, That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the Bureau of
Reclamation: Provided further, That not to exceed 6 percent of contract
authority available to the Bureau of Indian Affairs from the Federal
Highway Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds provided for the
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made available
on a nonreimbursable basis: Provided further, That for fiscal year 2000,
in implementing new construction or facilities improvement and repair
project grants in excess of $100,000 that are provided to tribally
controlled grant schools under Public Law 100-297, as amended, the
Secretary of the Interior shall use the Administrative and Audit
Requirements and Cost Principles for Assistance Programs contained in 43
CFR part 12 as the regulatory requirements: Provided further, That such
grants shall not be subject to section 12.61 of 43 CFR; the Secretary
and the grantee shall negotiate and determine a schedule of payments for
the work to be performed: Provided further, That in considering
applications, the Secretary shall consider whether the Indian tribe or
tribal organization would be deficient in assuring that the construction
projects conform to applicable building standards and codes and Federal,
tribal, or State health and safety standards as required by 25 U.S.C.
2005(a), with respect to organizational and financial management
capabilities: Provided further, That if the Secretary declines an
application, the Secretary shall follow the requirements contained in 25
U.S.C. 2505(f ): Provided further, That any disputes between the
Secretary and any grantee concerning a grant shall be subject to the
disputes provision in 25 U.S.C. 2508(e): Provided further, That
notwithstanding any other provision of law, collections from the
settlements between the United States and the Puyallup tribe concerning
Chief Leschi school are made available for school construction in fiscal
year 2000 and hereafter.
indian land and water claim settlements and miscellaneous payments to
indians
For miscellaneous payments to Indian tribes and individuals and for
necessary administrative expenses, $27,256,000, to remain
[[Page 113 STAT. 1501A-150]]
available until expended; of which $25,260,000 shall be available for
implementation of enacted Indian land and water claim settlements
pursuant to Public Laws 101-618 and 102-575, and for implementation of
other enacted water rights settlements; and of which $1,871,000 shall be
available pursuant to Public Laws 99-264, 100-383, 103-402 and 100-580.
indian guaranteed loan program account
For the cost of guaranteed loans, $4,500,000, as authorized by the
Indian Financing Act of 1974, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, not to exceed $59,682,000.
In addition, for administrative expenses to carry out the
guaranteed loan programs, $508,000.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative agreements,
compacts and grants, either directly or in cooperation with States and
other organizations.
Appropriations for the Bureau of Indian Affairs (except the
revolving fund for loans, the Indian loan guarantee and insurance fund,
and the Indian Guaranteed Loan Program account) shall be available for
expenses of exhibits, and purchase of not to exceed 229 passenger motor
vehicles, of which not to exceed 187 shall be for replacement only.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office operations or pooled
overhead general administration (except facilities operations and
maintenance) shall be available for tribal contracts, grants, compacts,
or cooperative agreements with the Bureau of Indian Affairs under the
provisions of the Indian Self-Determination Act or the Tribal Self-
Governance Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made available by this
Act to the Bureau of Indian Affairs for distribution to other tribes,
this action shall not diminish the Federal Government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or that tribe's
ability to access future appropriations.
Notwithstanding any other provision of law, no funds available to
the Bureau, other than the amounts provided herein for assistance to
public schools under 25 U.S.C. 452 et seq., shall be available to
support the operation of any elementary or secondary school in the State
of Alaska.
Appropriations made available in this or any other Act for schools
funded by the Bureau shall be available only to the schools in the
Bureau school system as of September 1, 1996. No funds available to the
Bureau shall be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by the
Secretary of the Interior at each school in the Bureau school system as
of October 1, 1995. Funds made available under this Act may not be used
to establish a charter school at a Bureau-funded school (as that term is
defined in section
[[Page 113 STAT. 1501A-151]]
1146 of the Education Amendments of 1978 (25 U.S.C. 2026)), except that
a charter school that is in existence on the date of the enactment of
this Act and that has operated at a Bureau-funded school before
September 1, 1999, may continue to operate during that period, but only
if the charter school pays to the Bureau a pro-rata share of funds to
reimburse the Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school are kept
separate and apart from Bureau funds, and the Bureau does not assume any
obligation for charter school programs of the State in which the school
is located if the charter school loses such funding. Employees of
Bureau-funded schools sharing a campus with a charter school and
performing functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal employees
for purposes of chapter 171 of title 28, United States Code (commonly
known as the ``Federal Tort Claims Act''). Not later than June 15, 2000,
the Secretary of the Interior shall evaluate the effectiveness of
Bureau-funded schools sharing facilities with charter schools in the
manner described in the preceding sentence and prepare and submit a
report on the finding of that evaluation to the Committees on
Appropriations of the Senate and of the House.
The Tate Topa Tribal School, the Black Mesa Community School, the
Alamo Navajo School, and other Bureau-funded schools subject to the
approval of the Secretary of the Interior, may use prior year school
operations funds for the replacement or repair of Bureau of Indian
Affairs education facilities which are in compliance with 25 U.S.C.
2005(a) and which shall be eligible for operation and maintenance
support to the same extent as other Bureau of Indian Affairs education
facilities: Provided, That any additional construction costs for
replacement or repair of such facilities begun with prior year funds
shall be completed exclusively with non-Federal funds.
Departmental Offices
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $70,171,000, of which:
(1) $66,076,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, coral reef initiative activities, and brown
tree snake control and research; grants to the judiciary in American
Samoa for compensation and expenses, as authorized by law (48 U.S.C.
1661(c)); grants to the Government of American Samoa, in addition to
current local revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands as authorized
by law; grants to the Government of Guam, as authorized by law; and
grants to the Government of the Northern Mariana Islands as authorized
by law (Public Law 94-241; 90 Stat. 272); and (2) $4,095,000 shall be
available for salaries and expenses of the Office of Insular Affairs:
Provided, That all financial transactions of the territorial and local
governments herein provided for, including such transactions of all
agencies or instrumentalities established or used by such governments,
[[Page 113 STAT. 1501A-152]]
may be audited by the General Accounting Office, at its discretion, in
accordance with chapter 35 of title 31, United States Code: Provided
further, That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance for the
Northern Mariana Islands approved by Public Law 104-134: Provided
further, That Public Law 94-241, as amended, is further amended: (1) in
section 4(b) by striking ``2002'' and inserting ``1999'' and by striking
the comma after ``$11,000,000 annually'' and inserting the following:
``and for fiscal year 2000, payments to the Commonwealth of the Northern
Mariana Islands shall be $5,580,000, but shall return to the level of
$11,000,000 annually for fiscal years 2001 and 2002. In fiscal year
2003, the payment to the Commonwealth of the Northern Mariana Islands
shall be $5,420,000. Such payments shall be''; and (2) in section (4)(c)
by adding a new subsection as follows: ``(4) for fiscal year 2000,
$5,420,000 shall be provided to the Virgin Islands for correctional
facilities and other projects mandated by Federal law.'': Provided
further, That of the amounts provided for technical assistance,
sufficient funding shall be made available for a grant to the Close Up
Foundation: Provided further, That the funds for the program of
operations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance improvement of
capital infrastructure in American Samoa, Guam, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands, the Republic of Palau, the
Republic of the Marshall Islands, and the Federated States of Micronesia
through assessments of long-range operations maintenance needs, improved
capability of local operations and maintenance institutions and agencies
(including management and vocational education training), and project-
specific maintenance (with territorial participation and cost sharing to
be determined by the Secretary based on the individual territory's
commitment to timely maintenance of its capital assets): Provided
further, That any appropriation for disaster assistance under this
heading in this Act or previous appropriations Acts may be used as non-
Federal matching funds for the purpose of hazard mitigation grants
provided pursuant to section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For economic assistance and necessary expenses for the Federated
States of Micronesia and the Republic of the Marshall Islands as
provided for in sections 122, 221, 223, 232, and 233 of the Compact of
Free Association, and for economic assistance and necessary expenses for
the Republic of Palau as provided for in sections 122, 221, 223, 232,
and 233 of the Compact of Free Association, $20,545,000, to remain
available until expended, as authorized by Public Law 99-239 and Public
Law 99-658.
Departmental Management
salaries and expenses
For necessary expenses for management of the Department of the
Interior, $62,864,000, of which not to exceed $8,500 may be for official
reception and representation expenses and of which
[[Page 113 STAT. 1501A-153]]
up to $1,000,000 shall be available for workers compensation payments
and unemployment compensation payments associated with the orderly
closure of the United States Bureau of Mines.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $40,196,000.
Office of Inspector General
salaries and expenses
office of inspector general
For necessary expenses of the Office of Inspector General,
$26,086,000.
Office of Special Trustee for American Indians
federal trust programs
For operation of trust programs for Indians by direct expenditure,
contracts, cooperative agreements, compacts, and grants, $90,025,000, to
remain available until expended: Provided, That funds for trust
management improvements may be transferred, as needed, to the Bureau of
Indian Affairs ``Operation of Indian Programs'' account and to the
Departmental Management ``Salaries and Expenses'' account: Provided
further, That funds made available to Tribes and Tribal organizations
through contracts or grants obligated during fiscal year 2000, as
authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 450
et seq.), shall remain available until expended by the contractor or
grantee: Provided further, That notwithstanding any other provision of
law, the statute of limitations shall not commence to run on any claim,
including any claim in litigation pending on the date of the enactment
of this Act, concerning losses to or mismanagement of trust funds, until
the affected tribe or individual Indian has been furnished with an
accounting of such funds from which the beneficiary can determine
whether there has been a loss: Provided further, That notwithstanding
any other provision of law, the Secretary shall not be required to
provide a quarterly statement of performance for any Indian trust
account that has not had activity for at least 18 months and has a
balance of $1.00 or less: Provided further, That the Secretary shall
issue an annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to be
withdrawn upon the express written request of the account holder.
indian land consolidation pilot
indian land consolidation
For implementation of a pilot program for consolidation of
fractional interests in Indian lands by direct expenditure or
cooperative agreement, $5,000,000 to remain available until expended and
which shall be transferred to the Bureau of Indian Affairs, of
[[Page 113 STAT. 1501A-154]]
which not to exceed $500,000 shall be available for administrative
expenses: Provided, That the Secretary may enter into a cooperative
agreement, which shall not be subject to Public Law 93-638, as amended,
with a tribe having jurisdiction over the pilot reservation to implement
the program to acquire fractional interests on behalf of such tribe:
Provided further, That the Secretary may develop a reservation-wide
system for establishing the fair market value of various types of lands
and improvements to govern the amounts offered for acquisition of
fractional interests: Provided further, That acquisitions shall be
limited to one or more pilot reservations as determined by the
Secretary: Provided further, That funds shall be available for
acquisition of fractional interest in trust or restricted lands with the
consent of its owners and at fair market value, and the Secretary shall
hold in trust for such tribe all interests acquired pursuant to this
pilot program: Provided further, That all proceeds from any lease,
resource sale contract, right-of-way or other transaction derived from
the fractional interest shall be credited to this appropriation, and
remain available until expended, until the purchase price paid by the
Secretary under this appropriation has been recovered from such
proceeds: Provided further, That once the purchase price has been
recovered, all subsequent proceeds shall be managed by the Secretary for
the benefit of the applicable tribe or paid directly to the tribe.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment activities by the
Department of the Interior necessary to carry out the provisions of the
Comprehensive Environmental Response, Compensation, and Liability Act,
as amended (42 U.S.C. 9601 et seq.), Federal Water Pollution Control
Act, as amended (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990
(Public Law 101-380), and Public Law 101-337, $5,400,000, to remain
available until expended.
administrative provisions
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, 15 aircraft, 10 of which shall be for
replacement and which may be obtained by donation, purchase or through
available excess surplus property: Provided, That notwithstanding any
other provision of law, existing aircraft being replaced may be sold,
with proceeds derived or trade-in value used to offset the purchase
price for the replacement aircraft: Provided further, That no programs
funded with appropriated funds in the ``Departmental Management'',
``Office of the Solicitor'', and ``Office of Inspector General'' may be
augmented through the Working Capital Fund or the Consolidated Working
Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
[[Page 113 STAT. 1501A-155]]
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section are hereby designated by Congress to be ``emergency
requirements'' pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as promptly as
possible.
Sec. 102. The Secretary may authorize the expenditure or transfer of
any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of forest or range fires on or
threatening lands under the jurisdiction of the Department of the
Interior; for the emergency rehabilitation of burned-over lands under
its jurisdiction; for emergency actions related to potential or actual
earthquakes, floods, volcanoes, storms, or other unavoidable causes; for
contingency planning subsequent to actual oil spills; for response and
natural resource damage assessment activities related to actual oil
spills; for the prevention, suppression, and control of actual or
potential grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in section
1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation
projects under section 410 of Public Law 95-87; and shall transfer, from
any no year funds available to the Office of Surface Mining Reclamation
and Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying out
the regulatory provisions of the Surface Mining Act: Provided, That
appropriations made in this title for fire suppression purposes shall be
available for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies for
destruction of vehicles, aircraft, or other equipment in connection with
their use for fire suppression purposes, such reimbursement to be
credited to appropriations currently available at the time of receipt
thereof: Provided further, That for emergency rehabilitation and
wildfire suppression activities, no funds shall be made available under
this authority until funds appropriated to ``Wildland Fire Management''
shall have been exhausted: Provided further, That all funds used
pursuant to this section are hereby designated by Congress to be
``emergency requirements'' pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, and must be
replenished by a supplemental appropriation which must be requested as
promptly as possible: Provided further, That such replenishment funds
shall be used to reimburse, on a pro rata basis, accounts from which
emergency funds were transferred.
Sec. 103. Appropriations made in this title shall be available for
operation of warehouses, garages, shops, and similar facilities,
wherever consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for services
rendered to any other activity in the same manner as authorized by
sections 1535 and 1536 of title 31, United States Code: Provided, That
reimbursements for costs and supplies, materials, equipment, and for
services rendered may be credited to the appropriation current at the
time such reimbursements are received.
Sec. 104. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized
[[Page 113 STAT. 1501A-156]]
by 5 U.S.C. 3109, when authorized by the Secretary, in total amount not
to exceed $500,000; hire, maintenance, and operation of aircraft; hire
of passenger motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in societies or
associations which issue publications to members only or at a price to
members lower than to subscribers who are not members.
Sec. 105. Appropriations available to the Department of the Interior
for salaries and expenses shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. Code 4-204).
Sec. 106. Appropriations made in this title shall be available for
obligation in connection with contracts issued for services or rentals
for periods not in excess of 12 months beginning at any time during the
fiscal year.
Sec. 107. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore leasing and
related activities placed under restriction in the President's
moratorium statement of June 26, 1990, in the areas of northern,
central, and southern California; the North Atlantic; Washington and
Oregon; and the eastern Gulf of Mexico south of 26 degrees north
latitude and east of 86 degrees west longitude.
Sec. 108. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore oil and natural
gas preleasing, leasing, and related activities, on lands within the
North Aleutian Basin planning area.
Sec. 109. No funds provided in this title may be expended by the
Department of the Interior to conduct offshore oil and natural gas
preleasing, leasing and related activities in the eastern Gulf of Mexico
planning area for any lands located outside Sale 181, as identified in
the final Outer Continental Shelf 5-Year Oil and Gas Leasing Program,
1997-2002.
Sec. 110. No funds provided in this title may be expended by the
Department of the Interior to conduct oil and natural gas preleasing,
leasing and related activities in the Mid-Atlantic and South Atlantic
planning areas.
Sec. 111. Advance payments made under this title to Indian tribes,
tribal organizations, and tribal consortia pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) may
be invested by the Indian tribe, tribal organization, or consortium
before such funds are expended for the purposes of the grant, compact,
or annual funding agreement so long as such funds are--
(1) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in
obligations or securities that are guaranteed or insured by the
United States, or mutual (or other) funds registered with the
Securities and Exchange Commission and which only invest in
obligations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the funds, even in the
event of a bank failure.
[[Page 113 STAT. 1501A-157]]
Sec. 112. (a) Employees of Helium Operations, Bureau of Land
Management, entitled to severance pay under 5 U.S.C. 5595, may apply
for, and the Secretary of the Interior may pay, the total amount of the
severance pay to the employee in a lump sum. Employees paid severance
pay in a lump sum and subsequently reemployed by the Federal Government
shall be subject to the repayment provisions of 5 U.S.C. 5595(i)(2) and
(3), except that any repayment shall be made to the Helium Fund.
(b) Helium Operations employees who elect to continue health
benefits after separation shall be liable for not more than the required
employee contribution under 5 U.S.C. 8905a(d)(1)(A). The Helium Fund
shall pay for 18 months the remaining portion of required contributions.
(c) The Secretary of the Interior may provide for training to assist
Helium Operations employees in the transition to other Federal or
private sector jobs during the facility shut-down and disposition
process and for up to 12 months following separation from Federal
employment, including retraining and relocation incentives on the same
terms and conditions as authorized for employees of the Department of
Defense in section 348 of the National Defense Authorization Act for
Fiscal Year 1995.
(d) For purposes of the annual leave restoration provisions of 5
U.S.C. 6304(d)(1)(B), the cessation of helium production and sales, and
other related Helium Program activities shall be deemed to create an
exigency of public business under, and annual leave that is lost during
leave years 1997 through 2001 because of 5 U.S.C. 6304 (regardless of
whether such leave was scheduled in advance) shall be restored to the
employee and shall be credited and available in accordance with 5 U.S.C.
6304(d)(2). Annual leave so restored and remaining unused upon the
transfer of a Helium Program employee to a position of the executive
branch outside of the Helium Program shall be liquidated by payment to
the employee of a lump sum from the Helium Fund for such leave.
(e) Benefits under this section shall be paid from the Helium Fund
in accordance with section 4(c)(4) of the Helium Privatization Act of
1996. Funds may be made available to Helium Program employees who are or
will be separated before October 1, 2002 because of the cessation of
helium production and sales and other related activities. Retraining
benefits, including retraining and relocation incentives, may be paid
for retraining commencing on or before September 30, 2002.
(f ) This section shall remain in effect through fiscal year 2002.
Sec. 113. Notwithstanding any other provision of law, including but
not limited to the Indian Self-Determination Act of 1975, as amended,
hereafter funds available to the Department of the Interior for Indian
self-determination or self-governance contract or grant support costs
may be expended only for costs directly attributable to contracts,
grants and compacts pursuant to the Indian Self-Determination Act of
1975 and hereafter funds appropriated in this title shall not be
available for any contract support costs or indirect costs associated
with any contract, grant, cooperative agreement, self-governance compact
or funding agreement entered into between an Indian tribe or tribal
organization and any entity other than an agency of the Department of
the Interior.
Sec. 114. Notwithstanding any other provisions of law, the National
Park Service shall not develop or implement a reduced entrance fee
program to accommodate non-local travel through a
[[Page 113 STAT. 1501A-158]]
unit. The Secretary may provide for and regulate local non-recreational
passage through units of the National Park System, allowing each unit to
develop guidelines and permits for such activity appropriate to that
unit.
Sec. 115. Notwithstanding any other provision of law, in fiscal year
2000 and thereafter, the Secretary is authorized to permit persons,
firms or organizations engaged in commercial, cultural, educational, or
recreational activities (as defined in section 612a of title 40, United
States Code) not currently occupying such space to use courtyards,
auditoriums, meeting rooms, and other space of the main and south
Interior building complex, Washington, D.C., the maintenance, operation,
and protection of which has been delegated to the Secretary from the
Administrator of General Services pursuant to the Federal Property and
Administrative Services Act of 1949, and to assess reasonable charges
therefore, subject to such procedures as the Secretary deems appropriate
for such uses. Charges may be for the space, utilities, maintenance,
repair, and other services. Charges for such space and services may be
at rates equivalent to the prevailing commercial rate for comparable
space and services devoted to a similar purpose in the vicinity of the
main and south Interior building complex, Washington, D.C., for which
charges are being assessed. The Secretary may without further
appropriation hold, administer, and use such proceeds within the
Departmental Management Working Capital Fund to offset the operation of
the buildings under his jurisdiction, whether delegated or otherwise,
and for related purposes, until expended.
Sec. 116. Notwithstanding any other provision of law, the Steel
Industry American Heritage Area, authorized by Public Law 104-333, is
hereby renamed the Rivers of Steel National Heritage Area.
Sec. 117. (a) In this section--
(1) the term ``Huron Cemetery'' means the lands that form
the cemetery that is popularly known as the Huron Cemetery,
located in Kansas City, Kansas, as described in subsection
(b)(3); and
(2) the term ``Secretary'' means the Secretary of the
Interior.
(b)(1) The Secretary shall take such action as may be necessary to
ensure that the lands comprising the Huron Cemetery (as described in
paragraph (3)) are used only in accordance with this subsection.
(2) The lands of the Huron Cemetery shall be used only--
(A) for religious and cultural uses that are compatible with
the use of the lands as a cemetery; and
(B) as a burial ground.
(3) The description of the lands of the Huron Cemetery is as
follows:
The tract of land in the NW quarter of sec. 10, T. 11 S., R. 25 E.,
of the sixth principal meridian, in Wyandotte County, Kansas (as
surveyed and marked on the ground on August 15, 1888, by William Millor,
Civil Engineer and Surveyor), described as follows:
``Commencing on the Northwest corner of the Northwest
Quarter of the Northwest Quarter of said Section 10;
``Thence South 28 poles to the `true point of beginning';
``Thence South 71 degrees East 10 poles and 18 links;
``Thence South 18 degrees and 30 minutes West 28 poles;
[[Page 113 STAT. 1501A-159]]
``Thence West 11 and one-half poles;
``Thence North 19 degrees 15 minutes East 31 poles and 15
feet to the `true point of beginning', containing 2 acres or
more.''.
Sec. 118. Refunds or rebates received on an on-going basis from a
credit card services provider under the Department of the Interior's
charge card programs may be deposited to and retained without fiscal
year limitation in the Departmental Working Capital Fund established
under 43 U.S.C. 1467 and used to fund management initiatives of general
benefit to the Department of the Interior's bureaus and offices as
determined by the Secretary or his designee.
Sec. 119. Appropriations made in this title under the headings
Bureau of Indian Affairs and Office of Special Trustee for American
Indians and any available unobligated balances from prior appropriations
Acts made under the same headings, shall be available for expenditure or
transfer for Indian trust management activities pursuant to the Trust
Management Improvement Project High Level Implementation Plan.
Sec. 120. All properties administered by the National Park Service
at Fort Baker, Golden Gate National Recreation Area, and leases,
concessions, permits and other agreements associated with those
properties, hereafter shall be exempt from all taxes and special
assessments, except sales tax, by the State of California and its
political subdivisions, including the County of Marin and the City of
Sausalito. Such areas of Fort Baker shall remain under exclusive Federal
jurisdiction.
Sec. 121. Notwithstanding any provision of law, the Secretary of the
Interior is authorized to negotiate and enter into agreements and
leases, without regard to section 321 of chapter 314 of the Act of June
30, 1932 (40 U.S.C. 303b), with any person, firm, association,
organization, corporation, or governmental entity for all or part of the
property within Fort Baker administered by the Secretary as part of
Golden Gate National Recreation Area. The proceeds of the agreements or
leases shall be retained by the Secretary and such proceeds shall be
available, without future appropriation, for the preservation,
restoration, operation, maintenance and interpretation and related
expenses incurred with respect to Fort Baker properties.
Sec. 122. Section 211(d) of division I of the Omnibus Parks and
Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4110;
16 U.S.C. 81p) is amended by striking ``depicted on the map dated August
1993, numbered 333/80031A,'' and inserting ``depicted on the map dated
August 1996, numbered 333/80031B,''.
Sec. 123. A grazing permit or lease that expires (or is transferred)
during fiscal year 2000 shall be renewed under section 402 of the
Federal Land Policy and Management Act of 1976, as amended (43 U.S.C.
1752) or if applicable, section 510 of the California Desert Protection
Act (16 U.S.C. 410aaa-50). The terms and conditions contained in the
expiring permit or lease shall continue in effect under the new permit
or lease until such time as the Secretary of the Interior completes
processing of such permit or lease in compliance with all applicable
laws and regulations, at which time such permit or lease may be
canceled, suspended or modified, in whole or in part, to meet the
requirements of
[[Page 113 STAT. 1501A-160]]
such applicable laws and regulations. Nothing in this section shall be
deemed to alter the Secretary's statutory authority.
Sec. 124. Notwithstanding any other provision of law, for the
purpose of reducing the backlog of Indian probate cases in the
Department of the Interior, the hearing requirements of chapter 10 of
title 25, United States Code, are deemed satisfied by a proceeding
conducted by an Indian probate judge, appointed by the Secretary without
regard to the provisions of title 5, United States Code, governing the
appointments in the competitive service, for such period of time as the
Secretary determines necessary: Provided, That the Secretary may only
appoint such Indian probate judges if, by January 1, 2000, the Secretary
is unable to secure the services of at least 10 qualified Administrative
Law Judges on a temporary basis from other agencies and/or through
appointing retired Administrative Law Judges: Provided further, That the
basic pay of an Indian probate judge so appointed may be fixed by the
Secretary without regard to the provisions of chapter 51, and subchapter
III of chapter 53 of title 5, United States Code, governing the
classification and pay of General Schedule employees, except that no
such Indian probate judge may be paid at a level which exceeds the
maximum rate payable for the highest grade of the General Schedule,
including locality pay.
Sec. 125. (a) Loan To Be Granted.--Notwithstanding any other
provision of law or of this Act, the Secretary of the Interior
(hereinafter the ``Secretary''), in consultation with the Secretary of
the Treasury, shall make available to the Government of American Samoa
(hereinafter ``ASG''), the benefits of a loan in the amount of
$18,600,000 bearing interest at a rate equal to the United States
Treasury cost of borrowing for obligations of similar duration.
Repayment of the loan shall be secured and accomplished pursuant to this
section with funds, as they become due and payable to ASG from the
Escrow Account established under the terms and conditions of the Tobacco
Master Settlement Agreement (and the subsequent Enforcing Consent
Decree) (hereinafter collectively referred to as ``the Agreement'')
entered into by the parties November 23, 1998, and judgment granted by
the High Court of American Samoa on January 5, 1999 (Civil Action 119-
98, American Samoa Government v. Philip Morris Tobacco Co., et. al.).
(b) Conditions Regarding Loan Proceeds.--Except as provided under
subsection (e), no proceeds of the loan described in this section shall
become available until ASG--
(1) has enacted legislation, or has taken such other or
additional official action as the Secretary may deem
satisfactory to secure and ensure repayment of the loan,
irrevocably transferring and assigning for payment to the
Department of the Interior (or to the Department of the
Treasury, upon agreement between the Secretaries of such
departments) all amounts due and payable to ASG under the terms
and conditions of the Agreement for a period of 26 years with
the first payment beginning in 2000, such repayment to be
further secured by a pledge of the full faith and credit of ASG;
(2) has entered into an agreement or memorandum of
understanding described in subsection (c) with the Secretary
identifying with specificity the manner in which approximately
$14,300,000 of the loan proceeds will be used to pay debts of
ASG incurred prior to April 15, 1999; and
[[Page 113 STAT. 1501A-161]]
(3) has provided to the Secretary an initial plan of fiscal
and managerial reform as described in subsection (d) designed to
bring the ASG's annual operating expenses into balance with
projected revenues for the years 2003 and beyond, and
identifying the manner in which approximately $4,300,000 of the
loan proceeds will be utilized to facilitate implementation of
the plan.
(c) Procedure and Priorities for Debt Payments.--
(1) In structuring the agreement or memorandum of
understanding identified in subsection (b)(2), the ASG and the
Secretary shall include provisions, which create priorities for
the payment of creditors in the following order--
(A) debts incurred for services, supplies,
facilities, equipment and materials directly connected
with the provision of health, safety and welfare
functions for the benefit of the general population of
American Samoa (including, but not limited to, health
care, fire and police protection, educational programs
grades K-12, and utility services for facilities
belonging to or utilized by ASG and its agencies),
wherein the creditor agrees to compromise and settle the
existing debt for a payment not exceeding 75 percent of
the amount owed, shall be given the highest priority for
payment from the loan proceeds under this section;
(B) debts not exceeding a total amount of $200,000
owed to a single provider and incurred for any
legitimate governmental purpose for the benefit of the
general population of American Samoa, wherein the
creditor agrees to compromise and settle the existing
debt for a payment not exceeding 70 percent of the
amount owed, shall be given the second highest priority
for payment from the loan proceeds under this section;
(C) debts exceeding a total amount of $200,000 owed
to a single provider and incurred for any legitimate
governmental purpose for the benefit of the general
population of American Samoa, wherein the creditor
agrees to compromise and settle the existing debt for a
payment not exceeding 65 percent of the amount owed,
shall be given the third highest priority for payment
from the loan proceeds under this section;
(D) other debts regardless of total amount owed or
purpose for which incurred, wherein the creditor agrees
to compromise and settle the existing debt for a payment
not exceeding 60 percent of the amount owed, shall be
given the fourth highest priority for payment from the
loan proceeds under this section;
(E) debts described in subparagraphs (A), (B), (C),
and (D) of this paragraph, wherein the creditor declines
to compromise and settle the debt for the percentage of
the amount owed as specified under the applicable
subparagraph, shall be given the lowest priority for
payment from the loan proceeds under this section.
(2) The agreement described in subsection (b)(2) shall also
generally provide a framework whereby the Governor of American
Samoa shall, from time-to-time, be required to give 10 business
days notice to the Secretary that ASG will make payment in
accordance with this section to specified creditors and the
amount which will be paid to each of such creditors.
[[Page 113 STAT. 1501A-162]]
Upon issuance of payments in accordance with the notice, the
Governor shall immediately confirm such payments to the
Secretary, and the Secretary shall within three business days
following receipt of such confirmation transfer from the loan
proceeds an amount sufficient to reimburse ASG for the payments
made to creditors.
(3) The agreement may contain such other provisions as are
mutually agreeable, and which are calculated to simplify and
expedite the payment of existing debt under this section and
ensure the greatest level of compromise and settlement with
creditors in order to maximize the retirement of ASG debt.
(d) Fiscal and Managerial Reform Program.--
(1) The initial plan of fiscal and managerial reform,
designed to bring ASG's annual operating expenses into balance
with projected revenues for the years 2003 and beyond as
required under subsection (b)(3), should identify specific
measures which will be implemented by ASG to accomplish such
goal, the anticipated reduction in government operating expense
which will be achieved by each measure, and should include a
timetable for attainment of each reform measure identified
therein.
(2) The initial plan should also identify with specificity
the manner in which approximately $4,300,000 of the loan
proceeds will be utilized to assist in meeting the reform plan's
targets within the timetable specified through the use of
incentives for early retirement, severance pay packages,
outsourcing services, or any other expenditures for program
elements reasonably calculated to result in reduced future
operating expenses for ASG on a long term basis.
(3) Upon receipt of the initial plan, the Secretary shall
consult with the Governor of American Samoa, and shall make any
recommendations deemed reasonable and prudent to ensure the
goals of reform are achieved. The reform plan shall contain
objective criteria that can be documented by a competent third
party, mutually agreeable to the Governor and the Secretary. The
plan shall include specific targets for reducing the amounts of
ASG local revenues expended on government payroll and overhead
(including contracts for consulting services), and may include
provisions which allow modest increases in support of the LBJ
Hospital Authority reasonably calculated to assist the Authority
implement reforms which will lead to an independent audit
indicating annual expenditures at or below annual Authority
receipts.
(4) The Secretary shall enter into an agreement with the
Governor similar to that specified in subsection (c)(2) of this
section, enabling ASG to make payments as contemplated in the
reform plan and then to receive reimbursement from the Secretary
out of the portion of loan proceeds allocated for the
implementation of fiscal reforms.
(5) Within 60 days following receipt of the initial plan,
the Secretary shall approve an interim final plan reasonably
calculated to make substantial progress toward overall reform.
The Secretary shall provide copies of the plan, and any
subsequent modifications, to the House Committee on Resources,
the House Committee on Appropriations Subcommittee on the
Department of the Interior and Related Agencies, the Senate
[[Page 113 STAT. 1501A-163]]
Committee on Energy and Natural Resources, and the Senate
Committee on Appropriations Subcommittee on the Department of
the Interior and Related Agencies.
(6) From time-to-time as deemed necessary, the Secretary
shall consult further with the Governor of American Samoa, and
shall approve such mutually agreeable modifications to the
interim final plan as circumstances warrant in order to achieve
the overall goals of ASG fiscal and managerial reforms.
(e) Release of Loan Proceeds.--From the total proceeds of the loan
described in this section, the Secretary shall make available--
(1) upon compliance by ASG with paragraphs (b)(1) and (b)(2)
of this section and in accordance with subsection (c),
approximately $14,300,000 in reimbursements as requested from
time-to-time by the Governor for payments to creditors;
(2) upon compliance by ASG with paragraphs (b)(1) and (b)(3)
of this section and in accordance with subsection (d),
approximately $4,300,000 in reimbursements as requested from
time-to-time by the Governor for payments associated with
implementation of the interim final reform plan; and
(3) notwithstanding paragraphs (1) and (2) of this
subsection, at any time the Secretary and the Governor mutually
determine that the amount necessary to fund payments under
paragraph (2) will total less than $4,300,000 then the Secretary
may approve the amount of any unused portion of such sum for
additional payments against ASG debt under paragraph (1).
(f ) Exception.-- Proceeds from the loan under this section shall be
used solely for the purposes of debt payments and reform plan
implementation as specified herein, except that the Secretary may
provide an amount equal to not more than 2 percent of the total loan
proceeds for the purpose of retaining the services of an individual or
business entity to provide direct assistance and management expertise in
carrying out the purposes of this section. Such individual or business
entity shall be mutually agreeable to the Governor and the Secretary,
may not be a current or former employee of, or contractor for, and may
not be a creditor of ASG. Notwithstanding the preceding two sentences,
the Governor and the Secretary may agree to also retain the services of
any semi-autonomous agency of ASG which has established a record of
sound management and fiscal responsibility, as evidenced by audited
financial reports for at least three of the past 5 years, to coordinate
with and assist any individual or entity retained under this subsection.
(g) Construction.--The provisions of this section are expressly
applicable only to the utilization of proceeds from the loan described
in this section, and nothing herein shall be construed to relieve ASG
from any lawful debt or obligation except to the extent a creditor shall
voluntarily enter into an arms length agreement to compromise and settle
outstanding amounts under subsection (c).
(h) Termination.--The payment of debt and the payments associated
with implementation of the interim final reform plan shall be completed
not later than October 1, 2003. On such date, any unused loan proceeds
totaling $1,000,000 or less shall be transferred by the Secretary
directly to ASG. If the amount of unused
[[Page 113 STAT. 1501A-164]]
loan proceeds exceeds $1,000,000, then such amount shall be credited to
the total of loan repayments specified in paragraph (b)(1). With
approval of the Secretary, ASG may designate additional payments from
time-to-time from funds available from any source, without regard to the
original purpose of such funds.
Sec. 126. The Secretary of the Interior, acting through the Director
of the United States Fish and Wildlife Service and in consultation with
the Director of the National Park Service, shall undertake the necessary
activities to designate Midway Atoll as a National Memorial to the
Battle of Midway. In pursuing such a designation the Secretary shall
consult with organizations with an interest in Midway Atoll. The
Secretary shall consult on a regular basis with such organizations,
including the International Midway Memorial Foundation, Inc. on the
management of the National Memorial.
Sec. 127. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to redistribute any Tribal Priority
Allocation funds, including tribal base funds, to alleviate tribal
funding inequities by transferring funds to address identified, unmet
needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal year 2000.
Under circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent limitation does
not apply.
Sec. 128. None of the Funds provided in this Act shall be available
to the Bureau of Indian Affairs or the Department of the Interior to
transfer land into trust status for the Shoalwater Bay Indian Tribe in
Clark County, Washington, unless and until the tribe and the county
reach a legally enforceable agreement that addresses the financial
impact of new development on the county, school district, fire district,
and other local governments and the impact on zoning and development.
Sec. 129. None of the funds provided in this Act may be used by the
Department of the Interior to implement the provisions of Principle
3(C)ii and Appendix section 3(B)(4) in Secretarial Order 3206, entitled
``American Indian Tribal Rights, Federal-Tribal Trust Responsibilities,
and the Endangered Species Act''.
Sec. 130. Of the funds appropriated in title V of the Fiscal Year
1998 Interior and Related Agencies Appropriation Act, Public Law 105-83,
the Secretary shall provide up to $2,000,000 in the form of a grant to
the Fairbanks North Star Borough for acquisition of undeveloped parcels
along the banks of the Chena River for the purpose of establishing an
urban greenbelt within the Borough. The Secretary shall further provide
from the funds appropriated in title V up to $1,000,000 in the form of a
grant to the Municipality of Anchorage for the acquisition of
approximately 34 acres of wetlands adjacent to a municipal park in
Anchorage (the Jewel Lake Wetlands).
Sec. 131. Funding for the Ottawa National Wildlife Refuge and
Certain Projects in the State of Ohio. Notwithstanding any other
provision of law, from the unobligated balances appropriated for a grant
to the State of Ohio for the acquisition of the Howard Farm near Metzger
Marsh, Ohio--
(1) $500,000 shall be derived by transfer and made available
for the acquisition of land in the Ottawa National Wildlife
Refuge;
[[Page 113 STAT. 1501A-165]]
(2) $302,000 shall be derived by transfer and made available
for the Dayton Aviation Heritage Commission, Ohio; and
(3) $198,000 shall be derived by transfer and made available
for a grant to the State of Ohio for the preservation and
restoration of the birthplace, boyhood home, and schoolhouse of
Ulysses S. Grant.
Sec. 132. Conveyance to Nye County, Nevada. (a) Definitions.--In
this section:
(1) County.--The term ``County'' means Nye County, Nevada.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the Bureau of
Land Management.
(b) Parcels Conveyed for Use of the Nevada Science and Technology
Center.--
(1) In general.--The Secretary shall convey to the County,
subject to the requirements of 43 U.S.C. 869 and subject to
valid existing rights, all right, title, and interest in and to
the parcels of public land described in paragraph (2). Such
conveyance shall be made at a price determined to be appropriate
for the conveyance of land for educational facilities under the
Act of June 14, 1926 (43 U.S.C. 869 et seq.) and in accordance
with the Bureau of Land Management Document entitled
``Recreation and Public Purposes Act'', dated October 1994,
under the category of Special Pricing Program Uses for
Governmental Entities.
(2) Land description.--The parcels of public land referred
to in paragraph (1) are the following:
(A) The portion of Sec. 13 north of United States
Route 95, T. 15 S., R. 49 E., Mount Diablo Meridian,
Nevada.
(B) In Sec. 18, T. 15 S., R. 50 E., Mount Diablo
Meridian, Nevada:
(i) W \1/2\ W \1/2\ NW \1/4\.
(ii) The portion of the W \1/2\ W \1/2\ SW \1/
4\ north of United States Route 95.
(3) Use.--
(A) In general.--The parcels described in paragraph
(2) shall be used for the construction and operation of
the Nevada Science and Technology Center as a nonprofit
museum and exposition center, and related facilities and
activities.
(B) Reversion.--The conveyance of any parcel
described in paragraph (2) shall be subject to reversion
to the United States, at the discretion of Secretary, if
the parcel is used for a purpose other than that
specified in subparagraph (A).
(c) Parcels Conveyed for Other Use for a Commercial Purpose.--
(1) Right to purchase.--For a period of 5 years beginning on
the date of the enactment of this Act, the County shall have the
exclusive right to purchase the parcels of public land described
in paragraph (2) for the fair market value of the parcels, as
determined by the Secretary.
(2) Land description.--The parcels of public land referred
to in paragraph (1) are the following parcels in Sec. 18, T. 15
S., R. 50 E., Mount Diablo Meridian, Nevada:
(A) E \1/2\ NW \1/4\.
[[Page 113 STAT. 1501A-166]]
(B) E \1/2\ W \1/2\ NW \1/4\.
(C) The portion of the E \1/2\ SW \1/4\ north of
United States Route 95.
(D) The portion of the E \1/2\ W \1/2\ SW \1/4\
north of United States Route 95.
(E) The portion of the SE \1/4\ north of United
States Route 95.
(3) Use of proceeds.--Proceeds of a sale of a parcel
described in paragraph (2)--
(A) shall be deposited in the special account
established under section 4(e)(1)(C) of the Southern
Nevada Public Land Management Act of 1998 (112 Stat.
2345); and
(B) shall be available for use by the Secretary--
(i) to reimburse costs incurred by the local
offices of the Bureau of Land Management in
arranging the land conveyances directed by this
Act; and
(ii) as provided in section 4(e)(3) of that
Act (112 Stat. 2346).
Sec. 133. Conveyance of Land to City of Mesquite, Nevada. Section 3
of Public Law 99-548 (100 Stat. 3061; 110 Stat. 3009-202) is amended by
adding at the end the following:
``(e) Fifth Area.--
``(1) Right to purchase.--
``(A) In general.--For a period of 12 years after
the date of the enactment of this Act, the City of
Mesquite, Nevada, subject to all appropriate
environmental reviews, including compliance with the
National Environmental Policy Act and the Endangered
Species Act, shall have the exclusive right to purchase
the parcels of public land described in paragraph (2).
``(B) Applicability.--Subparagraph (A) shall apply
to a parcel of land described in paragraph (2) that has
not been identified for disposal in the 1998 Bureau of
Land Management Las Vegas Resource Management Plan only
if the conveyance is made under subsection (f ).
``(2) Land description.--The parcels of public land referred
to in paragraph (1) are as follows:
``(A) In T. 13 S., R. 70 E., Mount Diablo Meridian,
Nevada:
``(i) The portion of sec. 27 north of
Interstate Route 15.
``(ii) Sec. 28: NE \1/4\, S \1/2\ (except the
Interstate Route 15 right-of-way).
``(iii) Sec. 29: E \1/2\ NE \1/4\ SE \1/4\, SE
\1/4\ SE \1/4\.
``(iv) The portion of sec. 30 south of
Interstate Route 15.
``(v) The portion of sec. 31 south of
Interstate Route 15.
``(vi) Sec. 32: NE \1/4\ NE \1/4\ (except the
Interstate Route 15 right-of-way), the portion of
NW \1/4\ NE \1/4\ south of Interstate Route 15,
and the portion of W \1/2\ south of Interstate
Route 15.
``(vii) The portion of sec. 33 north of
Interstate Route 15.
``(B) In T. 13 S., R. 69 E., Mount Diablo Meridian,
Nevada:
[[Page 113 STAT. 1501A-167]]
``(i) The portion of sec. 25 south of
Interstate Route 15.
``(ii) The portion of sec. 26 south of
Interstate Route 15.
``(iii) The portion of sec. 27 south of
Interstate Route 15.
``(iv) Sec. 28: SW \1/4\ SE \1/4\.
``(v) Sec. 33: E \1/2\.
``(vi) Sec. 34.
``(vii) Sec. 35.
``(viii) Sec. 36.
``(3) Notification.--Not later than 10 years after the date
of the enactment of this subsection, the city shall notify the
Secretary which of the parcels of public land described in
paragraph (2) the city intends to purchase.
``(4) Conveyance.--Not later than 1 year after receiving
notification from the city under paragraph (3), the Secretary
shall convey to the city the land selected for purchase.
``(5) Withdrawal.--Subject to valid existing rights, until
the date that is 12 years after the date of the enactment of
this subsection, the parcels of public land described in
paragraph (2) are withdrawn from all forms of entry and
appropriation under the public land laws, including the mining
laws, and from operation of the mineral leasing and geothermal
leasing laws.
``(6) Use of proceeds.--The proceeds of the sale of each
parcel--
``(A) shall be deposited in the special account
established under section 4(e)(1)(C) of the Southern
Nevada Public Land Management Act of 1998 (112 Stat.
2345); and
``(B) shall be available for use by the Secretary--
``(i) to reimburse costs incurred by the local
offices of the Bureau of Land Management in
arranging the land conveyances directed by this
Act; and
``(ii) as provided in section 4(e)(3) of that
Act (112 Stat. 2346).
``(f ) Sixth Area.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this subsection, the Secretary shall convey to
the City of Mesquite, Nevada, in accordance with section 47125
of title 49, United States Code, and subject to all appropriate
environmental reviews, including compliance with the National
Environmental Policy Act and the Endangered Species Act, up to
2,560 acres of public land to be selected by the city from among
the parcels of land described in paragraph (2).
``(2) Land description.--The parcels of land referred to in
paragraph (1) are as follows:
``(A) In T. 13 S., R. 69 E., Mount Diablo Meridian,
Nevada:
``(i) The portion of sec. 28 south of
Interstate Route 15 (except S \1/2\ SE \1/4\).
``(ii) The portion of sec. 29 south of
Interstate Route 15.
``(iii) The portion of sec. 30 south of
Interstate Route 15.
[[Page 113 STAT. 1501A-168]]
``(iv) The portion of sec. 31 south of
Interstate Route 15.
``(v) Sec. 32.
``(vi) Sec. 33: W \1/2\.
``(B) In T. 14 S., R. 69 E., Mount Diablo Meridian,
Nevada:
``(i) Sec. 4.
``(ii) Sec. 5.
``(iii) Sec. 6.
``(iv) Sec. 8.
``(C) In T. 14 S., R. 68 E., Mount Diablo Meridian,
Nevada:
``(i) Sec. 1.
``(ii) Sec. 12.
``(3) Withdrawal.--Subject to valid existing rights, until
the date that is 12 years after the date of the enactment of
this subsection, the parcels of public land described in
paragraph (2) are withdrawn from all forms of entry and
appropriation under the public land laws, including the mining
laws, and from operation of the mineral leasing and geothermal
leasing laws.
``(4) If the land conveyed pursuant to this section is not
utilized by the city as an airport, it shall revert to the
United States, at the option of the Secretary.
``(5) Nothing in this section shall preclude the Secretary
from applying appropriate terms and conditions as identified by
the required environmental review to any conveyance made under
this section.''.
Sec. 134. Quadricentennial Commemoration of the Saint Croix Island
International Historic Site. (a) Findings.--The Senate finds that--
(1) in 1604, one of the first European colonization efforts
was attempted at St. Croix Island in Calais, Maine;
(2) St. Croix Island settlement predated both the Jamestown
and Plymouth colonies;
(3) St. Croix Island offers a rare opportunity to preserve
and interpret early interactions between European explorers and
colonists and Native Americans;
(4) St. Croix Island is one of only two international
historic sites comprised of land administered by the National
Park Service;
(5) the quadricentennial commemorative celebration honoring
the importance of the St. Croix Island settlement to the
countries and people of both Canada and the United States is
rapidly approaching;
(6) the 1998 National Park Service management plans and
long-range interpretive plan call for enhancing visitor
facilities at both Red Beach and downtown Calais;
(7) in 1982, the Department of the Interior and Canadian
Department of the Environment signed a memorandum of
understanding to recognize the international significance of St.
Croix Island and, in an amendment memorandum, agreed to conduct
joint strategic planning for the international commemoration
with a special focus on the 400th anniversary of settlement in
2004;
[[Page 113 STAT. 1501A-169]]
(8) the Department of Canadian Heritage has installed
extensive interpretive sites on the Canadian side of the border;
and
(9) current facilities at Red Beach and Calais are extremely
limited or nonexistent for a site of this historic and cultural
importance.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) using funds made available by this Act, the National
Park Service should expeditiously pursue planning for exhibits
at Red Beach and the town of Calais, Maine; and
(2) the National Park Service should take what steps are
necessary, including consulting with the people of Calais, to
ensure that appropriate exhibits at Red Beach and the town of
Calais are completed by 2004.
Sec. 135. No funds appropriated for the Department of the Interior
by this Act or any other Act shall be used to study or implement any
plan to drain Lake Powell or to reduce the water level of the lake below
the range of water levels required for the operation of the Glen Canyon
Dam.
Sec. 136. None of the funds appropriated or otherwise made available
in this Act or any other provision of law, may be used by any officer,
employee, department or agency of the United States to impose or require
payment of an inspection fee in connection with the export of shipments
of fur-bearing wildlife containing 1,000 or fewer raw, crusted, salted
or tanned hides or fur skins, or separate parts thereof, including
species listed under the Convention on International Trade in Endangered
Species of Wild Fauna and Flora done at Washington, March 3, 1973 (27
UST 1027): Provided, That this provision shall for the duration of the
calendar year in which the shipment occurs, not apply to any person who
ships more than 2,500 of such hides, fur skins or parts thereof during
the course of such year.
Sec. 137. (a) The Secretary of the Interior shall during fiscal year
2000 reorganize and consolidate the Bureau of Indian Affairs' management
and administrative functions based on the recommendations of the
National Academy of Public Administration.
(b) Bureau of Indian Affairs employees in Central Office West
divisions that are moved due to the implementation of the National
Academy of Public Administration recommendations, who voluntarily resign
or retire from the Bureau of Indian Affairs on or before December 31,
1999, may receive, from the Bureau of Indian Affairs, a lump sum
voluntary separation incentive payment that shall be equal to the lesser
of an amount equal to the amount the employee would be entitled to
receive under section 5595(c) of title 5, United States Code, if the
employee were entitled to payment under such section; or $25,000.
(1) The voluntary separation incentive payment--
(A) shall not be a basis for payment, and shall not
be included in the computation of any other type of
Government benefit; and
(B) shall be paid from appropriations or funds
available for the payment of the basic pay of the
employee.
(2) Employees receiving a voluntary separation incentive
payment and accepting employment with the Federal Government
within 5 years of the date of separation shall be required to
repay the entire amount of the incentive payment to the Bureau
of Indian Affairs.
[[Page 113 STAT. 1501A-170]]
(3) The Secretary may, at the request of the head of an
executive branch agency, waive the repayment under paragraph (2)
if the individual involved possesses unique abilities and is the
only qualified applicant available for the position.
(4) In addition to any other payment which is required to be
made under subchapter III of chapter 83 of title 5, United
States Code, the Bureau of Indian Affairs shall remit to the
Office of Personnel Management for deposit in the Treasury of
the United States to the credit of the Civil Service Retirement
and Disability Fund an amount equal to 15 percent of the final
basic pay of each employee of the Bureau of Indian Affairs to
whom a voluntary separation incentive payment has been or is to
be paid under the provisions of this section.
(c) Employees of the Bureau of Indian Affairs, in Central Office
West divisions that are moved due to the implementation of the National
Academy of Public Administration recommendations and who are entitled to
severance pay under 5 U.S.C. 5595, may apply for, and the Bureau of
Indian Affairs may pay, the total amount of severance pay to the
employee in a lump sum. Employees paid severance pay in a lump sum and
subsequently reemployed by the Federal Government shall be subject to
the repayment provisions of 5 U.S.C. 5595(i)(2) and (3), except that any
repayment shall be made to the Bureau of Indian Affairs.
(d) Employees of the Bureau of Indian Affairs, in Central Office
West divisions that are moved due to the implementation of the National
Academy of Public Administration recommendations and who voluntarily
resign on or before December 31, 1999, or who are separated, shall be
liable for not more than the required employee contribution under 5
U.S.C. 8905a(d)(1)(A) if they elect to continue health benefits after
separation. The Bureau of Indian Affairs shall pay for 12 months the
remaining portion of required contributions.
Sec. 138. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to acquire lands from the Haines Borough,
Alaska, consisting of approximately 20 acres, more or less, in four
tracts identified for this purpose by the Borough, and contained in an
area formerly known as ``Duncan's Camp''; the Secretary shall use
$340,000 previously allocated from funds appropriated for the Department
of the Interior for fiscal year 1998 for acquisition of lands; the
Secretary is authorized to convey in fee all land and interests in land
acquired pursuant to this section without compensation to the heirs of
Peter Duncan in settlement of a claim filed by them against the United
States: Provided, That the Secretary shall not convey the lands acquired
pursuant to this section unless and until a signed release of all claims
is executed.
Sec. 139. Funds appropriated for the Bureau of Indian Affairs for
postsecondary schools for fiscal year 2000 shall be allocated among the
schools proportionate to the unmet need of the schools as determined by
the Postsecondary Funding Formula adopted by the Office of Indian
Education Programs.
Sec. 140. Notwithstanding any other provision of law, in conveying
the Twin Cities Research Center under the authority provided by Public
Law 104-134, as amended by Public Law 104-208, the Secretary may accept
and retain land and other forms of reimbursement: Provided, That the
Secretary may retain and use any such reimbursement until expended and
without further
[[Page 113 STAT. 1501A-171]]
appropriation: (1) for the benefit of the National Wildlife Refuge
System within the State of Minnesota; and (2) for all activities
authorized by Public Law 100-696; 16 U.S.C. 460zz.
Sec. 141. None of the funds made available by this Act shall be used
to issue a notice of final rulemaking with respect to the valuation of
crude oil for royalty purposes until March 15, 2000. The rulemaking must
be consistent with existing statutory requirements.
Sec. 142. Extension of Authority for Establishment of Thomas Paine
Memorial. (a) In General.--Public Law 102-407 (40 U.S.C. 1003 note; 106
Stat. 1991) is amended by adding at the end the following:
``SEC. 4. EXPIRATION OF AUTHORITY.
``Notwithstanding the time period limitation specified in section
10(b) of the Commemorative Works Act (40 U.S.C. 1010(b)) or any other
provision of law, the authority for the Thomas Paine National Historical
Association to establish a memorial to Thomas Paine in the District of
Columbia under this Act shall expire on December 31, 2003.''.
(b) Conforming Amendments.--
(1) Applicable law.--Section 1(b) of Public Law 102-407 (40
U.S.C. 1003 note; 106 Stat. 1991) is amended by striking ``The
establishment'' and inserting ``Except as provided in section 4,
the establishment''.
(2) Expiration of authority.--Section 3 of Public Law 102-
407 (40 U.S.C. 1003 note; 106 Stat. 1991) is amended--
(A) by striking ``or upon expiration of the
authority for the memorial under section 10(b) of that
Act,'' and inserting ``or on expiration of the authority
for the memorial under section 4,''; and
(B) by striking ``section 8(b)(1) of that Act'' and
inserting ``section 8(b)(1) of the Commemorative Works
Act (40 U.S.C. 1008(b)(1))''.
Sec. 143. Use of National Park Service Transportation Service
Contract Fees. Section 412 of the National Parks Omnibus Management Act
of 1998 (16 U.S.C. 5961) is amended--
(1) by inserting ``(a) In General.--'' before
``Notwithstanding''; and
(2) by adding at the end the following:
``(b) Obligation of Funds.--Notwithstanding any other provision of
law, with respect to a service contract for the provision solely of
transportation services at Zion National Park, the Secretary may
obligate the expenditure of fees received in fiscal year 2000 under
section 501 before the fees are received.''.
Sec. 144. Extension of Deadline for Red Rock Canyon National
Conservation Area. (a) In General.--Section 3(c)(1) of Public Law 103-
450 (108 Stat. 4767) is amended by striking ``the date 5 years after the
date of enactment of this Act'' and inserting ``May 2, 2000''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on November 1, 1999.
Sec. 145. National Park Passport Program. Section 603(c)(1) of the
National Park Omnibus Management Act of 1998 (16 U.S.C. 5993(c)(1)) is
amended by striking ``10'' and inserting ``15''.
[[Page 113 STAT. 1501A-172]]
TITLE II--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $202,700,000, to remain available until expended.
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, cooperative forestry, and
education and land conservation activities, $202,534,000, to remain
available until expended, as authorized by law.
national forest system
For necessary expenses of the Forest Service, not otherwise provided
for, for management, protection, improvement, and utilization of the
National Forest System, and for administrative expenses associated with
the management of funds provided under the headings ``Forest and
Rangeland Research'', ``State and Private Forestry'', ``National Forest
System'', ``Wildland Fire Management'', ``Reconstruction and
Maintenance'', and ``Land Acquisition'', $1,269,504,000, to remain
available until expended, which shall include 50 percent of all moneys
received during prior fiscal years as fees collected under the Land and
Water Conservation Fund Act of 1965, as amended, in accordance with
section 4 of the Act (16 U.S.C. 460l-6a(i)): Provided, That unobligated
balances available at the start of fiscal year 2000 shall be displayed
by extended budget line item in the fiscal year 2001 budget
justification.
wildland fire management
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
and for emergency rehabilitation of burned-over National Forest System
lands and water, $561,354,000, to remain available until expended:
Provided, That such funds are available for repayment of advances from
other appropriations accounts previously transferred for such purposes:
Provided further, That not less than 50 percent of any unobligated
balances remaining (exclusive of amounts for hazardous fuels reduction)
at the end of fiscal year 1999 shall be transferred, as repayment for
past advances that have not been repaid, to the fund established
pursuant to section 3 of Public Law 71-319 (16 U.S.C. 576 et seq.):
Provided further, That notwithstanding any other provision of law, up to
$4,000,000 of funds appropriated under this appropriation may be used
for Fire Science Research in support of the Joint Fire Science Program:
Provided further, That all authorities for the use of funds, including
the use of contracts, grants, and cooperative agreements, available to
execute the Forest Service and Rangeland
[[Page 113 STAT. 1501A-173]]
Research appropriation, are also available in the utilization of these
funds for Fire Science Research.
For an additional amount to cover necessary expenses for emergency
rehabilitation, presuppression due to emergencies, and wildfire
suppression activities of the Forest Service, $90,000,000, to remain
available until expended: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That these funds shall be available only to
the extent an official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
reconstruction and maintenance
For necessary expenses of the Forest Service, not otherwise provided
for, $398,927,000, to remain available until expended for construction,
reconstruction, maintenance and acquisition of buildings and other
facilities, and for construction, reconstruction, repair and maintenance
of forest roads and trails by the Forest Service as authorized by 16
U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That up to
$15,000,000 of the funds provided herein for road maintenance shall be
available for the decommissioning of roads, including unauthorized roads
not part of the transportation system, which are no longer needed:
Provided further, That no funds shall be expended to decommission any
system road until notice and an opportunity for public comment has been
provided on each decommissioning project: Provided further, That any
unobligated balances of amounts previously appropriated to the Forest
Service ``Reconstruction and Construction'' account as well as any
unobligated balances remaining in the ``National Forest System'' account
for the facility maintenance and trail maintenance extended budget line
items at the end of fiscal year 1999 may be transferred to and merged
with the ``Reconstruction and Maintenance'' account.
land acquisition
For expenses necessary to carry out the provisions of the Land and
Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
through 11), including administrative expenses, and for acquisition of
land or waters, or interest therein, in accordance with statutory
authority applicable to the Forest Service, $79,575,000, to be derived
from the Land and Water Conservation Fund, to remain available until
expended, of which not to exceed $40,000,000 may be available for the
acquisition of lands or interests within the tract known as the Baca
Location No. 1 in New Mexico only upon: (1) the enactment of legislation
authorizing the acquisition of lands, or interests in lands, within such
tract; (2) completion of a review, not to exceed 90 days, by the
Comptroller General of the United States of an appraisal conforming with
the Uniform Appraisal Standards for Federal Land Acquisition of all
lands and interests therein to be acquired by the United States; and (3)
submission of the Comptroller General's review of such appraisal to the
Committee on Resources of the House of Representatives, the Committee on
Energy and Natural Resources of the Senate,
[[Page 113 STAT. 1501A-174]]
and the Committees on Appropriations of the House and Senate: Provided,
That subject to valid existing rights, all federally-owned lands and
interests in lands within the New World Mining District comprising
approximately 26,223 acres, more or less, which are described in a
Federal Register notice dated August 19, 1997 (62 Fed. Reg. 44136-
44137), are hereby withdrawn from all forms of entry, appropriation, and
disposal under the public land laws, and from location, entry and patent
under the mining laws, and from disposition under all mineral and
geothermal leasing laws.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California, as authorized by law, $1,069,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities pursuant to the Act of
December 4, 1967, as amended (16 U.S.C. 484a), to remain available until
expended.
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, as amended, to remain available until expended, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation, protection,
and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain
available until expended, to be derived from the fund established
pursuant to the above Act.
administrative provisions, forest service
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of not to exceed 110 passenger
motor vehicles of which 15 will be used primarily for law enforcement
purposes and of which 109 shall be for replacement; acquisition of 25
passenger motor vehicles from excess sources, and hire of such vehicles;
operation and maintenance of aircraft, the purchase of not to exceed
three for replacement only, and acquisition of sufficient aircraft from
excess sources to maintain the operable fleet at 213 aircraft for use in
Forest Service wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft being
replaced may be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C.
[[Page 113 STAT. 1501A-175]]
2225, and not to exceed $100,000 for employment under 5 U.S.C. 3109; (3)
purchase, erection, and alteration of buildings and other public
improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and
interests therein, pursuant to 7 U.S.C. 428a; (5) for expenses pursuant
to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a,
558d, and 558a note); (6) the cost of uniforms as authorized by 5 U.S.C.
5901-5902; and (7) for debt collection contracts in accordance with 31
U.S.C. 3718(c).
None of the funds made available under this Act shall be obligated
or expended to abolish any region, to move or close any regional office
for National Forest System administration of the Forest Service,
Department of Agriculture without the consent of the House and Senate
Committees on Appropriations.
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions if and only if all previously appropriated emergency
contingent funds under the heading ``Wildland Fire Management'' have
been released by the President and apportioned.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development and
the Foreign Agricultural Service in connection with forest and rangeland
research, technical information, and assistance in foreign countries,
and shall be available to support forestry and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and training, and
cooperation with United States and international organizations.
None of the funds made available to the Forest Service under this
Act shall be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or
7 U.S.C. 147b unless the proposed transfer is approved in advance by the
House and Senate Committees on Appropriations in compliance with the
reprogramming procedures contained in House Report No. 105-163.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the procedures contained
in House Report No. 105-163.
No funds appropriated to the Forest Service shall be transferred to
the Working Capital Fund of the Department of Agriculture without the
approval of the Chief of the Forest Service.
Funds available to the Forest Service shall be available to conduct
a program of not less than $1,000,000 for high priority projects within
the scope of the approved budget which shall be carried out by the Youth
Conservation Corps as authorized by the Act of August 13, 1970, as
amended by Public Law 93-408.
Of the funds available to the Forest Service, $1,500 is available to
the Chief of the Forest Service for official reception and
representation expenses.
To the greatest extent possible, and in accordance with the Final
Amendment to the Shawnee National Forest Plan, none of the funds
available in this Act shall be used for preparation of timber sales
using clearcutting or other forms of even-aged management in hardwood
stands in the Shawnee National Forest, Illinois.
[[Page 113 STAT. 1501A-176]]
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the
funds available to the Forest Service, up to $2,250,000 may be advanced
in a lump sum as Federal financial assistance to the National Forest
Foundation, without regard to when the Foundation incurs expenses, for
administrative expenses or projects on or benefitting National Forest
System lands or related to Forest Service programs: Provided, That of
the Federal funds made available to the Foundation, no more than
$400,000 shall be available for administrative expenses: Provided
further, That the Foundation shall obtain, by the end of the period of
Federal financial assistance, private contributions to match on at least
one-for-one basis funds made available by the Forest Service: Provided
further, That the Foundation may transfer Federal funds to a non-Federal
recipient for a project at the same rate that the recipient has obtained
the non-Federal matching funds: Provided further, That hereafter, the
National Forest Foundation may hold Federal funds made available but not
immediately disbursed and may use any interest or other investment
income earned (before, on, or after the date of the enactment of this
Act) on Federal funds to carry out the purposes of Public Law 101-593:
Provided further, That such investments may be made only in interest-
bearing obligations of the United States or in obligations guaranteed as
to both principal and interest by the United States.
Pursuant to section 2(b)(2) of Public Law 98-244, $2,650,000 of the
funds available to the Forest Service shall be available for matching
funds to the National Fish and Wildlife Foundation, as authorized by 16
U.S.C. 3701-3709, and may be advanced in a lump sum as Federal financial
assistance, without regard to when expenses are incurred, for projects
on or benefitting National Forest System lands or related to Forest
Service programs: Provided, That the Foundation shall obtain, by the end
of the period of Federal financial assistance, private contributions to
match on at least one-for-one basis funds advanced by the Forest
Service: Provided further, That the Foundation may transfer Federal
funds to a non-Federal recipient for a project at the same rate that the
recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
Notwithstanding any other provision of law, 80 percent of the funds
appropriated to the Forest Service in the ``National Forest System'' and
``Reconstruction and Construction'' accounts and planned to be allocated
to activities under the ``Jobs in the Woods'' program for projects on
National Forest land in the State of Washington may be granted directly
to the Washington State Department of Fish and Wildlife for
accomplishment of planned projects. Twenty percent of said funds shall
be retained by the Forest Service for planning and administering
projects. Project selection and prioritization shall be accomplished by
the Forest Service with such consultation with the State of Washington
as the Forest Service deems appropriate.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
[[Page 113 STAT. 1501A-177]]
The Secretary of Agriculture is authorized to enter into grants,
contracts, and cooperative agreements as appropriate with the Pinchot
Institute for Conservation, as well as with public and other private
agencies, organizations, institutions, and individuals, to provide for
the development, administration, maintenance, or restoration of land,
facilities, or Forest Service programs, at the Grey Towers National
Historic Landmark: Provided, That, subject to such terms and conditions
as the Secretary of Agriculture may prescribe, any such public or
private agency, organization, institution, or individual may solicit,
accept, and administer private gifts of money and real or personal
property for the benefit of, or in connection with, the activities and
services at the Grey Towers National Historic Landmark: Provided
further, That such gifts may be accepted notwithstanding the fact that a
donor conducts business with the Department of Agriculture in any
capacity.
Funds appropriated to the Forest Service shall be available, as
determined by the Secretary, for payments to Del Norte County,
California, pursuant to sections 13(e) and 14 of the Smith River
National Recreation Area Act (Public Law 101-612).
For purposes of the Southeast Alaska Economic Disaster Fund as set
forth in section 101(c) of Public Law 104-134, the direct grants
provided from the Fund shall be considered direct payments for purposes
of all applicable law except that these direct grants may not be used
for lobbying activities: Provided, That a total of $22,000,000 is hereby
appropriated and shall be deposited into the Southeast Alaska Economic
Disaster Fund established pursuant to Public Law 104-134, as amended,
without further appropriation or fiscal year limitation of which
$10,000,000 shall be distributed in fiscal year 2000, $7,000,000 shall
be distributed in fiscal year 2001, and $5,000,000 shall be distributed
in fiscal year 2002. The Secretary of Agriculture shall allocate the
funds to local communities suffering economic hardship because of mill
closures and economic dislocation in the timber industry to employ
unemployed timber workers and for related community redevelopment
projects as follows:
(1) in fiscal year 2000, $4,000,000 for the Ketchikan
Gateway Borough, $2,000,000 for the City of Petersburg,
$2,000,000 for the City and Borough of Sitka, and $2,000,000 for
the Metlakatla Indian Community;
(2) in fiscal year 2001, $3,000,000 for the Ketchikan
Gateway Borough, $1,000,000 for the City of Petersburg,
$1,500,000 for the City and Borough of Sitka, and $1,500,000 for
the Metlakatla Indian Community; and
(3) in fiscal year 2002, $3,000,000 for the Ketchikan
Gateway Borough, $500,000 for the City and Borough of Sitka, and
$1,500,000 for the Metlakatla Indian Community.
Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service not to exceed $500,000 may be used
to reimburse the Office of the General Counsel (OGC), Department of
Agriculture, for travel and related expenses incurred as a result of OGC
assistance or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase negotiations and
similar non-litigation related matters. Future budget justifications for
both the Forest Service and the Department of Agriculture should clearly
display the sums previously transferred and the requested funding
transfers.
[[Page 113 STAT. 1501A-178]]
No employee of the Department of Agriculture may be detailed or
assigned from an agency or office funded by this Act to any other agency
or office of the department for more than 30 days unless the
individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
The Forest Service shall fund overhead, national commitments,
indirect expenses, and any other category for use of funds which are
expended at any units, that are not directly related to the
accomplishment of specific work on-the-ground (referred to as ``indirect
expenditures''), from funds available to the Forest Service, unless
otherwise prohibited by law: Provided, That the Forest Service shall
implement and adhere to the definitions of indirect expenditures
established pursuant to Public Law 105-277 on a nationwide basis without
flexibility for modification by any organizational level except the
Washington Office, and when changed by the Washington Office, such
changes in definition shall be reported in budget requests submitted by
the Forest Service: Provided further, That the Forest Service shall
provide in all future budget justifications, planned indirect
expenditures in accordance with the definitions, summarized and
displayed to the Regional, Station, Area, and detached unit office
level. The justification shall display the estimated source and amount
of indirect expenditures, by expanded budget line item, of funds in the
agency's annual budget justification. The display shall include
appropriated funds and the Knutson-Vandenberg, Brush Disposal,
Cooperative Work-Other, and Salvage Sale funds. Changes between
estimated and actual indirect expenditures shall be reported in
subsequent budget justifications: Provided further, That during fiscal
year 2000 the Secretary shall limit total annual indirect obligations
from the Brush Disposal, Cooperative Work-Other, Knutson-Vandenberg,
Reforestation, Salvage Sale, and Roads and Trails funds to 20 percent of
the total obligations from each fund.
Any appropriations or funds available to the Forest Service may be
used for necessary expenses in the event of law enforcement emergencies
as necessary to protect natural resources and public or employee safety:
Provided, That such amounts shall not exceed $500,000.
From any unobligated balances available at the start of fiscal year
2000, the amount of $5,000,000 shall be allocated to the Alaska Region,
in addition to the funds appropriated to sell timber in the Alaska
Region under this Act, for expenses directly related to preparing
sufficient additional timber for sale in the Alaska Region to establish
a 3-year timber supply.
The Forest Service is authorized through the Forest Service existing
budget to reimburse Harry Frey, $143,406 (1997 dollars) because his home
was destroyed by arson on June 21, 1990 in retaliation for his work with
the Forest Service.
DEPARTMENT OF ENERGY
clean coal technology
(deferral)
Of the funds made available under this heading for obligation in
prior years, $156,000,000 shall not be available until October
[[Page 113 STAT. 1501A-179]]
1, 2000: Provided, That funds made available in previous appropriations
Acts shall be available for any ongoing project regardless of the
separate request for proposal under which the project was selected.
fossil energy research and development
(including transfer of funds)
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, and for conducting inquiries, technological investigations
and research concerning the extraction, processing, use, and disposal of
mineral substances without objectionable social and environmental costs
(30 U.S.C. 3, 1602, and 1603), performed under the minerals and
materials science programs at the Albany Research Center in Oregon,
$419,025,000, to remain available until expended, of which $24,000,000
shall be derived by transfer from unobligated balances in the Biomass
Energy Development account: Provided, That no part of the sum herein
made available shall be used for the field testing of nuclear explosives
in the recovery of oil and gas.
alternative fuels production
(including transfer of funds)
Moneys received as investment income on the principal amount in the
Great Plains Project Trust at the Norwest Bank of North Dakota, in such
sums as are earned as of October 1, 1999, shall be deposited in this
account and immediately transferred to the general fund of the Treasury.
Moneys received as revenue sharing from operation of the Great Plains
Gasification Plant and settlement payments shall be immediately
transferred to the general fund of the Treasury.
naval petroleum and oil shale reserves
The requirements of 10 U.S.C. 7430(b)(2)(B) shall not apply to
fiscal year 2000: Provided, That, notwithstanding any other provision of
law, unobligated funds remaining from prior years shall be available for
all naval petroleum and oil shale reserve activities.
elk hills school lands fund
For necessary expenses in fulfilling the second installment payment
under the Settlement Agreement entered into by the United States and the
State of California on October 11, 1996, as authorized by section 3415
of Public Law 104-106, $36,000,000, to become available on October 1,
2000, for payment to the State of California for the State Teachers'
Retirement Fund from the Elk Hills School Lands Fund.
[[Page 113 STAT. 1501A-180]]
energy conservation
(including transfer of funds)
For necessary expenses in carrying out energy conservation
activities, $745,242,000, to remain available until expended, of which
$25,000,000 shall be derived by transfer from unobligated balances in
the Biomass Energy Development account: Provided, That $168,500,000
shall be for use in energy conservation programs as defined in section
3008(3) of Public Law 99-509 (15 U.S.C. 4507): Provided further, That
notwithstanding section 3003(d)(2) of Public Law 99-509, such sums shall
be allocated to the eligible programs as follows: $135,000,000 for
weatherization assistance grants and $33,500,000 for State energy
conservation grants: Provided further, That, notwithstanding any other
provision of law, in fiscal year 2001 and thereafter sums appropriated
for weatherization assistance grants shall be contingent on a cost share
of 25 percent by each participating State or other qualified
participant.
economic regulation
For necessary expenses in carrying out the activities of the Office
of Hearings and Appeals, $2,000,000, to remain available until expended.
strategic petroleum reserve
For necessary expenses for Strategic Petroleum Reserve facility
development and operations and program management activities pursuant to
the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C.
6201 et seq.), $159,000,000, to remain available until expended:
Provided, That the Secretary of Energy hereafter may transfer to the SPR
Petroleum Account such funds as may be necessary to carry out drawdown
and sale operations of the Strategic Petroleum Reserve initiated under
section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241)
from any funds available to the Department of Energy under this or any
other Act: Provided further, That all funds transferred pursuant to this
authority must be replenished as promptly as possible from oil sale
receipts pursuant to the drawdown and sale.
energy information administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $72,644,000, to remain available until
expended.
administrative provisions, department of energy
Appropriations under this Act for the current fiscal year shall be
available for hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase, repair, and cleaning of uniforms; and
reimbursement to the General Services Administration for security guard
services.
From appropriations under this Act, transfers of sums may be made to
other agencies of the Government for the performance of work for which
the appropriation is made.
None of the funds made available to the Department of Energy under
this Act shall be used to implement or finance authorized
[[Page 113 STAT. 1501A-181]]
price support or loan guarantee programs unless specific provision is
made for such programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, private or
foreign: Provided, That revenues and other moneys received by or for the
account of the Department of Energy or otherwise generated by sale of
products in connection with projects of the department appropriated
under this Act may be retained by the Secretary of Energy, to be
available until expended, and used only for plant construction,
operation, costs, and payments to cost-sharing entities as provided in
appropriate cost-sharing contracts or agreements: Provided further, That
the remainder of revenues after the making of such payments shall be
covered into the Treasury as miscellaneous receipts: Provided further,
That any contract, agreement, or provision thereof entered into by the
Secretary pursuant to this authority shall not be executed prior to the
expiration of 30 calendar days (not including any day in which either
House of Congress is not in session because of adjournment of more than
three calendar days to a day certain) from the receipt by the Speaker of
the House of Representatives and the President of the Senate of a full
comprehensive report on such project, including the facts and
circumstances relied upon in support of the proposed project.
No funds provided in this Act may be expended by the Department of
Energy to prepare, issue, or process procurement documents for programs
or projects for which appropriations have not been made.
In addition to other authorities set forth in this Act, the
Secretary may accept fees and contributions from public and private
sources, to be deposited in a contributed funds account, and prosecute
projects using such fees and contributions in cooperation with other
Federal, State or private agencies or concerns.
The Secretary of Energy in cooperation with the Administrator of
General Services Administration shall convey to the City of
Bartlesville, Oklahoma, for no consideration, the approximately 15.644
acres of land comprising the former site of the National Institute of
Petroleum Energy Research (including all improvements on the land)
described as follows: All of Block 1, Keeler's Second Addition, all of
Block 2, Keeler's Fourth Addition, all of Blocks 9 and 10, Mountain View
Addition, all in the City of Bartlesville, Washington County, Oklahoma.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination Act, the Indian Health Care
Improvement Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $2,078,967,000, together with
payments received during the fiscal year pursuant to 42 U.S.C. 238(b)
for services furnished by the Indian Health Service: Provided, That
funds made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or compacts
authorized by the Indian
[[Page 113 STAT. 1501A-182]]
Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450),
shall be deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or tribal
organization without fiscal year limitation: Provided further, That
$12,000,000 shall remain available until expended, for the Indian
Catastrophic Health Emergency Fund: Provided further, That $395,290,000
for contract medical care shall remain available for obligation until
September 30, 2001: Provided further, That of the funds provided, up to
$17,000,000 shall be used to carry out the loan repayment program under
section 108 of the Indian Health Care Improvement Act: Provided further,
That funds provided in this Act may be used for 1-year contracts and
grants which are to be performed in two fiscal years, so long as the
total obligation is recorded in the year for which the funds are
appropriated: Provided further, That the amounts collected by the
Secretary of Health and Human Services under the authority of title IV
of the Indian Health Care Improvement Act shall remain available until
expended for the purpose of achieving compliance with the applicable
conditions and requirements of titles XVIII and XIX of the Social
Security Act (exclusive of planning, design, or construction of new
facilities): Provided further, That funding contained herein, and in any
earlier appropriations Acts for scholarship programs under the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall remain available for
obligation until September 30, 2001: Provided further, That amounts
received by tribes and tribal organizations under title IV of the Indian
Health Care Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations until
expended: Provided further, That, notwithstanding any other provision of
law, of the amounts provided herein, not to exceed $228,781,000 shall be
for payments to tribes and tribal organizations for contract or grant
support costs associated with contracts, grants, self-governance
compacts or annual funding agreements between the Indian Health Service
and a tribe or tribal organization pursuant to the Indian Self-
Determination Act of 1975, as amended, prior to or during fiscal year
2000, of which not to exceed $10,000,000 may be used for such costs
associated with new and expanded contracts, grants, self-governance
compacts or annual funding agreements: Provided further, That funds
available for the Indian Health Care Improvement Fund may be used, as
needed, to carry out activities typically funded under the Indian Health
Facilities account.
indian health facilities
For construction, repair, maintenance, improvement, and equipment of
health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act,
and the Indian Health Care Improvement Act, and for expenses necessary
to carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities support
activities of the Indian Health Service, $318,580,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, funds appropriated for the planning, design,
construction or renovation of health
[[Page 113 STAT. 1501A-183]]
facilities for the benefit of an Indian tribe or tribes may be used to
purchase land for sites to construct, improve, or enlarge health or
related facilities: Provided further, That notwithstanding any provision
of law governing Federal construction, $3,000,000 of the funds provided
herein shall be provided to the Hopi Tribe to reduce the debt incurred
by the Tribe in providing staff quarters to meet the housing needs
associated with the new Hopi Health Center: Provided further, That not
to exceed $500,000 shall be used by the Indian Health Service to
purchase TRANSAM equipment from the Department of Defense for
distribution to the Indian Health Service and tribal facilities:
Provided further, That not to exceed $500,000 shall be used by the
Indian Health Service to obtain ambulances for the Indian Health Service
and tribal facilities in conjunction with an existing interagency
agreement between the Indian Health Service and the General Services
Administration: Provided further, That not to exceed $500,000 shall be
placed in a Demolition Fund, available until expended, to be used by the
Indian Health Service for demolition of Federal buildings: Provided
further, That from within existing funds, the Indian Health Service may
purchase up to 5 acres of land for expanding the parking facilities at
the Indian Health Service hospital in Tahlequah, Oklahoma.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service shall be
available for services as authorized by 5 U.S.C. 3109 but at rates not
to exceed the per diem rate equivalent to the maximum rate payable for
senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and for uniforms or allowances therefore as
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
meetings which are concerned with the functions or activities for which
the appropriation is made or which will contribute to improved conduct,
supervision, or management of those functions or activities: Provided,
That in accordance with the provisions of the Indian Health Care
Improvement Act, non-Indian patients may be extended health care at all
tribally administered or Indian Health Service facilities, subject to
charges, and the proceeds along with funds recovered under the Federal
Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
account of the facility providing the service and shall be available
without fiscal year limitation: Provided further, That notwithstanding
any other law or regulation, funds transferred from the Department of
Housing and Urban Development to the Indian Health Service shall be
administered under Public Law 86-121 (the Indian Sanitation Facilities
Act) and Public Law 93-638, as amended: Provided further, That funds
appropriated to the Indian Health Service in this Act, except those used
for administrative and program direction purposes, shall not be subject
to limitations directed at curtailing Federal travel and transportation:
Provided further, That notwithstanding any other provision of law, funds
previously or herein made available to a tribe or
[[Page 113 STAT. 1501A-184]]
tribal organization through a contract, grant, or agreement authorized
by title I or title III of the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450), may be deobligated and
reobligated to a self-determination contract under title I, or a self-
governance agreement under title III of such Act and thereafter shall
remain available to the tribe or tribal organization without fiscal year
limitation: Provided further, That none of the funds made available to
the Indian Health Service in this Act shall be used to implement the
final rule published in the Federal Register on September 16, 1987, by
the Department of Health and Human Services, relating to the eligibility
for the health care services of the Indian Health Service until the
Indian Health Service has submitted a budget request reflecting the
increased costs associated with the proposed final rule, and such
request has been included in an appropriations Act and enacted into law:
Provided further, That funds made available in this Act are to be
apportioned to the Indian Health Service as appropriated in this Act,
and accounted for in the appropriation structure set forth in this Act:
Provided further, That with respect to functions transferred by the
Indian Health Service to tribes or tribal organizations, the Indian
Health Service is authorized to provide goods and services to those
entities, on a reimbursable basis, including payment in advance with
subsequent adjustment, and the reimbursements received therefrom, along
with the funds received from those entities pursuant to the Indian Self-
Determination Act, may be credited to the same or subsequent
appropriation account which provided the funding, said amounts to remain
available until expended: Provided further, That reimbursements for
training, technical assistance, or services provided by the Indian
Health Service will contain total costs, including direct,
administrative, and overhead associated with the provision of goods,
services, or technical assistance: Provided further, That the
appropriation structure for the Indian Health Service may not be altered
without advance approval of the House and Senate Committees on
Appropriations.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $8,000,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible individuals
and groups including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and all others
certified as eligible and not included in the preceding categories:
Provided further, That none of the funds contained in this or any other
Act may be used by the Office of Navajo and Hopi Indian Relocation to
evict any single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi Tribe
unless a new or replacement home is provided for such household:
Provided further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office shall
relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected
[[Page 113 STAT. 1501A-185]]
a replacement residence off the Navajo reservation or on the land
acquired pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public Law
99-498, as amended (20 U.S.C. 56 part A), $2,125,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as authorized
by law, including research in the fields of art, science, and history;
development, preservation, and documentation of the National
Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for terms not to
exceed 30 years), and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; up to five replacement passenger vehicles; purchase,
rental, repair, and cleaning of uniforms for employees, $372,901,000, of
which not to exceed $43,318,000 for the instrumentation program,
collections acquisition, Museum Support Center equipment and move,
exhibition reinstallation, the National Museum of the American Indian,
the repatriation of skeletal remains program, research equipment,
information management, and Latino programming shall remain available
until expended and of which $2,500,000 shall remain available until
expended for the National Museum of Natural History's Arctic Studies
Center to include assistance to other museums for the planning and
development of institutions and facilities that enhance the display of
collections, and including such funds as may be necessary to support
American overseas research centers and a total of $125,000 for the
Council of American Overseas Research Centers: Provided, That funds
appropriated herein are available for advance payments to independent
contractors performing research services or participating in official
Smithsonian presentations: Provided further, That the Smithsonian
Institution may expend Federal appropriations designated in this Act for
lease or rent payments for long term and swing space, as rent payable to
the Smithsonian Institution, and such rent payments may be deposited
into the general trust funds of the Institution to the extent that
federally supported activities are housed in the 900 H Street, N.W.
building in the District of Columbia: Provided further, That this use of
Federal appropriations shall not be construed as debt service, a Federal
guarantee of, a transfer of risk to, or an obligation of, the Federal
Government: Provided further, That no appropriated funds may be used to
service debt which is incurred to finance the costs of acquiring the 900
H Street building or of planning, designing, and constructing
improvements to such building.
[[Page 113 STAT. 1501A-186]]
repair, rehabilitation and alteration of facilities
(including transfers of funds)
For necessary expenses of repair, rehabilitation and alteration of
facilities owned or occupied by the Smithsonian Institution, by contract
or otherwise, as authorized by section 2 of the Act of August 22, 1949
(63 Stat. 623), including not to exceed $10,000 for services as
authorized by 5 U.S.C. 3109, $47,900,000, to remain available until
expended, of which $6,000,000 is provided for repair, rehabilitation and
alteration of facilities at the National Zoological Park: Provided, That
contracts awarded for environmental systems, protection systems, and
repair or rehabilitation of facilities of the Smithsonian Institution
may be negotiated with selected contractors and awarded on the basis of
contractor qualifications as well as price: Provided further, That funds
previously appropriated to the ``Construction and Improvements, National
Zoological Park'' account and the ``Repair and Restoration of
Buildings'' account may be transferred to and merged with this ``Repair,
Rehabilitation and Alteration of Facilities'' account.
construction
For necessary expenses for construction, $19,000,000, to remain
available until expended.
administrative provisions, smithsonian institution
None of the funds in this or any other Act may be used to initiate
the design for any proposed expansion of current space or new facility
without consultation with the House and Senate Appropriations
Committees.
The Smithsonian Institution shall not use Federal funds in excess of
the amount specified in Public Law 101-185 for the construction of the
National Museum of the American Indian.
None of the funds in this or any other Act may be used for the Holt
House located at the National Zoological Park in Washington, D.C.,
unless identified as repairs to minimize water damage, monitor structure
movement, or provide interim structural support.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance, alteration,
[[Page 113 STAT. 1501A-187]]
improvement, and repair of buildings, approaches, and grounds; and
purchase of services for restoration and repair of works of art for the
National Gallery of Art by contracts made, without advertising, with
individuals, firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem proper, $61,538,000,
of which not to exceed $3,026,000 for the special exhibition program
shall remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, as authorized, $6,311,000, to
remain available until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be negotiated
with selected contractors and awarded on the basis of contractor
qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $14,000,000.
construction
For necessary expenses for capital repair and rehabilitation of the
existing features of the building and site of the John F. Kennedy Center
for the Performing Arts, $20,000,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the Woodrow
Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger
vehicles and services as authorized by 5 U.S.C. 3109, $6,790,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $85,000,000 shall be
available to the National Endowment for the Arts for the support of
projects and productions in the arts through assistance to organizations
and individuals pursuant to sections 5(c) and 5(g) of the Act, for
program support, and for administering the functions of the Act, to
remain available until expended.
[[Page 113 STAT. 1501A-188]]
matching grants
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$13,000,000, to remain available until expended, to the National
Endowment for the Arts: Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal to the
total amounts of gifts, bequests, and devises of money, and other
property accepted by the chairman or by grantees of the Endowment under
the provisions of section 10(a)(2), subsections 11(a)(2)(A) and
11(a)(3)(A) during the current and preceding fiscal years for which
equal amounts have not previously been appropriated.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $101,000,000, shall be
available to the National Endowment for the Humanities for support of
activities in the humanities, pursuant to section 7(c) of the Act, and
for administering the functions of the Act, to remain available until
expended.
matching grants
To carry out the provisions of section 10(a)(2) of the National
Foundation on the Arts and the Humanities Act of 1965, as amended,
$14,700,000, to remain available until expended, of which $10,700,000
shall be available to the National Endowment for the Humanities for the
purposes of section 7(h): Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal to the
total amounts of gifts, bequests, and devises of money, and other
property accepted by the chairman or by grantees of the Endowment under
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the
current and preceding fiscal years for which equal amounts have not
previously been appropriated.
Institute of Museum and Library Services
office of museum services
grants and administration
For carrying out subtitle C of the Museum and Library Services Act
of 1996, as amended, $24,400,000, to remain available until expended.
administrative provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds
[[Page 113 STAT. 1501A-189]]
from nonappropriated sources may be used as necessary for official
reception and representation expenses.
Commission of Fine Arts
salaries and expenses
For expenses made necessary by the Act establishing a Commission of
Fine Arts (40 U.S.C. 104), $1,005,000: Provided, That the Commission is
authorized to charge fees to cover the full costs of its publications,
and such fees shall be credited to this account as an offsetting
collection, to remain available until expended without further
appropriation.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20 U.S.C.
956(a)), as amended, $7,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $3,000,000: Provided, That
none of these funds shall be available for compensation of level V of
the Executive Schedule or higher positions.
National Capital Planning Commission
salaries and expenses
For necessary expenses, as authorized by the National Capital
Planning Act of 1952 (40 U.S.C. 71-71i), including services as
authorized by 5 U.S.C. 3109, $6,312,000: Provided, That all appointed
members will be compensated at a rate not to exceed the rate for level
IV of the Executive Schedule.
United States Holocaust Memorial Council
holocaust memorial council
For expenses of the Holocaust Memorial Council, as authorized by
Public Law 96-388 (36 U.S.C. 1401), as amended, $33,286,000, of which
$1,575,000 for the museum's repair and rehabilitation program and
$1,264,000 for the museum's exhibitions program shall remain available
until expended.
Presidio Trust
presidio trust fund
For necessary expenses to carry out title I of the Omnibus Parks and
Public Lands Management Act of 1996, $24,400,000 shall be available to
the Presidio Trust, to remain available until expended, of which up to
$1,040,000 may be for the cost of guaranteed loans, as authorized by
section 104(d) of the Act: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of
[[Page 113 STAT. 1501A-190]]
1974: Provided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed, not to
exceed $200,000,000. The Trust is authorized to issue obligations to the
Secretary of the Treasury pursuant to section 104(d)(3) of the Act, in
an amount not to exceed $20,000,000.
TITLE III--GENERAL PROVISIONS
Sec. 301. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such expenditures
are a matter of public record and available for public inspection,
except where otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 302. No part of any appropriation under this Act shall be
available to the Secretary of the Interior or the Secretary of
Agriculture for the leasing of oil and natural gas by noncompetitive
bidding on publicly owned lands within the boundaries of the Shawnee
National Forest, Illinois: Provided, That nothing herein is intended to
inhibit or otherwise affect the sale, lease, or right to access to
minerals owned by private individuals.
Sec. 303. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or opposition
to any legislative proposal on which congressional action is not
complete.
Sec. 304. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 305. None of the funds provided in this Act to any department
or agency shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or employee of such
department or agency except as otherwise provided by law.
Sec. 306. No assessments may be levied against any program, budget
activity, subactivity, or project funded by this Act unless advance
notice of such assessments and the basis therefor are presented to the
Committees on Appropriations and are approved by such committees.
Sec. 307. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c;
popularly known as the ``Buy American Act'').
(b) Sense of the Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds made
available in this Act, it is the sense of the Congress that
entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act,
[[Page 113 STAT. 1501A-191]]
the head of each Federal agency shall provide to each recipient
of the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
(d) Effective Date.--The provisions of this section are applicable
in fiscal year 2000 and thereafter.
Sec. 308. None of the funds in this Act may be used to plan,
prepare, or offer for sale timber from trees classified as giant sequoia
(Sequoiadendron giganteum) which are located on National Forest System
or Bureau of Land Management lands in a manner different than such sales
were conducted in fiscal year 1999.
Sec. 309. None of the funds made available by this Act may be
obligated or expended by the National Park Service to enter into or
implement a concession contract which permits or requires the removal of
the underground lunchroom at the Carlsbad Caverns National Park.
Sec. 310. None of the funds appropriated or otherwise made available
by this Act may be used for the AmeriCorps program, unless the relevant
agencies of the Department of the Interior and/or Agriculture follow
appropriate reprogramming guidelines: Provided, That if no funds are
provided for the AmeriCorps program by the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 2000, then none of the funds appropriated or
otherwise made available by this Act may be used for the AmeriCorps
programs.
Sec. 311. None of the funds made available in this Act may be used:
(1) to demolish the bridge between Jersey City, New Jersey, and Ellis
Island; or (2) to prevent pedestrian use of such bridge, when it is made
known to the Federal official having authority to obligate or expend
such funds that such pedestrian use is consistent with generally
accepted safety standards.
Sec. 312. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not apply if
the Secretary of the Interior determines that, for the claim concerned:
(1) a patent application was filed with the Secretary on or before
September 30, 1994; and (2) all requirements established under sections
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or
lode claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case
may be, were fully complied with by the applicant by that date.
[[Page 113 STAT. 1501A-192]]
(c) Report.--On September 30, 2000, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report on
actions taken by the department under the plan submitted pursuant to
section 314(c) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral examination of the mining claims or
mill sites contained in a patent application as set forth in subsection
(b). The Bureau of Land Management shall have the sole responsibility to
choose and pay the third-party contractor in accordance with the
standard procedures employed by the Bureau of Land Management in the
retention of third-party contractors.
Sec. 313. Notwithstanding any other provision of law, amounts
appropriated to or earmarked in committee reports for the Bureau of
Indian Affairs and the Indian Health Service by Public Laws 103-138,
103-332, 104-134, 104-208, 105-83, and 105-277 for payments to tribes
and tribal organizations for contract support costs associated with
self-determination or self-governance contracts, grants, compacts, or
annual funding agreements with the Bureau of Indian Affairs or the
Indian Health Service as funded by such Acts, are the total amounts
available for fiscal years 1994 through 1999 for such purposes, except
that, for the Bureau of Indian Affairs, tribes and tribal organizations
may use their tribal priority allocations for unmet indirect costs of
ongoing contracts, grants, self-governance compacts or annual funding
agreements.
Sec. 314. Notwithstanding any other provision of law, for fiscal
year 2000 the Secretaries of Agriculture and the Interior are authorized
to limit competition for watershed restoration project contracts as part
of the ``Jobs in the Woods'' component of the President's Forest Plan
for the Pacific Northwest or the Jobs in the Woods Program established
in Region 10 of the Forest Service to individuals and entities in
historically timber-dependent areas in the States of Washington, Oregon,
northern California and Alaska that have been affected by reduced timber
harvesting on Federal lands.
Sec. 315. None of the funds collected under the Recreational Fee
Demonstration program may be used to plan, design, or construct a
visitor center or any other permanent structure without prior approval
of the House and the Senate Committees on Appropriations if the
estimated total cost of the facility exceeds $500,000.
Sec. 316. All interests created under leases, concessions, permits
and other agreements associated with the properties administered by the
Presidio Trust shall be exempt from all taxes and special assessments of
every kind by the State of California and its political subdivisions.
Sec. 317. None of the funds made available in this or any other Act
for any fiscal year may be used to designate, or to post any sign
designating, any portion of Canaveral National Seashore in Brevard
County, Florida, as a clothing-optional area or as an area in which
public nudity is permitted, if such designation would be contrary to
county ordinance.
[[Page 113 STAT. 1501A-193]]
Sec. 318. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or American
Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made to
a State or local arts agency, or regional group, may be used to
make a grant to any other organization or individual to conduct
activity independent of the direct grant recipient. Nothing in
this subsection shall prohibit payments made in exchange for
goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.
Sec. 319. The National Endowment for the Arts and the National
Endowment for the Humanities are authorized to solicit, accept, receive,
and invest in the name of the United States, gifts, bequests, or devises
of money and other property or services and to use such in furtherance
of the functions of the National Endowment for the Arts and the National
Endowment for the Humanities. Any proceeds from such gifts, bequests, or
devises, after acceptance by the National Endowment for the Arts or the
National Endowment for the Humanities, shall be paid by the donor or the
representative of the donor to the Chairman. The Chairman shall enter
the proceeds in a special interest-bearing account to the credit of the
appropriate endowment for the purposes specified in each case.
Sec. 320. (a) In providing services or awarding financial assistance
under the National Foundation on the Arts and the Humanities Act of 1965
from funds appropriated under this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income below
the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
[[Page 113 STAT. 1501A-194]]
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each grant
category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
Sec. 321. No part of any appropriation contained in this Act shall
be expended or obligated to fund new revisions of national forest land
management plans until new final or interim final rules for forest land
management planning are published in the Federal Register. Those
national forests which are currently in a revision process, having
formally published a Notice of Intent to revise prior to October 1,
1997; those national forests having been court-ordered to revise; those
national forests where plans reach the 15 year legally mandated date to
revise before or during calendar year 2001; national forests within the
Interior Columbia Basin Ecosystem study area; and the White Mountain
National Forest are exempt from this section and may use funds in this
Act and proceed to complete the forest plan revision in accordance with
current forest planning regulations.
Sec. 322. No part of any appropriation contained in this Act shall
be expended or obligated to complete and issue the 5-year program under
the Forest and Rangeland Renewable Resources Planning Act.
Sec. 323. None of the funds in this Act may be used to support
Government-wide administrative functions unless such functions are
justified in the budget process and funding is approved by the House and
Senate Committees on Appropriations.
Sec. 324. Notwithstanding any other provision of law, none of the
funds in this Act may be used for GSA Telecommunication Centers or the
President's Council on Sustainable Development.
Sec. 325. None of the funds in this Act may be used for planning,
design or construction of improvements to Pennsylvania Avenue in front
of the White House without the advance approval of the House and Senate
Committees on Appropriations.
Sec. 326. (a) Short Title.--This section may be cited as the
``National Park Service Studies Act of 1999''.
(b) Authorization of Studies.--
(1) In general.--The Secretary of the Interior (``the
Secretary'') shall conduct studies of the geographical areas and
historic and cultural themes described in subsection (b)(3) to
determine the appropriateness of including such areas or themes
in the National Park System.
(2) Criteria.--In conducting the studies authorized by this
Act, the Secretary shall use the criteria for the study of areas
for potential inclusion in the National Park System in
accordance with section 8 of Public Law 91-383, as amended by
[[Page 113 STAT. 1501A-195]]
section 303 of the National Parks Omnibus Management Act (Public
Law 105-391; 112 Stat. 3501).
(3) Study areas.--The Secretary shall conduct studies of the
following:
(A) Anderson Cottage, Washington, District of
Columbia.
(B) Bioluminescent Bay, Puerto Rico.
(C) Civil Rights Sites, multi-State.
(D) Crossroads of the American Revolution, Central
New Jersey.
(E) Fort Hunter Liggett, California.
(F) Fort King, Florida.
(G) Gaviota Coast Seashore, California.
(H) Kate Mullany House, New York.
(I) Loess Hills, Iowa.
(J) Low Country Gullah Culture, multi-State.
(K) Nan Madol, State of Ponape, Federated States of
Micronesia (upon the request of the Government of the
Federated States of Micronesia).
(L) Walden Pond and Woods, Massachusetts.
(M) World War II Sites, Commonwealth of the Northern
Marianas.
(N) World War II Sites, Republic of Palau (upon the
request of the Government of the Republic of Palau).
(c) Reports.--The Secretary shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on Resources of
the House of Representatives a report on the findings, conclusions, and
recommendations of each study under subsection (b) within three fiscal
years following the date on which funds are first made available for
each study.
Sec. 327. Amounts deposited during fiscal year 1999 in the roads and
trails fund provided for in the fourteenth paragraph under the heading
``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843; 16 U.S.C.
501), shall be used by the Secretary of Agriculture, without regard to
the State in which the amounts were derived, to repair or reconstruct
roads, bridges, and trails on National Forest System lands or to carry
out and administer projects to improve forest health conditions, which
may include the repair or reconstruction of roads, bridges, and trails
on National Forest System lands in the wildland-community interface
where there is an abnormally high risk of fire. The projects shall
emphasize reducing risks to human safety and public health and property
and enhancing ecological functions, long-term forest productivity, and
biological integrity. The Secretary shall commence the projects during
fiscal year 2000, but the projects may be completed in a subsequent
fiscal year. Funds shall not be expended under this section to replace
funds which would otherwise appropriately be expended from the timber
salvage sale fund. Nothing in this section shall be construed to exempt
any project from any environmental law.
Sec. 328. None of the funds in this Act may be used to establish a
new National Wildlife Refuge in the Kankakee River basin that is
inconsistent with the United States Army Corps of Engineers' efforts to
control flooding and siltation in that area. Written certification of
consistency shall be submitted to the House and Senate Committees on
Appropriations prior to refuge establishment.
[[Page 113 STAT. 1501A-196]]
Sec. 329. None of the funds provided in this or previous
appropriations Acts for the agencies funded by this Act or provided from
any accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this Act, shall
be transferred to or used to fund personnel, training, or other
administrative activities at the Council on Environmental Quality or
other offices in the Executive Office of the President for purposes
related to the American Heritage Rivers program.
Sec. 330. Other than in emergency situations, none of the funds in
this Act may be used to operate telephone answering machines during core
business hours unless such answering machines include an option that
enables callers to reach promptly an individual on-duty with the agency
being contacted.
Sec. 331. Enhancing Forest Service Administration of Rights-of-way
and Land Uses. (a) The Secretary of Agriculture shall develop and
implement a pilot program for the purpose of enhancing forest service
administration of rights-of-way and other land uses. The authority for
this program shall be for fiscal years 2000 through 2004. Prior to the
expiration of the authority for this pilot program, the Secretary shall
submit a report to the House and Senate Committees on Appropriations,
and the Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives that evaluates
whether the use of funds under this section resulted in more expeditious
approval of rights-of-way and special use authorizations. This report
shall include the Secretary's recommendation for statutory or regulatory
changes to reduce the average processing time for rights-of-way and
special use permit applications.
(b) Deposit of Fees.--Subject to subsections (a) and (f ), during
fiscal years 2000 through 2004, the Secretary of Agriculture shall
deposit into a special account established in the Treasury all fees
collected by the Secretary to recover the costs of processing
applications for, and monitoring compliance with, authorizations to use
and occupy National Forest System lands pursuant to section 28(l) of the
Mineral Leasing Act (30 U.S.C. 185(l)), section 504(g) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1764(g)), section 9701
of title 31, United States Code, and section 110(g) of the National
Historic Preservation Act (16 U.S.C. 470h-2(g)).
(c) Use of Retained Amounts.--Amounts deposited pursuant to
subsection (b) shall be available, without further appropriation, for
expenditure by the Secretary of Agriculture to cover costs incurred by
the Forest Service for the processing of applications for special use
authorizations and for monitoring activities undertaken in connection
with such authorizations. Amounts in the special account shall remain
available for such purposes until expended.
(d) Reporting Requirement.--In the budget justification documents
submitted by the Secretary of Agriculture in support of the President's
budget for a fiscal year under section 1105 of title 31, United States
Code, the Secretary shall include a description of the purposes for
which amounts were expended from the special account during the
preceding fiscal year, including the amounts expended for each purpose,
and a description of the purposes for which amounts are proposed to be
expended from the special account during the next fiscal year, including
the amounts proposed to be expended for each purpose.
[[Page 113 STAT. 1501A-197]]
(e) Definition of Authorization.--For purposes of this section, the
term ``authorizations'' means special use authorizations issued under
subpart B of part 251 of title 36, Code of Federal Regulations.
(f ) Implementation.--This section shall take effect upon
promulgation of Forest Service regulations for the collection of fees
for processing of special use authorizations and for related monitoring
activities.
Sec. 332. Hardwood Technology Transfer and Applied Research. (a) The
Secretary of Agriculture (hereinafter the ``Secretary'') is hereby and
hereafter authorized to conduct technology transfer and development,
training, dissemination of information and applied research in the
management, processing and utilization of the hardwood forest resource.
This authority is in addition to any other authorities which may be
available to the Secretary including, but not limited to, the
Cooperative Forestry Assistance Act of 1978, as amended (16 U.S.C. 2101
et seq.), and the Forest and Rangeland Renewable Resources Act of 1978,
as amended (16 U.S.C. 1600-1614).
(b) In carrying out this authority, the Secretary may enter into
grants, contracts, and cooperative agreements with public and private
agencies, organizations, corporations, institutions and individuals. The
Secretary may accept gifts and donations pursuant to the Act of October
10, 1978 (7 U.S.C. 2269) including gifts and donations from a donor that
conducts business with any agency of the Department of Agriculture or is
regulated by the Secretary of Agriculture.
(c) The Secretary is hereby and hereafter authorized to operate and
utilize the assets of the Wood Education and Resource Center (previously
named the Robert C. Byrd Hardwood Technology Center in West Virginia) as
part of a newly formed ``Institute of Hardwood Technology Transfer and
Applied Research'' (hereinafter the ``Institute''). The Institute, in
addition to the Wood Education and Resource Center, will consist of a
Director, technology transfer specialists from State and Private
Forestry, the Forestry Sciences Laboratory in Princeton, West Virginia,
and any other organizational unit of the Department of Agriculture as
the Secretary deems appropriate. The overall management of the Institute
will be the responsibility of the Forest Service, State and Private
Forestry.
(d) The Secretary is hereby and hereafter authorized to generate
revenue using the authorities provided herein. Any revenue received as
part of the operation of the Institute shall be deposited into a special
fund in the Treasury of the United States, known as the ``Hardwood
Technology Transfer and Applied Research Fund'', which shall be
available to the Secretary until expended, without further
appropriation, in furtherance of the purposes of this section, including
upkeep, management, and operation of the Institute and the payment of
salaries and expenses.
(e) There are hereby and hereafter authorized to be appropriated
such sums as necessary to carry out the provisions of this section.
Sec. 333. No timber sale in Region 10 shall be advertised if the
indicated rate is deficit when appraised under the transaction evidence
appraisal system using domestic Alaska values for western red cedar:
Provided, That sales which are deficit when appraised under the
transaction evidence appraisal system using domestic Alaska values for
western red cedar may be advertised upon receipt
[[Page 113 STAT. 1501A-198]]
of a written request by a prospective, informed bidder, who has the
opportunity to review the Forest Service's cruise and harvest cost
estimate for that timber. Program accomplishments shall be based on
volume sold. Should Region 10 sell, in fiscal year 2000, the annual
average portion of the decadal allowable sale quantity called for in the
current Tongass Land Management Plan in sales which are not deficit when
appraised under the transaction evidence appraisal system using domestic
Alaska values for western red cedar, all of the western red cedar timber
from those sales which is surplus to the needs of domestic processors in
Alaska, shall be made available to domestic processors in the contiguous
48 United States at prevailing domestic prices. Should Region 10 sell,
in fiscal year 2000, less than the annual average portion of the decadal
allowable sale quantity called for in the current Tongass Land
Management Plan in sales which are not deficit when appraised under the
transaction evidence appraisal system using domestic Alaska values for
western red cedar, the volume of western red cedar timber available to
domestic processors at prevailing domestic prices in the contiguous 48
United States shall be that volume: (i) which is surplus to the needs of
domestic processors in Alaska; and (ii) is that percent of the surplus
western red cedar volume determined by calculating the ratio of the
total timber volume which has been sold on the Tongass to the annual
average portion of the decadal allowable sale quantity called for in the
current Tongass Land Management Plan. The percentage shall be calculated
by Region 10 on a rolling basis as each sale is sold (for purposes of
this amendment, a ``rolling basis'' shall mean that the determination of
how much western red cedar is eligible for sale to various markets shall
be made at the time each sale is awarded). Western red cedar shall be
deemed ``surplus to the needs of domestic processors in Alaska'' when
the timber sale holder has presented to the Forest Service documentation
of the inability to sell western red cedar logs from a given sale to
domestic Alaska processors at price equal to or greater than the log
selling value stated in the contract. All additional western red cedar
volume not sold to Alaska or contiguous 48 United States domestic
processors may be exported to foreign markets at the election of the
timber sale holder. All Alaska yellow cedar may be sold at prevailing
export prices at the election of the timber sale holder.
Sec. 334. Subsection 104(d) of Public Law 104-333 (110 Stat. 4102)
is amended--
(1) in paragraph (3) by striking ``after determining that
the projects to be funded from the proceeds thereof are
creditworthy and that a repayment schedule is established and
only'' and inserting ``including a review of the
creditworthiness of the loan and establishment of a repayment
schedule,'' after ``and subject to such terms and conditions,'';
and
(2) in paragraph (4) by inserting ``paragraph (3) of''
before ``this subsection''.
Sec. 335. The Secretary of Agriculture and the Secretary of the
Interior shall:
(1) prepare the report required of them by section 323(a) of
the Interior and Related Agencies Appropriations Act, 1998
(Public Law 105-83; 111 Stat. 1543, 1596-7) except that the
report describing the estimated production of goods and services
for the first 5 years during the course of the decision may be
completed for either each individual unit of Federal lands
[[Page 113 STAT. 1501A-199]]
or for each of the Resource Advisory Council or Provincial
Advisory Council units that fall within the Basin area;
(2) distribute the report and make such report available for
public comment for a minimum of 120 days; and
(3) include detailed responses to the public comment in any
final environmental impact statement associated with the
Interior Columbia Basin Ecosystem Management Project.
Sec. 336. None of the funds appropriated by this Act shall be used
to propose or issue rules, regulations, decrees, or orders for the
purpose of implementation, or in preparation for implementation, of the
Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan
at the Third Conference of the Parties to the United Nations Framework
Convention on Climate Change, which has not been submitted to the Senate
for advice and consent to ratification pursuant to article II, section
2, clause 2, of the United States Constitution, and which has not
entered into force pursuant to article 25 of the Protocol.
Sec. 337. (a) Millsites Opinion.--No funds shall be expended by the
Department of the Interior or the Department of Agriculture, for fiscal
years 2000 and 2001, to limit the number or acreage of millsites based
on the ratio between the number or acreage of millsites and the number
or acreage of associated lode or placer claims with respect to any
patent application grandfathered pursuant to section 113 of the
Department of the Interior and Related Agencies, Appropriations Act,
1995; any operation for which a plan of operations has been previously
approved; or any operation for which a plan of operations has been
submitted to the Bureau of Land Management or Forest Service prior to
November 7, 1997.
(b) No Ratification.--Nothing in this Act or the Emergency
Supplemental Act of 1999 shall be construed as an explicit or tacit
adoption, ratification, endorsement, approval, rejection or disapproval
of the opinion dated November 7, 1997, by the solicitor of the
Department of the Interior concerning millsites.
Sec. 338. The Forest Service, in consultation with the Department of
Labor, shall review Forest Service campground concessions policy to
determine if modifications can be made to Forest Service contracts for
campgrounds so that such concessions fall within the regulatory
exemption of 29 CFR 4.122(b). The Forest Service shall offer in fiscal
year 2000 such concession prospectuses under the regulatory exemption,
except that, any prospectus that does not meet the requirements of the
regulatory exemption shall be offered as a service contract in
accordance with the requirements of 41 U.S.C. 351-358.
Sec. 339. Pilot Program of Charges and Fees for Harvest of Forest
Botanical Products. (a) Definition of Forest Botanical Product.--For
purposes of this section, the term ``forest botanical product'' means
any naturally occurring mushrooms, fungi, flowers, seeds, roots, bark,
leaves, and other vegetation (or portion thereof ) that grow on National
Forest System lands. The term does not include trees, except as provided
in regulations issued under this section by the Secretary of
Agriculture.
(b) Recovery of Fair Market Value for Products.--The Secretary of
Agriculture shall develop and implement a pilot program to charge and
collect not less than the fair market value for forest botanical
products harvested on National Forest System lands. The Secretary shall
establish appraisal methods and bidding
[[Page 113 STAT. 1501A-200]]
procedures to ensure that the amounts collected for forest botanical
products are not less than fair market value.
(c) Fees.--
(1) Imposition and collection.--Under the pilot program, the
Secretary of Agriculture shall also charge and collect fees from
persons who harvest forest botanical products on National Forest
System lands to recover all costs to the Department of
Agriculture associated with the granting, modifying, or
monitoring the authorization for harvest of the forest botanical
products, including the costs of any environmental or other
analysis.
(2) Security.--The Secretary may require a person assessed a
fee under this subsection to provide security to ensure that the
Secretary receives the fees imposed under this subsection from
the person.
(d) Sustainable Harvest Levels for Forest Botanical Products.--The
Secretary of Agriculture shall conduct appropriate analyses to determine
whether and how the harvest of forest botanical products on National
Forest System lands can be conducted on a sustainable basis. The
Secretary may not permit under the pilot program the harvest of forest
botanical products at levels in excess of sustainable harvest levels, as
defined pursuant to the Multiple-Use Sustained-Yield Act of 1960 (16
U.S.C. 528 et seq.). The Secretary shall establish procedures and
timeframes to monitor and revise the harvest levels established for
forest botanical products.
(e) Waiver Authority.--
(1) Personal use.--The Secretary of Agriculture shall
establish a personal use harvest level for each forest botanical
product, and the harvest of a forest botanical product below
that level by a person for personal use shall not be subject to
charges and fees under subsections (b) and (c).
(2) Other exceptions.--The Secretary may also waive the
application of subsection (b) or (c) pursuant to such
regulations as the Secretary may prescribe.
(f ) Deposit and Use of Funds.--
(1) Deposit.--Funds collected under the pilot program in
accordance with subsections (b) and (c) shall be deposited into
a special account in the Treasury of the United States.
(2) Funds available.--Funds deposited into the special
account in accordance with paragraph (1) in excess of the
amounts collected for forest botanical products during fiscal
year 1999 shall be available for expenditure by the Secretary of
Agriculture under paragraph (3) without further appropriation,
and shall remain available for expenditure until the date
specified in subsection (h)(2).
(3) Authorized uses.--The funds made available under
paragraph (2) shall be expended at units of the National Forest
System in proportion to the charges and fees collected at that
unit under the pilot program to pay for--
(A) in the case of funds collected under subsection
(b), the costs of conducting inventories of forest
botanical products, determining sustainable levels of
harvest, monitoring and assessing the impacts of harvest
levels and methods, and for restoration activities,
including any necessary vegetation; and
[[Page 113 STAT. 1501A-201]]
(B) in the case of fees collected under subsection
(c), the costs described in paragraph (1) of such
subsection.
(4) Treatment of fees.--Funds collected under subsections
(b) and (c) shall not be taken into account for the purposes of
the following laws:
(A) The sixth paragraph under the heading ``forest
service'' in the Act of May 23, 1908 (16 U.S.C. 500) and
section 13 of the Act of March 1, 1911 (commonly known
as the Weeks Act; 16 U.S.C. 500).
(B) The fourteenth paragraph under the heading
``forest service'' in the Act of March 4, 1913 (16
U.S.C. 501).
(C) Section 33 of the Bankhead-Jones Farm Tenant Act
(7 U.S.C. 1012).
(D) The Act of August 8, 1937, and the Act of May
24, 1939 (43 U.S.C. 1181a et seq.).
(E) Section 6 of the Act of June 14, 1926 (commonly
known as the Recreation and Public Purposes Act; 43
U.S.C. 869-4).
(F) Chapter 69 of title 31, United States Code.
(G) Section 401 of the Act of June 15, 1935 (16
U.S.C. 715s).
(H) Section 4 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-6a).
(I) Any other provision of law relating to revenue
allocation.
(g) Reporting Requirements.--As soon as practicable after the end of
each fiscal year in which the Secretary of Agriculture collects charges
and fees under subsections (b) and (c) or expends funds from the special
account under subsection (f ), the Secretary shall submit to the
Congress a report summarizing the activities of the Secretary under the
pilot program, including the funds generated under subsections (b) and
(c), the expenses incurred to carry out the pilot program, and the
expenditures made from the special account during that fiscal year.
(h) Duration of Pilot Program.--
(1) Charges and fees.--The Secretary of Agriculture may
collect charges and fees under the authority of subsections (b)
and (c) only during fiscal years 2000 through 2004.
(2) Use of special account.--The Secretary may make
expenditures from the special account under subsection (f )
until September 30 of the fiscal year following the last fiscal
year specified in paragraph (1). After that date, amounts
remaining in the special account shall be transferred to the
general fund of the Treasury.
Sec. 340. Title III, section 3001 of Public Law 106-31 is amended by
inserting after ``Alabama,'' the following: ``in fiscal year 1999 or
2000''.
Sec. 341. Section 347 of title III of section 101(e) of division A
of Public Law 105-277 is hereby amended--
(1) in subsection (a)--
(A) by inserting ``, via agreement or contract as
appropriate,'' before ``may enter into''; and
(B) by striking ``(28) contracts with private
persons and'' and inserting ``(28) stewardship
contracting demonstration pilot projects with private
persons or other public or private'';
[[Page 113 STAT. 1501A-202]]
(2) in subsection (b), by striking ``contract'' and
inserting ``project'';
(3) in subsection (c)--
(A) in the heading, by inserting ``Agreements or''
before ``Contracts'';
(B) in paragraph (1)--
(i) by striking ``a contract'' and inserting
``an agreement or contract''; and
(ii) by striking ``private contracts'' and
inserting ``private agreements or contracts'';
(C) in paragraph (3), by inserting ``agreement or''
before ``contracts''; and
(D) in paragraph (4), by inserting ``agreement or''
before ``contracts'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``a contract'' and
inserting ``an agreement or contract''; and
(B) in paragraph (2), by striking ``a contract'' and
inserting ``an agreement or contract''; and
(5) in subsection (g)--
(A) in the first sentence by striking ``contract''
and inserting ``pilot project''; and
(B) in the last sentence--
(i) by inserting ``agreements or'' before
``contracts''; and
(ii) by inserting ``agreements or'' before
``contract''.
Sec. 342. Notwithstanding section 343 of Public Law 105-83,
increases in recreation residence fees shall be implemented in fiscal
year 2000 only to the extent that the fiscal year 2000 fees do not
exceed the fiscal year 1999 fee by more than $2,000.
Sec. 343. Redesignation of Blackstone River Valley National Heritage
Corridor in Honor of John H. Chafee. (a) Corridor.--
(1) In general.--The Blackstone River Valley National
Heritage Corridor established by section 1 of Public Law 99-647
(16 U.S.C. 461 note) is redesignated as the ``John H. Chafee
Blackstone River Valley National Heritage Corridor''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Blackstone River Valley National Heritage Corridor shall be
deemed to be a reference to the John H. Chafee Blackstone River
Valley National Heritage Corridor.
(b) Commission.--
(1) In general.--The Blackstone River Valley National
Heritage Corridor Commission established by section 3 of Public
Law 99-647 (16 U.S.C. 461 note) is redesignated as the ``John H.
Chafee Blackstone River Valley National Heritage Corridor
Commission''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Blackstone River Valley National Heritage Corridor Commission
shall be deemed to be a reference to the John H. Chafee
Blackstone River Valley National Heritage Corridor Commission.
(c) Conforming Amendments.--
(1) Section 1 of Public Law 99-647 (16 U.S.C. 461 note) is
amended in the first sentence by striking ``Blackstone River
[[Page 113 STAT. 1501A-203]]
Valley National Heritage Corridor'' and inserting ``John H.
Chafee Blackstone River Valley National Heritage Corridor''.
(2) Section 3 of Public Law 99-647 (16 U.S.C. 461 note) is
amended--
(A) in the section heading, by striking ``blackstone
river valley national heritage corridor commission'' and
inserting ``john h. chafee blackstone river valley
national heritage corridor commission''; and
(B) in subsection (a), by striking ``Blackstone
River Valley National Heritage Corridor Commission'' and
inserting ``John H. Chafee Blackstone River Valley
National Heritage Corridor Commission''.
Sec. 344. A project undertaken by the Forest Service under the
Recreation Fee Demonstration Program as authorized by section 315 of the
Department of the Interior and Related Agencies Appropriations Act for
Fiscal Year 1996, as amended, shall not result in--
(1) displacement of the holder of an authorization to
provide commercial recreation services on Federal lands. Prior
to initiating any project, the Secretary shall consult with
potentially affected holders to determine what impacts the
project may have on the holders. Any modifications to the
authorization shall be made within the terms and conditions of
the authorization and authorities of the impacted agency.
(2) the return of a commercial recreation service to the
Secretary for operation when such services have been provided in
the past by a private sector provider, except when--
(A) the private sector provider fails to bid on such
opportunities;
(B) the private sector provider terminates its
relationship with the agency; or
(C) the agency revokes the permit for non-compliance
with the terms and conditions of the authorization.
In such cases, the agency may use the Recreation Fee Demonstration
Program to provide for operations until a subsequent operator can be
found through the offering of a new prospectus.
Sec. 345. National Forest-Dependent Rural Communities Economic
Diversification. (a) Findings and Purposes.--Section 2373 of the
National Forest-Dependent Rural Communities Economic Diversification Act
of 1990 (7 U.S.C. 6611) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``national
forests'' and inserting ``National Forest System land'';
(B) in paragraph (4), by striking ``the national
forests'' and inserting ``National Forest System land'';
(C) in paragraph (5), by striking ``forest
resources'' and inserting ``natural resources''; and
(D) in paragraph (6), by striking ``national forest
resources'' and inserting ``National Forest System land
resources''; and
(2) in subsection (b)(1)--
(A) by striking ``national forests'' and inserting
``National Forest System land''; and
(B) by striking ``forest resources'' and inserting
``natural resources''.
(b) Definitions.--Section 2374(1) of the National Forest-Dependent
Rural Communities Economic Diversification Act of 1990
[[Page 113 STAT. 1501A-204]]
(7 U.S.C. 6612(1)) is amended by striking ``forestry'' and inserting
``natural resources''.
(c) Rural Forestry and Economic Diversification Action Teams.--
Section 2375(b) of the National Forest-Dependent Rural Communities
Economic Diversification Act of 1990 (7 U.S.C. 6613(b)) is amended--
(1) in the first sentence, by striking ``forestry'' and
inserting ``natural resources''; and
(2) in the second and third sentences, by striking
``national forest resources'' and inserting ``National Forest
System land resources''.
(d) Action Plan Implementation.--Section 2376(a) of the National
Forest-Dependent Rural Communities Economic Diversification Act of 1990
(7 U.S.C. 6614(a)) is amended--
(1) by striking ``forest resources'' and inserting ``natural
resources''; and
(2) by striking ``national forest resources'' and inserting
``National Forest System land resources''.
(e) Training and Education.--Paragraphs (3) and (4) of section
2377(a) of the National Forest-Dependent Rural Communities Economic
Diversification Act of 1990 (7 U.S.C. 6615(a)) are amended by striking
``national forest resources'' and inserting ``National Forest System
land resources''.
(f ) Loans to Economically Disadvantaged Rural Communities.--
Paragraphs (2) and (3) of section 2378(a) of the National Forest-
Dependent Rural Communities Economic Diversification Act of 1990 (7
U.S.C. 6616(a)) are amended by striking ``national forest resources''
and inserting ``National Forest System land resources''.
Sec. 346. Interstate 90 Land Exchange Amendment. (a) This section
shall be referred to as the ``Interstate 90 Land Exchange Amendment''.
(b) Section 604(a) of the Interstate 90 Land Exchange Act of 1998,
Public Law 105-277; 112 Stat. 2681-328 (1998), is hereby amended by
adding at the end of the first sentence: ``except title to offered lands
and interests in lands described as follows: Township 21 North, Range 12
East, Section 15, W.M., Township 21 North, Range 12 East, Section 23,
W.M., Township 21 North, Range 12 East, Section 25, W.M., Township 19
North, Range 13 East, Section 7, W.M., Township 19 North, Range 15 East,
Section 31, W.M., Township 19 North, Range 14 East, Section 25, W.M.,
Township 22 North, Range 11 East, Section 3, W.M., and Township 22
North, Range 11 East, Section 19, W.M. must be placed in escrow by Plum
Creek, according to terms and conditions acceptable to the Secretary and
Plum Creek, for a 3-year period beginning on the later of the date of
the enactment of this Act or consummation of the exchange. During the
period the lands are held in escrow, Plum Creek shall not undertake any
activities on these lands, except for fire suppression and road
maintenance, without the approval of the Secretary, which shall not be
unreasonably withheld''.
(c) Section 604(a) is further amended by inserting in section (2)
after the words ``dated October 1998'' the following: ``except the
following parcels: Township 19 North, Range 15 East, Section 29, W.M.,
Township 18 North, Range 15 East, Section 3, W.M., Township 19 North,
Range 14 East, Section 9, W.M., Township 21 North, Range 14 East,
Section 7, W.M., Township 22 North, Range 12 East, Section 35, W.M.,
Township 22 North, Range 13
[[Page 113 STAT. 1501A-205]]
East, Section 3, W.M., Township 22 North, Range 13 East, Section 9,
W.M., Township 22 North, Range 13 East, Section 11, W.M., Township 22
North, Range 13 East, Section 13, W.M., Township 22 North, Range 13
East, Section 15, W.M., Township 22 North, Range 13 East, Section 25,
W.M., Township 22 North, Range 13 East, Section 33, W.M., Township 22
North, Range 13 East, Section 35, W.M., Township 22 North, Range 14
East, Section 7, W.M., Township 22 North, Range 14 East, Section 9,
W.M., Township 22 North, Range 14 East, Section 11, W.M., Township 22
North, Range 14 East, Section 15, W.M., Township 22 North, Range 14
East, Section 17, W.M., Township 22 North, Range 14 East, Section 21,
W.M., Township 22 North, Range 14 East, Section 31, W.M., Township 22
North, Range 14 East, Section 27, W.M. The appraisal approved by the
Secretary of Agriculture on June 14, 1999 (the ``Appraisal'') shall be
adjusted by subtracting the values for the parcels described in the
preceding sentence determined during the Appraisal process in the
context of the whole estate to be conveyed''.
(d) Section 604(b) of the Interstate 90 Land Exchange Act of 1998,
Public Law 105-277; 112 Stat. 2681-328 (1998), is hereby amended by
inserting after the words ``offered land'' the following: ``, as
provided in section 604(a), and placement in escrow of acceptable title
to Township 22 North, Range 11 East, Section 3, W.M., Township 22 North,
Range 11 East, Section 19, W.M., Township 21 North, Range 12 East,
Section 15, W.M., Township 21 North, Range 12 East, Section 23, W.M.,
Township 21 North, Range 12 East, Section 25, W.M., Township 19 North,
Range 13 East, Section 7, W.M., Township 19 North, Range 15 East,
Section 31, W.M., and Township 19 North, Range 14 East, Section 25,
W.M.''.
(e) Section 604(b) is further amended by inserting the following
before the colon: ``except Township 19 North, Range 10 East, W.M.,
Section 4, Township 20 North, Range 10 East, W.M., Section 32, and
Township 21 North, Range 14 East, W.M., W\1/2\W\1/2\ of Section 16,
Township 12 North, Range 7 East, Sections 4 and 5, W.M., Township 13
North, Range 7 East, Sections 32 and 33, W.M., Township 8 North, Range 4
East, Section 17 and the S\1/2\ of 16, W.M., which shall be retained by
the United States''. The Appraisal shall be adjusted by subtracting the
values determined for Township 19 North, Range 10 East, W.M., Section 4,
Township 20 North, Range 10 East, W.M., Section 32, Township 12 North,
Range 7 East, Sections 4 and 5, W.M., Township 13 North, Range 7 East,
Sections 32 and 33, W.M., Township 8 North, Range 4 East, Section 17 and
the S\1/2\ of Section 16, W.M. during the Appraisal process in the
context of the whole estate to be conveyed.
(f ) After adjustment of the Appraisal, the values of the offered
and selected lands, including the offered lands held in escrow, shall be
equalized as follows:
(1) the appraised value of the offered lands, as such lands
and appraised value have been adjusted hereby, minus the
appraised value of the offered lands to be placed into escrow,
shall be compared to the appraised value of the selected lands,
as such lands and appraised value have been adjusted hereby, and
the Secretary shall equalize such values by the payment of cash
to Plum Creek at the time that deeds are exchanged, such cash to
come from currently appropriated funds, or, if necessary, by
reprogramming; and
(2) the Secretary shall compensate Plum Creek for the lands
placed into escrow, based upon the values determined
[[Page 113 STAT. 1501A-206]]
for each such parcel during the Appraisal process in the context
of the whole estate to be conveyed, through the following,
including any combination thereof:
(A) conveyance of any other lands under the
jurisdiction of the Secretary acceptable to Plum Creek
and the Secretary after compliance with all applicable
Federal environmental and other laws; and
(B) to the extent sufficient acceptable lands are
not available pursuant to paragraph (A) of this
subsection, cash payments as and to the extent funds
become available through appropriations, private
sources, or, if necessary, by reprogramming.
The Secretary shall promptly seek to identify lands acceptable to
equalize values under paragraph (A) of this subsection and shall, not
later than July 1, 2000, provide a report to the Congress outlining the
results of such efforts.
(g) As funds or lands are provided to Plum Creek by the Secretary,
Plum Creek shall release to the United States deeds for lands and
interests in lands held in escrow based on the values determined during
the Appraisal process in the context of the whole estate to be conveyed.
Deeds shall be released for lands and interests in lands in the
following order: Township 21 North, Range 12 East, Section 15, W.M.,
Township 21 North, Range 12 East, Section 23, W.M., Township 21 North,
Range 12 East, Section 25, W.M., Township 19 North, Range 13 East,
Section 7, Township 19 North, Range 15 East, Section 31, Township 19
North, Range 14 East, Section 25, Township 22 North, Range 11 East,
Section 3, W.M., and Township 22 North, Range 11 East, Section 19, W.M.
(h) Section 606(d) is hereby amended to read as follows: ``Timing.--
The Secretary and Plum Creek shall make the adjustments directed in
section 604(a) and (b) and consummate the land exchange within 30 days
of the enactment of the Interstate 90 Land Exchange Amendment, unless
the Secretary and Plum Creek mutually agree to extend the consummation
date.''.
(i) The deadline for the Report to Congress required by section
609(c) of the Interstate 90 Land Exchange Act of 1998 is hereby
extended. Such Report is due to the Congress 18 months from the date of
the enactment of this Interstate 90 Land Exchange Amendment.
( j) Section 610 of the Interstate 90 Land Exchange Act of 1998, is
hereby amended by striking ``date of enactment of this Act'' and
inserting ``first date on which deeds are exchanged to consummate the
land exchange''.
Sec. 347. The Snoqualmie National Forest Boundary Adjustment Act of
1999. (a) In General.--The boundary of the Snoqualmie National Forest is
hereby adjusted as generally depicted on a map entitled ``Snoqualmie
National Forest 1999 Boundary Adjustment'' dated June 30, 1999. Such
map, together with a legal description of all lands included in the
boundary adjustment, shall be on file and available for public
inspection in the Office of the Chief of the Forest Service in
Washington, District of Columbia. Nothing in this subsection shall limit
the authority of the Secretary of Agriculture to adjust the boundary
pursuant to section 11 of the Weeks Law of March 1, 1911.
(b) Rule for Land and Water Conservation Fund.--For the purposes of
section 7 of the Land and Water Conservation
[[Page 113 STAT. 1501A-207]]
Fund Act of 1965 (16 U.S.C. 460l-9), the boundary of the Snoqualmie
National Forest, as adjusted by subsection (a), shall be considered to
be the boundary of the Forest as of January 1, 1965.
Sec. 348. Section 1770(d) of the Food Security Act of 1985 (7 U.S.C.
2276(d)) is amended by redesignating paragraph (10) as paragraph (11)
and by inserting after paragraph (9) the following new paragraph:
``(10) section 3(e) of the Forest and Rangeland Renewable
Resources Research Act of 1978 (16 U.S.C. 1642(e));''.
Sec. 349. None of the funds appropriated or otherwise made available
by this Act may be used to implement or enforce any provision in
Presidential Executive Order No. 13123 regarding the Federal Energy
Management Program which circumvents or contradicts any statutes
relevant to Federal energy use and the measurement thereof.
Sec. 350. Investment of Exxon Valdez Oil Spill Court Recovery in
High Yield Investments and in Marine Research. (1) Notwithstanding any
other provision of law and subject to the provisions of paragraphs (5)
and (7), upon the joint motion of the United States and the State of
Alaska and the issuance of an appropriate order by the United States
District Court for the District of Alaska, the joint trust funds, or any
portion thereof, including any interest accrued thereon, previously
received or to be received by the United States and the State of Alaska
pursuant to the Agreement and Consent Decree issued in United States v.
Exxon Corporation, et al. (No. A91-082 CIV) and State of Alaska v. Exxon
Corporation, et al. (No. A91-083 CIV) (hereafter referred to as the
``Consent Decree''), may be deposited in--
(A) the Natural Resource Damage Assessment and Restoration
Fund (hereafter referred to as the ``Fund'') established in
title I of the Department of the Interior and Related Agencies
Appropriations Act, 1992 (Public Law 102-154; 43 U.S.C. 1474b);
(B) accounts outside the United States Treasury (hereafter
referred to as ``outside accounts''); or
(C) both.
Any funds deposited in an outside account may be invested only in
income-producing obligations and other instruments or securities that
have been determined unanimously by the Federal and State natural
resource trustees for the Exxon Valdez oil spill (``trustees'') to have
a high degree of reliability and security.
(2) Joint trust funds deposited in the Fund or an outside account
that have been approved unanimously by the Trustees for expenditure by
or through a State or Federal agency shall be transferred promptly from
the Fund or the outside account to the State of Alaska or United States
upon the joint request of the governments.
(3) The transfer of joint trust funds outside the Court Registry
shall not affect the supervisory jurisdiction of the district court
under the Consent Decree or the Memorandum of Agreement and Consent
Decree in United States v. State of Alaska (No. A91-081-CIV) over all
expenditures of the joint trust funds.
(4) Nothing herein shall affect the requirement of section 207 of
the dire emergency supplemental appropriations and transfers for relief
from the effects of natural disasters, for other urgent needs, and for
the incremental cost of ``Operation Desert Shield/
[[Page 113 STAT. 1501A-208]]
Desert Storm'' Act of 1992 (Public Law 102-229; 42 U.S.C. 1474b note)
that amounts received by the United States and designated by the
trustees for the expenditure by or through a Federal agency must be
deposited into the Fund.
(5) All remaining settlement funds are eligible for the investment
authority granted under this section so long as they are managed and
allocated consistent with the Resolution of the Trustees adopted March
1, 1999, concerning the Restoration Reserve, as follows:
(A) $55 million of the funds remaining on October 1, 2002,
and the associated earnings thereafter shall be managed and
allocated for habitat protection programs including small parcel
habitat acquisitions. Such sums shall be reduced by--
(i) the amount of any payments made after the date
of enactment of this Act from the Joint Trust Funds
pursuant to an agreement between the Trustee Council and
Koniag, Inc., which includes those lands which are
presently subject to the Koniag Non-Development
Easement, including, but not limited to, the
continuation or modification of such Easement; and
(ii) payments in excess of $6.32 million for any
habitat acquisition or protection from the joint trust
funds after the date of enactment of this Act and prior
to October 1, 2002, other than payments for which the
Council is currently obligated through purchase
agreements with the Kodiak Island Borough, Afognak Joint
Venture and the Eyak Corporation.
(B) All other funds remaining on October 1, 2002, and the
associated earnings shall be used to fund a program, consisting
of--
(i) marine research, including applied fisheries
research;
(ii) monitoring; and
(iii) restoration, other than habitat acquisition,
which may include community and economic restoration
projects and facilities (including projects proposed by
the communities of the EVOS Region or the fishing
industry), consistent with the Consent Decree.
(6) The Federal trustees and the State trustees, to the extent
authorized by State law, are authorized to issue grants as needed to
implement this program.
(7) The authority provided in this section shall expire on September
30, 2002, unless by September 30, 2001, the Trustees have submitted to
the Congress a report recommending a structure the Trustees believe
would be most effective and appropriate for the administration and
expenditure of remaining funds and interest received. Upon the
expiration of the authorities granted in this section all monies in the
Fund or outside accounts shall be returned to the Court Registry or
other account permitted by law.
Sec. 351. Youth Conservation Corps and Related Partnerships. (a)
Notwithstanding any other provision of this Act, there shall be
available for high priority projects which shall be carried out by the
Youth Conservation Corps as authorized by Public Law 91-378, or related
partnerships with non-Federal youth conservation corps or entities such
as the Student Conservation Association, up to $1,000,000 of the funds
available to the Bureau of Land Management under this Act, in order to
increase the number of
[[Page 113 STAT. 1501A-209]]
summer jobs available for youths, ages 15 through 22, on Federal lands.
(b) Within 6 months after the date of the enactment of this Act, the
Secretary of Agriculture and the Secretary of the Interior shall jointly
submit a report to the House and Senate Committees on Appropriations and
the Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives that includes the
following--
(1) the number of youths, ages 15 through 22, employed
during the summer of 1999, and the number estimated to be
employed during the summer of 2000, through the Youth
Conservation Corps, the Public Land Corps, or a related
partnership with a State, local or nonprofit youth conservation
corps or other entities such as the Student Conservation
Association;
(2) a description of the different types of work
accomplished by youths during the summer of 1999;
(3) identification of any problems that prevent or limit the
use of the Youth Conservation Corps, the Public Land Corps, or
related partnerships to accomplish projects described in
subsection (a);
(4) recommendations to improve the use and effectiveness of
partnerships described in subsection (a); and
(5) an analysis of the maintenance backlog that identifies
the types of projects that the Youth Conservation Corps, the
Public Land Corps, or related partnerships are qualified to
complete.
Sec. 352. (a) North Pacific Research Board.--Section 401 of Public
Law 105-83 is amended as follows:
(1) In subsection (c)--
(A) by striking ``available for appropriation, to
the extent provided in the subsequent appropriations
Acts,'' and inserting ``made available'';
(B) by inserting ``To the extent provided in the
subsequent appropriations Acts,'' at the beginning of
paragraph (1);
(C) by inserting ``without further appropriation''
after ``20 percent of such amounts shall be made
available''; and
(2) by striking subsection (f ).
Sec. 353. None of the funds in this Act may be used by the Secretary
of the Interior to issue a prospecting permit for hardrock mineral
exploration on Mark Twain National Forest land in the Current River/
Jack's Fork River--Eleven Point Watershed (not including Mark Twain
National Forest land in Townships 31N and 32N, Range 2 and Range 3 West,
on which mining activities are taking place as of the date of the
enactment of this Act): Provided, That none of the funds in this Act may
be used by the Secretary of the Interior to segregate or withdraw land
in the Mark Twain National Forest, Missouri under section 204 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714).
Sec. 354. Public Law 105-83, the Department of the Interior and
Related Agencies Appropriations Act of November 17, 1997, title III,
section 331 is hereby amended by adding before the period: ``: Provided
further, That to carryout the provisions of this section,
[[Page 113 STAT. 1501A-210]]
the Bureau of Land Management and the Forest Service may establish
Transfer Appropriation Accounts (also known as allocation accounts) as
needed''.
Sec. 355. White River National Forest.--The Forest Service shall
extend the public comment period on the White River National Forest plan
revision for 90 days beyond February 9, 2000.
Sec. 356. The first section of Public Law 99-215 (99 Stat. 1724), as
amended by section 597 of the Water Resources Development Act of 1999
(Public Law 106-53), is further amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsections:
``(c) The National Capital Planning Commission shall vacate and
terminate an Easement and Declaration of Covenants, dated February 2,
1989, conveyed by the owner of the adjacent real property pursuant to
subsection (b)(1)(D) in exchange for, and not later than 30 days after,
the vacation and termination of the Deed of Easement, dated January 4,
1989, conveyed by the Maryland National Capital Park and Planning
Commission pursuant to subsection (b)(1).
``(d) Effective on the date of the enactment of this subsection, the
memorandum of May 7, 1985, and any amendments thereto, shall
terminate.''.
Sec. 357. None of the funds in this Act or any other Act shall be
used by the Secretary of the Interior to promulgate final rules to
revise 43 CFR subpart 3809, except that the Secretary, following the
public comment period required by section 3002 of Public Law 106-31, may
issue final rules to amend 43 C.F.R. Subpart 3809 which are not
inconsistent with the recommendations contained in the National Research
Council report entitled ``Hardrock Mining on Federal Lands'' so long as
these regulations are also not inconsistent with existing statutory
authorities. Nothing in this section shall be construed to expand the
existing statutory authority of the Secretary.
TITLE IV--MISSISSIPPI NATIONAL FOREST IMPROVEMENT ACT OF 1999
SEC. 401. SHORT TITLE.
This title may be cited as the ``Mississippi National Forest
Improvement Act of 1999''.
SEC. 402. DEFINITIONS.
In this title:
(1) Agreement.--The term ``Agreement'' means the Agreement
described in section 405(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) State.--The term ``State'' means the State of
Mississippi.
(4) University.--The term ``University'' means the
University of Mississippi.
(5) University land.--The term ``University land'' means
land described in section 404(a).
[[Page 113 STAT. 1501A-211]]
SEC. 403. CONVEYANCE OF ADMINISTRATIVE SITES AND SMALL PARCELS.
(a) In General.--The Secretary may, under such terms and conditions
as the Secretary may prescribe, sell or exchange any or all right,
title, and interest of the United States in and to the following tracts
of land in the State:
(1) Gulfport Laboratory Site, consisting of approximately 10
acres, as depicted on the map entitled ``Gulfport Laboratory
Site, May 21, 1998''.
(2) Raleigh Dwelling Site No. 1, consisting of approximately
0.44 acre, as depicted on the map entitled ``Raleigh Dwelling
Site No. 1, May 21, 1998''.
(3) Raleigh Dwelling Site No. 2, consisting of approximately
0.47 acre, as depicted on the map entitled ``Raleigh Dwelling
Site No. 2, May 21, 1998''.
(4) Rolling Fork Dwelling Site, consisting of approximately
0.303 acre, as depicted on the map entitled ``Rolling Fork
Dwelling Site, May 21, 1998''.
(5) Gloster Dwelling Site, consisting of approximately 0.55
acre, as depicted on the map entitled ``Gloster Dwelling Site,
May 21, 1998''.
(6) Gloster Office Site, consisting of approximately 1.00
acre, as depicted on the map entitled ``Gloster Office Site, May
21, 1998''.
(7) Gloster Work Center Site, consisting of approximately
2.00 acres, as depicted on the map entitled ``Gloster Work
Center Site, May 21, 1998''.
(8) Holly Springs Dwelling Site, consisting of approximately
0.31 acre, as depicted on the map entitled ``Holly Springs
Dwelling Site, May 21, 1998''.
(9) Isolated parcels of National Forest land located in
Township 5 South, Ranges 12 and 13 West, and in Township 3
North, Range 12 West, sections 23, 33, and 34, St. Stephens
Meridian.
(10) Isolated parcels of National Forest land acquired after
the date of the enactment of this Act from the University of
Mississippi located in George and Jackson Counties.
(11) Approximately 20 acres of National Forest land and
structures located in Township 6 North, Range 3 East, Section
30, Washington Meridian.
(b) Consideration.--Consideration for a sale or exchange of land
under subsection (a) may include the acquisition of land, existing
improvements, or improvements constructed to the specifications of the
Secretary.
(c) Applicable Law.--Except as otherwise provided in this section,
any sale or exchange of land under subsection (a) shall be subject to
the laws (including regulations) applicable to the conveyance and
acquisition of land for the National Forest System.
(d) Cash Equalization.--Notwithstanding any other provision of law,
the Secretary may accept a cash equalization payment in excess of 25
percent of the value of land exchanged under subsection (a).
(e) Solicitation of Offers.--
(1) In general.--The Secretary may solicit offers for the
sale or exchange of land under this section on such terms and
conditions as the Secretary may prescribe.
[[Page 113 STAT. 1501A-212]]
(2) Rejection of offers.--The Secretary may reject any offer
made under this section if the Secretary determines that the
offer is not adequate or not in the public interest.
(f ) Deposit of Proceeds.--The Secretary shall deposit the proceeds
of a sale or exchange under subsection (a) in the fund established under
Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk Act'').
(g) Use of Proceeds.--Funds deposited under subsection (f ) shall be
available until expended for--
(1) the construction of a research laboratory and office
facility at the Forest Service administrative site located at
the Mississippi State University at Starkville, Mississippi;
(2) the acquisition, construction, or improvement of
administrative facilities in connection with units of the
National Forest System in the State; and
(3) the acquisition of land and interests in land for units
of the National Forest System in the State.
SEC. 404. DE SOTO NATIONAL FOREST ADDITION.
(a) Acquisition.--The Secretary may acquire for fair market value
all right, title, and interest in land owned by the University of
Mississippi within or near the boundaries of the De Soto National Forest
in Stone, George, and Jackson Counties, Mississippi, comprising
approximately 22,700 acres.
(b) Boundaries.--
(1) In general.--The boundaries of the De Soto National
Forest shall be modified as depicted on the map entitled ``De
Soto National Forest Boundary Modification--April, 1999'' to
include any acquisition of University land under this section.
(2) Availability of map.--The map described in paragraph (1)
shall be available for public inspection in the office of the
Chief of the Forest Service in Washington, District of Columbia.
(3) Allocation of moneys for federal purposes.--For the
purpose of section 7 of the Land and Water Conservation Fund Act
of 1965 (16 U.S.C. 460l-9), the boundaries of the De Soto
National Forest, as modified by this subsection, shall be
considered the boundaries of the De Soto National Forest as of
January 1, 1965.
(c) Management.--
(1) In general.--The Secretary shall assume possession and
all management responsibilities for University land acquired
under this section on the date of acquisition.
(2) Cooperative management agreement.--For the fiscal year
containing the date of the enactment of this Act and each of the
four fiscal years thereafter, the Secretary may enter into a
cooperative agreement with the University that provides for
Forest Service management of any University land acquired, or
planned to be acquired, under this section.
(3) Administration.--University land acquired under this
section shall be--
(A) subject to the Act of March 1, 1911 (16 U.S.C.
480 et seq.) (commonly known as the ``Weeks Act'') and
other laws (including regulations) pertaining to the
National Forest System; and
(B) managed in a manner that is consistent with the
land and resource management plan applicable to the De
[[Page 113 STAT. 1501A-213]]
Soto National Forest on the date of the enactment of
this Act, until the plan is revised in accordance with
the regularly scheduled process for revision.
SEC. 405. FRANKLIN COUNTY LAND.
(a) In General.--The Agreement dated April 24, 1999, entered into
between the Secretary, the State, and the Franklin County School Board
that provides for the Federal acquisition of land owned by the State for
the construction of the Franklin Lake Dam in Franklin County,
Mississippi, is ratified and the parties to the Agreement are authorized
to implement the terms of the Agreement.
(b) Federal Grant.--
(1) In general.--Subject to reservations and exceptions
contained in the Agreement, there is granted and quit claimed to
the State all right, title, and interest of the United States in
the federally-owned land described in Exhibit A to the
Agreement.
(2) Management.--The land granted to the State under the
Agreement shall be managed as school land grants.
(c) Acquisition of State Land.--
(1) In general.--All right, title, and interest in and to
the 655.94 acres of land described as Exhibit B to the Agreement
is vested in the United States along with the right of immediate
possession by the Secretary.
(2) Compensation.--Compensation owed to the State and the
Franklin County School Board for the land described in paragraph
(1) shall be provided in accordance with the Agreement.
(d) Correction of Descriptions.--The Secretary and the Secretary of
State of the State may, by joint modification of the Agreement, make
minor corrections to the descriptions of the land described on Exhibits
A and B to the Agreement.
(e) Security Interest.--
(1) In general.--Any cash equalization indebtedness owed to
the United States pursuant to the Agreement shall be secured
only by the timber on the granted land described in Exhibit A of
the Agreement.
(2) Loss of security.--The United States shall have no
recourse against the State or the Franklin County School Board
as the result of the loss of the security described in paragraph
(1) due to fire, insects, natural disaster, or other
circumstance beyond the control of the State or Board.
(3) Release of liens.--On payment of cash equalization as
required by the Agreement, the Secretary (or the Supervisor of
the National Forests in the State or other authorized
representative of the Secretary) shall release any liens on the
granted land described in Exhibit A of the Agreement.
SEC. 406. DISPOSITION OF FUNDS FROM LAND CONVEYANCES.
(a) In General.--The Secretary shall deposit any funds received by
the United States from land conveyances authorized under section 405 in
the fund established under Public Law 90-171 (16 U.S.C. 484a) (commonly
known as the ``Sisk Act'').
(b) Use.--Funds deposited in the fund under subsection (a) shall be
available until expended for the acquisition of land and interests in
land for the National Forest System in the State.
[[Page 113 STAT. 1501A-214]]
(c) Partial Distribution.--Any funds received by the United States
from land conveyances authorized under this Act shall not be subject to
partial distribution to the State under--
(1) the Act entitled ``An Act making appropriations for the
Department of Agriculture for the fiscal year ending June
thirtieth, nineteen hundred and nine'', approved May 23, 1908
(35 Stat. 260, chapter 192; 16 U.S.C. 500);
(2) section 13 of the Act of March 1, 1911 (36 Stat. 963,
chapter 186; 16 U.S.C. 500); or
(3) any other law.
SEC. 407. PHOTOGRAPHIC REPRODUCTIONS AND MAPS.
Section 387 of the Act of February 16, 1938 (7 U.S.C. 1387) is
amended in the first sentence--
(1) by striking ``such'' the first place it appears and
inserting ``information such as geo-referenced data from all
sources,'';
(2) by striking ``(not less than estimated cost of
furnishing such reproductions)''; and
(3) by inserting after ``determine'' the following: ``(but
not less than the estimated costs of data processing, updating,
revising, reformatting, repackaging and furnishing the
reproductions and information)''.
SEC. 408. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title.
TITLE V--UNITED MINE WORKERS OF AMERICA COMBINED BENEFIT FUND
Sec. 501. Notwithstanding any other provision of law, an amount of
$68,000,000 in interest credited to the fund established by section 401
of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1231) for fiscal years 1993 through 1995 not transferred to the Combined
Fund identified in section 402(h)(2) of such Act shall be transferred to
such Combined Fund within 30 days after the enactment of this Act to pay
the amount of any shortfall in any premium account for any plan year
under the Combined Fund. The entire amount transferred by this section
is designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
TITLE VI--PRIORITY LAND ACQUISITIONS AND LAND EXCHANGES
Sec. 601. For priority land acquisitions, land exchange agreements,
and other activities consistent with the Land and Water Conservation
Fund Act of 1965, as amended, $197,500,000, to be derived from the Land
and Water Conservation Fund and to remain available until September 30,
2003, of which $81,000,000 is available to the Secretary of Agriculture
and $116,500,000 is available to the Secretary of the Interior:
Provided, That of the funds made available to the Secretary of
Agriculture, not to exceed $61,000,000 may be used to acquire interests
to protect and preserve the Baca Ranch, subject to the same terms and
conditions placed on other funds provided for this purpose in this Act
under the heading
[[Page 113 STAT. 1501A-215]]
``Forest Service, Land Acquisition'', and $5,000,000 shall be available
for the Forest Legacy program notwithstanding any other provision of
law: Provided further, That of the funds made available to the Secretary
of the Interior, $10,000,000 shall be available for Elwha River
ecosystem restoration, and $5,000,000 shall be available for maintenance
in the National Park Service, notwithstanding any other provision of
law, $20,000,000 shall be available for the State assistance program,
not to exceed $5,000,000 may be used to acquire interests to protect and
preserve the California desert, not to exceed $2,000,000 may be used to
acquire interests to protect and preserve the Rhode Island National
Wildlife Refuge Complex, not to exceed $19,500,000 may be used to
acquire mineral rights within the Grand Staircase-Escalante National
Monument, and not to exceed $35,000,000 may be for State grants for land
acquisition in the State of Florida, subject to the same terms and
conditions placed on other funds provided for this purpose in this Act
under the heading ``National Park Service, Land Acquisition and State
Assistance'': Provided further, That none of the funds appropriated
under this title for purposes other than for State grants for land
acquisition in the State of Florida, the State assistance program, Elwha
River ecosystem restoration, or acquisitions of interests in the Baca
Ranch, the California desert, the Grand Staircase-Escalante National
Monument, and the Rhode Island National Wildlife Refuge Complex shall be
available until the House Committee on Appropriations and the Senate
Committee on Appropriations approve, in writing, a list of projects to
be undertaken with such funds.
This Act may be cited as the ``Department of the Interior and
Related Agencies Appropriations Act, 2000''.
[[Page 113 STAT. 1501A-217]]
APPENDIX D--H.R. 3424
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of Labor,
Health and Human Services, and Education, and related agencies for the
fiscal year ending September 30, 2000, and for other purposes, namely:
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Investment Act, including
the purchase and hire of passenger motor vehicles, the construction,
alteration, and repair of buildings and other facilities, and the
purchase of real property for training centers as authorized by the
Workforce Investment Act; the Stewart B. McKinney Homeless Assistance
Act; the Women in Apprenticeship and Nontraditional Occupations Act; the
National Skill Standards Act of 1994; and the School-to-Work
Opportunities Act; $3,002,618,000 plus reimbursements, of which
$1,650,153,000 is available for obligation for the period July 1, 2000
through June 30, 2001; of which $1,250,965,000 is available for
obligation for the period April 1, 2000 through June 30, 2001; of which
$35,500,000 is available for the period July 1, 2000 through June 30,
2003 including $34,000,000 for necessary expenses of construction,
rehabilitation, and acquisition of Job Corps centers, and $1,500,000
under authority of section 171(d) of the Workforce Investment Act for
use by the Organizing Committee for the 2001 Special Olympics World
Winter Games in Alaska to promote employment opportunities for
individuals with disabilities and other staffing needs; and of which
$55,000,000 shall be available from July 1, 2000 through September 30,
2001, for carrying out activities of the School-to-Work Opportunities
Act: Provided, That $58,800,000 shall be for carrying out section 166 of
the Workforce Investment Act, including $5,000,000 for carrying out
section 166( j)(1) of the Workforce Investment Act, including the
provision of assistance to American Samoans who reside in Hawaii for the
co-location of federally funded and State-funded workforce investment
activities, and $7,000,000 shall be for carrying out the National Skills
Standards Act of 1994: Provided further, That no funds from any other
appropriation shall be used to provide meal services at or for Job Corps
centers: Provided further, That funds provided to carry out section
171(d) of such Act may be used for demonstration projects that provide
assistance to new entrants in the workforce and incumbent workers:
Provided further, That funding provided to carry out projects under
[[Page 113 STAT. 1501A-218]]
section 171 of the Workforce Investment Act of 1998 that are identified
in the Conference Agreement, shall not be subject to the requirements of
section 171(b)(2)(B) of such Act, the requirements of section
171(c)(4)(D) of such Act, or the joint funding requirements of sections
171(b)(2)(A) and 171(c)(4)(A) of such Act: Provided further, That
funding appropriated herein for Dislocated Worker Employment and
Training Activities under section 132(a)(2)(A) of the Workforce
Investment Act of 1998 may be distributed for Dislocated Worker Projects
under section 171(d) of the Act without regard to the 10 percent
limitation contained in section 171(d) of the Act.
For necessary expenses of the Workforce Investment Act, including
the purchase and hire of passenger motor vehicles, the construction,
alteration, and repair of buildings and other facilities, and the
purchase of real property for training centers as authorized by the
Workforce Investment Act; $2,463,000,000 plus reimbursements, of which
$2,363,000,000 is available for obligation for the period October 1,
2000 through June 30, 2001; and of which $100,000,000 is available for
the period October 1, 2000 through June 30, 2003, for necessary expenses
of construction, rehabilitation, and acquisition of Job Corps centers.
community service employment for older americans
To carry out the activities for national grants or contracts with
public agencies and public or private nonprofit organizations under
paragraph (1)(A) of section 506(a) of title V of the Older Americans Act
of 1965, as amended, or to carry out older worker activities as
subsequently authorized, $343,356,000.
To carry out the activities for grants to States under paragraph (3)
of section 506(a) of title V of the Older Americans Act of 1965, as
amended, or to carry out older worker activities as subsequently
authorized, $96,844,000.
federal unemployment benefits and allowances
For payments during the current fiscal year of trade adjustment
benefit payments and allowances under part I; and for training,
allowances for job search and relocation, and related State
administrative expenses under part II, subchapters B and D, chapter 2,
title II of the Trade Act of 1974, as amended, $415,150,000, together
with such amounts as may be necessary to be charged to the subsequent
appropriation for payments for any period subsequent to September 15 of
the current year.
state unemployment insurance and employment service operations
For authorized administrative expenses, $163,452,000, together with
not to exceed $3,090,288,000 (including not to exceed $1,228,000 which
may be used for amortization payments to States which had independent
retirement plans in their State employment service agencies prior to
1980), which may be expended from the Employment Security Administration
account in the Unemployment Trust Fund including the cost of
administering section 1201 of the Small Business Job Protection Act of
1996, section 7(d) of the Wagner-Peyser Act, as amended, the Trade Act
of 1974, as amended, the Immigration Act of 1990, and the Immigration
and
[[Page 113 STAT. 1501A-219]]
Nationality Act, as amended, and of which the sums available in the
allocation for activities authorized by title III of the Social Security
Act, as amended (42 U.S.C. 502-504), and the sums available in the
allocation for necessary administrative expenses for carrying out 5
U.S.C. 8501-8523, shall be available for obligation by the States
through December 31, 2000, except that funds used for automation
acquisitions shall be available for obligation by the States through
September 30, 2002; and of which $163,452,000, together with not to
exceed $738,283,000 of the amount which may be expended from said trust
fund, shall be available for obligation for the period July 1, 2000
through June 30, 2001, to fund activities under the Act of June 6, 1933,
as amended, including the cost of penalty mail authorized under 39
U.S.C. 3202(a)(1)(E) made available to States in lieu of allotments for
such purpose, and of which $125,000,000 shall be available only to the
extent necessary for additional State allocations to administer
unemployment compensation laws to finance increases in the number of
unemployment insurance claims filed and claims paid or changes in a
State law: Provided, That to the extent that the Average Weekly Insured
Unemployment (AWIU) for fiscal year 2000 is projected by the Department
of Labor to exceed 2,638,000, an additional $28,600,000 shall be
available for obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than 100,000) from
the Employment Security Administration Account of the Unemployment Trust
Fund: Provided further, That funds appropriated in this Act which are
used to establish a national one-stop career center network may be
obligated in contracts, grants or agreements with non-State entities:
Provided further, That funds appropriated under this Act for activities
authorized under the Wagner-Peyser Act, as amended, and title III of the
Social Security Act, may be used by the States to fund integrated
Employment Service and Unemployment Insurance automation efforts,
notwithstanding cost allocation principles prescribed under Office of
Management and Budget Circular A-87.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, as amended, and
to the Black Lung Disability Trust Fund as authorized by section
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for
nonrepayable advances to the Unemployment Trust Fund as authorized by
section 8509 of title 5, United States Code, and to the ``Federal
unemployment benefits and allowances'' account, to remain available
until September 30, 2001, $356,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September 15,
2000, for costs incurred by the Black Lung Disability Trust Fund in the
current fiscal year, such sums as may be necessary.
program administration
For expenses of administering employment and training programs,
$100,944,000, including $6,431,000 to support up to 75 full-time
equivalent staff, the majority of which will be term Federal
appointments lasting no more than 1 year, to administer welfare-to-work
grants, together with not to exceed $45,056,000, which
[[Page 113 STAT. 1501A-220]]
may be expended from the Employment Security Administration account in
the Unemployment Trust Fund.
Pension and Welfare Benefits Administration
salaries and expenses
For necessary expenses for the Pension and Welfare Benefits
Administration, $99,000,000.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation is authorized to make such
expenditures, including financial assistance authorized by section 104
of Public Law 96-364, within limits of funds and borrowing authority
available to such Corporation, and in accord with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control Act, as
amended (31 U.S.C. 9104), as may be necessary in carrying out the
program through September 30, 2000, for such Corporation: Provided, That
not to exceed $11,155,000 shall be available for administrative expenses
of the Corporation: Provided further, That expenses of such Corporation
in connection with the termination of pension plans, for the
acquisition, protection or management, and investment of trust assets,
and for benefits administration services shall be considered as non-
administrative expenses for the purposes hereof, and excluded from the
above limitation.
Employment Standards Administration
salaries and expenses
For necessary expenses for the Employment Standards Administration,
including reimbursement to State, Federal, and local agencies and their
employees for inspection services rendered, $337,260,000, together with
$1,740,000 which may be expended from the Special Fund in accordance
with sections 39(c), 44(d) and 44( j) of the Longshore and Harbor
Workers' Compensation Act: Provided, That $2,000,000 shall be for the
development of an alternative system for the electronic submission of
reports as required to be filed under the Labor-Management Reporting and
Disclosure Act of 1959, as amended, and for a computer database of the
information for each submission by whatever means, that is indexed and
easily searchable by the public via the Internet: Provided further, That
the Secretary of Labor is authorized to accept, retain, and spend, until
expended, in the name of the Department of Labor, all sums of money
ordered to be paid to the Secretary of Labor, in accordance with the
terms of the Consent Judgment in Civil Action No. 91-0027 of the United
States District Court for the District of the Northern Mariana Islands
(May 21, 1992): Provided further, That the Secretary of Labor is
authorized to establish and, in accordance with 31 U.S.C. 3302, collect
and deposit in the Treasury fees for processing applications and issuing
certificates under sections 11(d) and 14 of the Fair Labor Standards Act
of 1938, as amended (29 U.S.C. 211(d) and 214) and for processing
applications and issuing registrations under title I of the
[[Page 113 STAT. 1501A-221]]
Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801
et seq.).
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior fiscal
year authorized by title 5, chapter 81 of the United States Code;
continuation of benefits as provided for under the heading ``Civilian
War Benefits'' in the Federal Security Agency Appropriation Act, 1947;
the Employees' Compensation Commission Appropriation Act, 1944; sections
4(c) and 5(f ) of the War Claims Act of 1948 (50 U.S.C. App. 2012); and
50 percent of the additional compensation and benefits required by
section 10(h) of the Longshore and Harbor Workers' Compensation Act, as
amended, $79,000,000 together with such amounts as may be necessary to
be charged to the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to August 15
of the current year: Provided, That amounts appropriated may be used
under section 8104 of title 5, United States Code, by the Secretary of
Labor to reimburse an employer, who is not the employer at the time of
injury, for portions of the salary of a reemployed, disabled
beneficiary: Provided further, That balances of reimbursements
unobligated on September 30, 1999, shall remain available until expended
for the payment of compensation, benefits, and expenses: Provided
further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other corporation or
instrumentality required under section 8147(c) of title 5, United States
Code, to pay an amount for its fair share of the cost of administration,
such sums as the Secretary determines to be the cost of administration
for employees of such fair share entities through September 30, 2000:
Provided further, That of those funds transferred to this account from
the fair share entities to pay the cost of administration, $21,849,000
shall be made available to the Secretary as follows: (1) for the
operation of and enhancement to the automated data processing systems,
including document imaging and medical bill review, in support of
Federal Employees' Compensation Act administration, $13,433,000; (2) for
program staff training to operate the new imaging system, $1,300,000;
(3) for the periodic roll review program, $7,116,000; and (4) the
remaining funds shall be paid into the Treasury as miscellaneous
receipts: Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits under chapter
81 of title 5, United States Code, or 33 U.S.C. 901 et seq., provide as
part of such notice and claim, such identifying information (including
Social Security account number) as such regulations may prescribe.
black lung disability trust fund
(including transfer of funds)
For payments from the Black Lung Disability Trust Fund,
$1,013,633,000, of which $963,506,000 shall be available until September
30, 2001, for payment of all benefits as authorized by section
9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of 1954, as
amended, and interest on advances as authorized by
[[Page 113 STAT. 1501A-222]]
section 9501(c)(2) of that Act, and of which $28,676,000 shall be
available for transfer to Employment Standards Administration, Salaries
and Expenses, $20,783,000 for transfer to Departmental Management,
Salaries and Expenses, $312,000 for transfer to Departmental Management,
Office of Inspector General, and $356,000 for payment into miscellaneous
receipts for the expenses of the Department of Treasury, for expenses of
operation and administration of the Black Lung Benefits program as
authorized by section 9501(d)(5) of that Act: Provided, That, in
addition, such amounts as may be necessary may be charged to the
subsequent year appropriation for the payment of compensation, interest,
or other benefits for any period subsequent to August 15 of the current
year.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $382,000,000, including not to exceed $82,000,000 which
shall be the maximum amount available for grants to States under section
23(g) of the Occupational Safety and Health Act, which grants shall be
no less than 50 percent of the costs of State occupational safety and
health programs required to be incurred under plans approved by the
Secretary under section 18 of the Occupational Safety and Health Act of
1970; and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational
Safety and Health Administration may retain up to $750,000 per fiscal
year of training institute course tuition fees, otherwise authorized by
law to be collected, and may utilize such sums for occupational safety
and health training and education grants: Provided, That,
notwithstanding 31 U.S.C. 3302, the Secretary of Labor is authorized,
during the fiscal year ending September 30, 2000, to collect and retain
fees for services provided to Nationally Recognized Testing
Laboratories, and may utilize such sums, in accordance with the
provisions of 29 U.S.C. 9a, to administer national and international
laboratory recognition programs that ensure the safety of equipment and
products used by workers in the workplace: Provided further, That none
of the funds appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any standard, rule,
regulation, or order under the Occupational Safety and Health Act of
1970 which is applicable to any person who is engaged in a farming
operation which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds appropriated under
this paragraph shall be obligated or expended to administer or enforce
any standard, rule, regulation, or order under the Occupational Safety
and Health Act of 1970 with respect to any employer of 10 or fewer
employees who is included within a category having an occupational
injury lost workday case rate, at the most precise Standard Industrial
Classification Code for which such data are published, less than the
national average rate as such rates are most recently published by the
Secretary, acting through the Bureau of Labor Statistics, in accordance
with section 24 of that Act (29 U.S.C. 673), except--
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
[[Page 113 STAT. 1501A-223]]
(2) to conduct an inspection or investigation in response to
an employee complaint, to issue a citation for violations found
during such inspection, and to assess a penalty for violations
which are not corrected within a reasonable abatement period and
for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one or
more employees or which results in hospitalization of two or
more employees, and to take any action pursuant to such
investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for exercising
rights under such Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $228,373,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles; including not to exceed
$750,000 may be collected by the National Mine Health and Safety Academy
for room, board, tuition, and the sale of training materials, otherwise
authorized by law to be collected, to be available for mine safety and
health education and training activities, notwithstanding 31 U.S.C.
3302; the Secretary is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, or private;
the Mine Safety and Health Administration is authorized to promote
health and safety education and training in the mining community through
cooperative programs with States, industry, and safety associations; and
any funds available to the department may be used, with the approval of
the Secretary, to provide for the costs of mine rescue and survival
operations in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics, including
advances or reimbursements to State, Federal, and local agencies and
their employees for services rendered, $357,781,000, of which $6,986,000
shall be for expenses of revising the Consumer Price Index and shall
remain available until September 30, 2001, together with not to exceed
$55,663,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund.
[[Page 113 STAT. 1501A-224]]
Departmental Management
salaries and expenses
For necessary expenses for Departmental Management, including the
hire of three sedans, and including up to $7,250,000 for the President's
Committee on Employment of People With Disabilities, and including the
management or operation of Departmental bilateral and multilateral
foreign technical assistance, $241,478,000; together with not to exceed
$310,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund: Provided, That no
funds made available by this Act may be used by the Solicitor of Labor
to participate in a review in any United States court of appeals of any
decision made by the Benefits Review Board under section 21 of the
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921) where
such participation is precluded by the decision of the United States
Supreme Court in Director, Office of Workers' Compensation Programs v.
Newport News Shipbuilding, 115 S. Ct. 1278 (1995), notwithstanding any
provisions to the contrary contained in Rule 15 of the Federal Rules of
Appellate Procedure: Provided further, That no funds made available by
this Act may be used by the Secretary of Labor to review a decision
under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901
et seq.) that has been appealed and that has been pending before the
Benefits Review Board for more than 12 months: Provided further, That
any such decision pending a review by the Benefits Review Board for more
than 1 year shall be considered affirmed by the Benefits Review Board on
the 1-year anniversary of the filing of the appeal, and shall be
considered the final order of the Board for purposes of obtaining a
review in the United States courts of appeals: Provided further, That
these provisions shall not be applicable to the review or appeal of any
decision issued under the Black Lung Benefits Act (30 U.S.C. 901 et
seq.).
assistant secretary for veterans employment and training
Not to exceed $184,341,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of 38 U.S.C. 4100-4110A, 4212, 4214, and 4321-4327,
and Public Law 103-353, and which shall be available for obligation by
the States through December 31, 2000.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $48,095,000, together with not to exceed $3,830,000, which may
be expended from the Employment Security Administration account in the
Unemployment Trust Fund.
GENERAL PROVISIONS
Sec. 101. None of the funds appropriated in this title for the Job
Corps shall be used to pay the compensation of an individual, either as
direct costs or any proration as an indirect cost, at a rate in excess
of Executive Level II.
[[Page 113 STAT. 1501A-225]]
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the current fiscal year for
the Department of Labor in this Act may be transferred between
appropriations, but no such appropriation shall be increased by more
than 3 percent by any such transfer: Provided, That the Appropriations
Committees of both Houses of Congress are notified at least 15 days in
advance of any transfer.
Sec. 103. The Secretary of Labor shall transfer, without charge or
consideration, to the City of Salinas in the State of California, all
right, title, and interest (including any equitable interest) the United
States holds in the real property located at 342 Front Street, Salinas,
California (Reference No. SSL-493), to the extent such right, such
title, or such interest was acquired as a result of any loan, grant,
guarantee, or other benefit provided by the Secretary to or for the
benefit of such city.
This title may be cited as the ``Department of Labor Appropriations
Act, 2000''.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
For carrying out titles II, III, VII, VIII, X, XII, XIX, and XXVI of
the Public Health Service Act, section 427(a) of the Federal Coal Mine
Health and Safety Act, title V and section 1820 of the Social Security
Act, the Health Care Quality Improvement Act of 1986, as amended, and
the Native Hawaiian Health Care Act of 1988, as amended, $4,584,721,000,
of which $150,000 shall remain available until expended for interest
subsidies on loan guarantees made prior to fiscal year 1981 under part B
of title VII of the Public Health Service Act, and of which $122,182,000
shall be available for the construction and renovation of health care
and other facilities, and of which $25,000,000 from general revenues,
notwithstanding section 1820( j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program under section 1820 of such Act: Provided, That the
Division of Federal Occupational Health may utilize personal services
contracting to employ professional management/administrative and
occupational health professionals: Provided further, That of the funds
made available under this heading, $250,000 shall be available until
expended for facilities renovations at the Gillis W. Long Hansen's
Disease Center: Provided further, That in addition to fees authorized by
section 427(b) of the Health Care Quality Improvement Act of 1986, fees
shall be collected for the full disclosure of information under the Act
sufficient to recover the full costs of operating the National
Practitioner Data Bank, and shall remain available until expended to
carry out that Act: Provided further, That no more than $5,000,000 is
available for carrying out the provisions of Public Law 104-73: Provided
further, That of the funds made available under this heading,
$238,932,000 shall be for the program under title X of the Public Health
Service Act to provide for voluntary family planning projects: Provided
[[Page 113 STAT. 1501A-226]]
further, That amounts provided to said projects under such title shall
not be expended for abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for any
activity (including the publication or distribution of literature) that
in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office: Provided further,
That $528,000,000 shall be for State AIDS Drug Assistance Programs
authorized by section 2616 of the Public Health Service Act: Provided
further, That, notwithstanding section 502(a)(1) of the Social Security
Act, not to exceed $109,307,000 is available for carrying out special
projects of regional and national significance pursuant to section
501(a)(2) of such Act: Provided further, That of the amount provided
under this heading, $40,000,000 shall be available for children's
hospitals graduate medical education payments, subject to authorization:
Provided further, That of the amount provided under this heading,
$900,000 shall be for the American Federation of Negro Affairs Education
and Research Fund.
medical facilities guarantee and loan fund
federal interest subsidies for medical facilities
For carrying out subsections (d) and (e) of section 1602 of the
Public Health Service Act, $1,000,000, together with any amounts
received by the Secretary in connection with loans and loan guarantees
under title VI of the Public Health Service Act, to be available without
fiscal year limitation for the payment of interest subsidies. During the
fiscal year, no commitments for direct loans or loan guarantees shall be
made.
health education assistance loans program
Such sums as may be necessary to carry out the purpose of the
program, as authorized by title VII of the Public Health Service Act, as
amended. For administrative expenses to carry out the guaranteed loan
program, including section 709 of the Public Health Service Act,
$3,688,000.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust
Fund, such sums as may be necessary for claims associated with vaccine-
related injury or death with respect to vaccines administered after
September 30, 1988, pursuant to subtitle 2 of title XXI of the Public
Health Service Act, to remain available until expended: Provided, That
for necessary administrative expenses, not to exceed $3,000,000 shall be
available from the Trust Fund to the Secretary of Health and Human
Services.
Centers for Disease Control and Prevention
disease control, research, and training
To carry out titles II, III, VII, XI, XV, XVII, XIX and XXVI of the
Public Health Service Act, sections 101, 102, 103, 201, 202, 203, 301,
and 501 of the Federal Mine Safety and Health Act of 1977, sections 20,
21, and 22 of the Occupational Safety and Health Act of 1970, title IV
of the Immigration and Nationality
[[Page 113 STAT. 1501A-227]]
Act and section 501 of the Refugee Education Assistance Act of 1980;
including insurance of official motor vehicles in foreign countries; and
hire, maintenance, and operation of aircraft, $2,910,761,000 of which
$60,000,000 shall remain available until expended for equipment and
construction and renovation of facilities, and in addition, such sums as
may be derived from authorized user fees, which shall be credited to
this account: Provided, That in addition to amounts provided herein, up
to $71,690,000 shall be available from amounts available under section
241 of the Public Health Service Act, to carry out the National Center
for Health Statistics surveys: Provided further, That none of the funds
made available for injury prevention and control at the Centers for
Disease Control and Prevention may be used to advocate or promote gun
control: Provided further, That the Director may redirect the total
amount made available under authority of Public Law 101-502, section 3,
dated November 3, 1990, to activities the Director may so designate:
Provided further, That the Congress is to be notified promptly of any
such transfer: Provided further, That notwithstanding any other
provision of law, a single contract or related contracts for the
development and construction of the infectious disease laboratory
through the General Services Administration may be employed which
collectively include the full scope of the project: Provided further,
That the solicitation and contract shall contain the clause
``availability of funds'' found at 48 CFR 52.232-18: Provided further,
That not to exceed $10,000,000 may be available for making grants under
section 1509 of the Public Health Service Act to not more than 10
States: Provided further, That of the amount provided under this
heading, $3,000,000 shall be for the Center for Environmental Medicine
and Toxicology at the University of Mississippi Medical Center at
Jackson; $2,000,000 shall be for the University of Mississippi
phytomedicine project; $500,000 shall be for the Alaska aviation safety
initiative; and $1,000,000 shall be for the University of South Alabama
birth defects monitoring and prevention activities.
In addition, $51,000,000, to be derived from the Violent Crime
Reduction Trust Fund, for carrying out sections 40151 and 40261 of
Public Law 103-322.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $3,332,317,000.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cardiovascular, lung, and blood diseases,
and blood and blood products, $2,040,291,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $270,253,000.
[[Page 113 STAT. 1501A-228]]
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney disease,
$1,147,588,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological disorders and stroke,
$1,034,886,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$1,803,063,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the Public Health
Service Act with respect to general medical sciences, $1,361,668,000.
national institute of child health and human development
For carrying out section 301 and title IV of the Public Health
Service Act with respect to child health and human development,
$862,884,000.
national eye institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to eye diseases and visual disorders,
$452,706,000.
national institute of environmental health sciences
For carrying out sections 301 and 311 and title IV of the Public
Health Service Act with respect to environmental health sciences,
$444,817,000.
national institute on aging
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $690,156,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the Public Health
Service Act with respect to arthritis and musculoskeletal and skin
diseases, $351,840,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the Public Health
Service Act with respect to deafness and other communication disorders,
$265,185,000.
[[Page 113 STAT. 1501A-229]]
national institute of nursing research
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $90,000,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the Public Health
Service Act with respect to alcohol abuse and alcoholism, $293,935,000.
national institute on drug abuse
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $689,448,000.
national institute of mental health
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $978,360,000.
national human genome research institute
For carrying out section 301 and title IV of the Public Health
Service Act with respect to human genome research, $337,322,000.
national center for research resources
For carrying out section 301 and title IV of the Public Health
Service Act with respect to research resources and general research
support grants, $680,176,000: Provided, That none of these funds shall
be used to pay recipients of the general research support grants program
any amount for indirect expenses in connection with such grants:
Provided further, That $75,000,000 shall be for extramural facilities
construction grants.
john e. fogarty international center
For carrying out the activities at the John E. Fogarty International
Center, $43,723,000.
national library of medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$215,214,000, of which $4,000,000 shall be available until expended for
improvement of information systems: Provided, That in fiscal year 2000,
the Library may enter into personal services contracts for the provision
of services in facilities owned, operated, or constructed under the
jurisdiction of the National Institutes of Health.
national center for complementary and alternative medicine
For carrying out section 301 and title IV of the Public Health
Service Act with respect to complementary and alternative medicine,
$68,753,000.
[[Page 113 STAT. 1501A-230]]
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the Director,
National Institutes of Health, $283,509,000, of which $44,953,000 shall
be for the Office of AIDS Research: Provided, That funding shall be
available for the purchase of not to exceed 29 passenger motor vehicles
for replacement only: Provided further, That the Director may direct up
to 1 percent of the total amount made available in this or any other Act
to all National Institutes of Health appropriations to activities the
Director may so designate: Provided further, That no such appropriation
shall be decreased by more than 1 percent by any such transfers and that
the Congress is promptly notified of the transfer: Provided further,
That the National Institutes of Health is authorized to collect third
party payments for the cost of clinical services that are incurred in
National Institutes of Health research facilities and that such payments
shall be credited to the National Institutes of Health Management Fund:
Provided further, That all funds credited to the National Institutes of
Health Management Fund shall remain available for one fiscal year after
the fiscal year in which they are deposited: Provided further, That up
to $500,000 shall be available to carry out section 499 of the Public
Health Service Act: Provided further, That, notwithstanding section
499(k)(10) of the Public Health Service Act, funds from the Foundation
for the National Institutes of Health may be transferred to the National
Institutes of Health.
buildings and facilities
For the study of, construction of, and acquisition of equipment for,
facilities of or used by the National Institutes of Health, including
the acquisition of real property, $135,376,000, to remain available
until expended.
Substance Abuse and Mental Health Services Administration
substance abuse and mental health services
For carrying out titles V and XIX of the Public Health Service Act
with respect to substance abuse and mental health services, the
Protection and Advocacy for Mentally Ill Individuals Act of 1986, and
section 301 of the Public Health Service Act with respect to program
management, $2,654,953,000.
Agency for Health Care Policy and Research
health care policy and research
For carrying out titles III and IX of the Public Health Service Act,
and part A of title XI of the Social Security Act, $111,424,000; in
addition, amounts received from Freedom of Information Act fees,
reimbursable and interagency agreements, and the sale of data tapes
shall be credited to this appropriation and shall remain available until
expended: Provided, That the amount made available pursuant to section
926(b) of the Public Health Service Act shall not exceed $88,576,000.
[[Page 113 STAT. 1501A-231]]
Health Care Financing Administration
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX of
the Social Security Act, $86,087,393,000, to remain available until
expended.
For making, after May 31, 2000, payments to States under title XIX
of the Social Security Act for the last quarter of fiscal year 2000 for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2001, $30,589,003,000, to remain available
until expended.
Payment under title XIX may be made for any quarter with respect to
a State plan or plan amendment in effect during such quarter, if
submitted in or prior to such quarter and approved in that or any
subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds, as provided under sections
217(g) and 1844 of the Social Security Act, sections 103(c) and 111(d)
of the Social Security Amendments of 1965, section 278(d) of Public Law
97-248, and for administrative expenses incurred pursuant to section
201(g) of the Social Security Act, $69,289,100,000.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
Public Health Service Act, and the Clinical Laboratory Improvement
Amendments of 1988, not to exceed $1,994,548,000, to be transferred from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance with
section 353 of the Public Health Service Act and such sums as may be
collected from authorized user fees and the sale of data, which shall
remain available until expended, and together with administrative fees
collected relative to Medicare overpayment recovery activities, which
shall remain available until expended: Provided, That all funds derived
in accordance with 31 U.S.C. 9701 from organizations established under
title XIII of the Public Health Service Act shall be credited to and
available for carrying out the purposes of this appropriation: Provided
further, That $18,000,000 appropriated under this heading for the
managed care system redesign shall remain available until expended:
Provided further, That $2,000,000 of the amount available for research,
demonstration, and evaluation activities shall be available to continue
carrying out demonstration projects on Medicaid coverage of community-
based attendant care services for people with disabilities which ensures
maximum control by the consumer to select and manage their attendant
care services: Provided further, That $3,000,000 of the amount available
for research, demonstration, and evaluation activities shall be awarded
to an
[[Page 113 STAT. 1501A-232]]
application from the University of Pennsylvania Medical Center, the
University of Louisville Sciences Center, and St. Vincent's Hospital in
Montana to conduct a demonstration to reduce hospitalizations among
high-risk patients with congestive heart failure: Provided further, That
$2,000,000 of the amount available for research, demonstration, and
evaluation activities shall be awarded to the AIDS Healthcare Foundation
in Los Angeles: Provided further, That $100,000 of the amount available
for research, demonstration, and evaluation activities shall be awarded
to Littleton Regional Hospital in New Hampshire, to assist in the
development of rural emergency medical services: Provided further, That
$250,000 of the amount available for research, demonstration, and
evaluation activities shall be awarded to the University of Missouri-
Kansas City to test behavorial interventions of nursing home residents
with moderate to severe dementia: Provided further, That $1,000,000 of
the amount available for research, demonstration, and evaluation
activities shall be awarded for a children's hospice care demonstration
program in Virginia, Florida, Kentucky, New York, and Utah: Provided
further, That $150,000 of the amount available for research,
demonstration, and evaluation activities shall be awarded to L.A. Care
Health Plan in Los Angeles, California for a Medicaid outreach
demonstration project to provide access to medical care for uninsured
workers: Provided further, That $500,000 of the amount available for
research, demonstration, and evaluation activities shall be awarded to
the Baystate Medical Center in Springfield, Massachusetts for the
Partners for a Healthier Community childhood immunization demonstration
project: Provided further, That $250,000 shall be awarded to the Shelby
County Regional Medical Center to establish a Master Patient Index to
determine patient Medicaid/TennCare eligibility: Provided further, That
the Secretary of Health and Human Services is directed to collect, in
aggregate, $95,000,000 in fees in fiscal year 2000 from Medicare+Choice
organizations pursuant to section 1857(e)(2) of the Social Security Act
and from eligible organizations with risk-sharing contracts under
section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act.
health maintenance organization loan and loan guarantee fund
For carrying out subsections (d) and (e) of section 1308 of the
Public Health Service Act, any amounts received by the Secretary in
connection with loans and loan guarantees under title XIII of the Public
Health Service Act, to be available without fiscal year limitation for
the payment of outstanding obligations. During fiscal year 2000, no
commitments for direct loans or loan guarantees shall be made.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For making payments to States or other non-Federal entities under
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960 (24 U.S.C. ch. 9), for the first quarter of fiscal
year 2001, $650,000,000.
[[Page 113 STAT. 1501A-233]]
For making payments to each State for carrying out the program of
Aid to Families with Dependent Children under title IV-A of the Social
Security Act before the effective date of the program of Temporary
Assistance to Needy Families (TANF) with respect to such State, such
sums as may be necessary: Provided, That the sum of the amounts
available to a State with respect to expenditures under such title IV-A
in fiscal year 1997 under this appropriation and under such title IV-A
as amended by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not exceed the limitations under
section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act and the Act of July 5, 1960 (24
U.S.C. ch. 9), for the last 3 months of the current year for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
low income home energy assistance
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,100,000,000, to be available for
obligation in the period October 1, 2000 through September 30, 2001.
For making payments under title XXVI of such Act, $300,000,000:
Provided, That these funds are hereby designated by Congress to be
emergency requirements pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided further, That
these funds shall be made available only after submission to Congress of
a formal budget request by the President that includes designation of
the entire amount of the request as an emergency requirement as defined
in the Balanced Budget and Emergency Deficit Control Act of 1985.
The $1,100,000,000 provided in the first paragraph under this
heading in the Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 1999 (as contained
in section 101(f ) of division A of Public Law 105-277) is hereby
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided, That such funds shall be available only
if the President submits to the Congress one official budget request for
$1,100,000,000 that includes designation of the entire amount as an
emergency requirement pursuant to such section: Provided further, That
such funds shall be distributed in accordance with section 2604 of the
Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 8623), other than
subsection (e) of such section.
refugee and entrant assistance
For making payments for refugee and entrant assistance activities
authorized by title IV of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980 (Public Law
96-422), $419,005,000: Provided, That funds appropriated pursuant to
section 414(a) of the Immigration and Nationality Act under Public Law
105-78 for fiscal year 1998 and under Public Law 105-277 for fiscal year
1999 shall be available for the costs of assistance provided and other
activities through September 30, 2001.
[[Page 113 STAT. 1501A-234]]
For carrying out section 5 of the Torture Victims Relief Act of 1998
(Public Law 105-320), $7,500,000.
The $426,505,000 provided under this heading is hereby designated by
the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985: Provided, That such funds shall be available only if the President
submits to the Congress one official budget request for $426,505,000
that includes designation of the entire amount as an emergency
requirement pursuant to such section.
payments to states for the child care and development block grant
For carrying out sections 658A through 658R of the Omnibus Budget
Reconciliation Act of 1981 (The Child Care and Development Block Grant
Act of 1990), to become available on October 1, 2000 and remain
available through September 30, 2001, $1,182,672,000: Provided, That
$19,120,000 shall be available for child care resource and referral and
school-aged child care activities: Provided further, That of the funds
provided for fiscal year 2001, $172,672,000 shall be reserved by the
States for activities authorized under section 658G of the Omnibus
Budget Reconciliation Act of 1981 (The Child Care and Development Block
Grant Act of 1990), such funds to be in addition to the amounts required
to be reserved by the States under section 658G: Provided further, That
of the funds provided for fiscal year 2000 under Public Law 105-277,
$500,000 shall be for a toll-free child care services program hotline to
be operated by Child Care Aware.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,775,000,000: Provided, That notwithstanding section
2003(c) of such Act, as amended, the amount specified for allocation
under such section for fiscal year 2000 shall be $1,775,000,000.
children and families services programs
(including rescissions)
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Developmental Disabilities Assistance and Bill
of Rights Act, the Head Start Act, the Child Abuse Prevention and
Treatment Act, the Native American Programs Act of 1974, title II of
Public Law 95-266 (adoption opportunities), the Adoption and Safe
Families Act of 1997 (Public Law 105-89), the Abandoned Infants
Assistance Act of 1988, part B(1) of title IV and sections 413, 429A,
1110, and 1115 of the Social Security Act; for making payments under the
Community Services Block Grant Act, section 473A of the Social Security
Act, and title IV of Public Law 105-285; and for necessary
administrative expenses to carry out said Acts and titles I, IV, X, XI,
XIV, XVI, and XX of the Social Security Act, the Act of July 5, 1960 (24
U.S.C. ch. 9), the Omnibus Budget Reconciliation Act of 1981, title IV
of the Immigration and Nationality Act, section 501 of the Refugee
Education Assistance Act of 1980, section 5 of the Torture Victims
Relief Act of 1998 (Public Law 105-320), sections 40155, 40211, and
40241 of Public Law 103-322 and section 126 and titles IV
[[Page 113 STAT. 1501A-235]]
and V of Public Law 100-485, $6,734,133,000, of which $43,000,000, to
remain available until September 30, 2001, shall be for grants to States
for adoption incentive payments, as authorized by section 473A of title
IV of the Social Security Act (42 U.S.C. 670-679); of which $587,065,000
shall be for making payments under the Community Services Block Grant
Act; and of which $5,267,000,000 shall be for making payments under the
Head Start Act, of which $1,400,000,000 shall become available October
1, 2000 and remain available through September 30, 2001: Provided, That
to the extent Community Services Block Grant funds are distributed as
grant funds by a State to an eligible entity as provided under the Act,
and have not been expended by such entity, they shall remain with such
entity for carryover into the next fiscal year for expenditure by such
entity consistent with program purposes: Provided further, That the
Secretary shall establish procedures regarding the disposition of
intangible property which permits grant funds, or intangible assets
acquired with funds authorized under section 680 of the Community
Services Block Grant Act, as amended, to become the sole property of
such grantees after a period of not more than 12 years after the end of
the grant for purposes and uses consistent with the original grant:
Provided further, That $1,700,000,000 of the amount provided for making
payments under the Head Start Act is hereby designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985: Provided further, That
such funds shall be available only if the President submits to the
Congress one official budget request for $1,700,000,000 that includes
designation of the entire amount as an emergency requirement pursuant to
such section.
In addition, $101,000,000, to be derived from the Violent Crime
Reduction Trust Fund for carrying out sections 40155, 40211, and 40241
of Public Law 103-322.
Funds appropriated for fiscal year 2000 under section 429A(e), part
B of title IV of the Social Security Act shall be reduced by $6,000,000.
Funds appropriated for fiscal year 2000 under section 413(h)(1) of
the Social Security Act shall be reduced by $15,000,000.
promoting safe and stable families
For carrying out section 430 of the Social Security Act,
$295,000,000.
payments to states for foster care and adoption assistance
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, $4,307,300,000 of which
$105,000,000 shall be for making payments under sections 470 and 477 of
title IV-E of the Social Security Act;
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, for the first quarter of fiscal
year 2001, $1,538,000,000.
[[Page 113 STAT. 1501A-236]]
Administration on Aging
aging services programs
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965, as amended, and section 398 of the Public Health
Service Act, $934,285,000: Provided, That notwithstanding section
308(b)(1) of the Older Americans Act of 1965, as amended, the amounts
available to each State for administration of the State plan under title
III of such Act shall be reduced not more than 5 percent below the
amount that was available to such State for such purpose for fiscal year
1995: Provided further, That in considering grant applications for
nutrition services for elder Indian recipients, the Assistant Secretary
shall provide maximum flexibility to applicants who seek to take into
account subsistence, local customs, and other characteristics that are
appropriate to the unique cultural, regional, and geographic needs of
the American Indian, Alaska and Hawaiian Native communities to be
served.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six sedans, and for carrying
out titles III, XVII, and XX of the Public Health Service Act, and the
United States-Mexico Border Health Commission Act, $227,051,000, of
which $20,000,000 shall become available on October 1, 2000, and shall
remain available until September 30, 2001, together with $5,851,000, to
be transferred and expended as authorized by section 201(g)(1) of the
Social Security Act from the Hospital Insurance Trust Fund and the
Supplemental Medical Insurance Trust Fund: Provided, That $450,000 shall
be for a contract with the National Academy of Sciences to conduct a
study of the proposed tuberculosis standard promulgated by the
Occupational Safety and Health Administration: Provided further, That
said contract shall be awarded not later than 60 days after the
enactment of this Act: Provided further, That said study shall be
submitted to the Congress not later than 12 months after award of the
contract: Provided further, That of the funds made available under this
heading for carrying out title XX of the Public Health Service Act,
$10,569,000 shall be for activities specified under section 2003(b)(2),
of which $9,131,000 shall be for prevention service demonstration grants
under section 510(b)(2) of title V of the Social Security Act, as
amended, without application of the limitation of section 2010(c) of
said title XX: Provided further, That $500,000 shall be available to the
Office of the Surgeon General, within the Office of Public Health and
Science, to prepare and disseminate the findings of the Surgeon
General's report on youth violence, and to coordinate activities across
the Department of Health and Human Services: Provided further, That the
Secretary may transfer a portion of such funds to other Federal entities
for youth violence prevention coordination activities: Provided further,
That $2,000,000 shall be available to the Lawton Chiles Foundation.
[[Page 113 STAT. 1501A-237]]
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $31,500,000.
office for civil rights
For expenses necessary for the Office for Civil Rights, $18,838,000,
together with not to exceed $3,314,000, to be transferred and expended
as authorized by section 201(g)(1) of the Social Security Act from the
Hospital Insurance Trust Fund and the Supplemental Medical Insurance
Trust Fund.
policy research
For carrying out, to the extent not otherwise provided, research
studies under section 1110 of the Social Security Act, $17,000,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
for medical care of dependents and retired personnel under the
Dependents' Medical Care Act (10 U.S.C. ch. 55), and for payments
pursuant to section 229(b) of the Social Security Act (42 U.S.C.
429(b)), such amounts as may be required during the current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, disease and chemical threats to civilian
populations, $214,600,000: Provided, That this amount is distributed as
follows: Centers for Disease Control and Prevention, $155,000,000, of
which $30,000,000 shall be for the Health Alert Network, $1,000,000
shall be for the Carnegie Mellon Research Institute, $1,000,000 shall be
for the St. Louis University School of Public Health, $1,000,000 shall
be for the University of Texas Medical Branch at Galveston, $1,000,000
shall be for the Noble Army Hospital of Alabama bioterrorism program and
$1,000,000 shall be for the Johns Hopkins University Center for Civilian
Biodefense; Office of the Secretary, $30,000,000, Agency for Health Care
Policy and Research, $5,000,000, and Office of Emergency Preparedness,
$24,600,000. In addition, for expenses necessary for the portion of the
Global Health Initiative conducted by the Centers for Disease Control
and Prevention, $69,000,000: Provided further, That this amount is
distributed as follows: $35,000,000 shall be for international HIV/AIDS
programs, $9,000,000 shall be for malaria programs, $5,000,000 shall be
for global micronutrient malnutrition programs and $20,000,000 shall be
for carrying out polio eradication activities. In addition, $150,000,000
for carrying out the Department's Year 2000 computer conversion
activities, $5,000,000 for the environmental health laboratory at the
Centers for Disease Control and Prevention, $50,000,000 for minority
AIDS prevention and treatment activities, $20,000,000 for the National
Institutes of Health challenge grant program, and $75,000,000 to
[[Page 113 STAT. 1501A-238]]
support the Ricky Ray Hemophilia Relief Fund Act of 1998: Provided
further, That notwithstanding any other provision of law, up to
$10,000,000 of the amount provided for the Ricky Ray Hemophilia Relief
Fund Act may be available for administrative expenses: Provided further,
That the entire amount under this heading is hereby designated by the
Congress to be emergency requirements pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That the entire amount under this heading
shall be made available only after submission to the Congress of a
formal budget request by the President that includes designation of the
entire amount of the request as an emergency requirement as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That no funds shall be obligated until the
Department of Health and Human Services submits an operating plan to the
House and Senate Committees on Appropriations.
GENERAL PROVISIONS
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $37,000 for official reception and representation expenses
when specifically approved by the Secretary.
Sec. 202. The Secretary shall make available through assignment not
more than 60 employees of the Public Health Service to assist in child
survival activities and to work in AIDS programs through and with funds
provided by the Agency for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated under this Act may be used
to implement section 399L(b) of the Public Health Service Act or section
1503 of the National Institutes of Health Revitalization Act of 1993,
Public Law 103-43.
Sec. 204. None of the funds appropriated in this Act for the
National Institutes of Health and the Substance Abuse and Mental Health
Services Administration shall be used to pay the salary of an
individual, through a grant or other extramural mechanism, at a rate in
excess of Executive Level II.
Sec. 205. None of the funds appropriated in this Act may be expended
pursuant to section 241 of the Public Health Service Act, except for
funds specifically provided for in this Act, or for other taps and
assessments made by any office located in the Department of Health and
Human Services, prior to the Secretary's preparation and submission of a
report to the Committee on Appropriations of the Senate and of the House
detailing the planned uses of such funds.
(transfer of funds)
Sec. 206. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the current fiscal year for
the Department of Health and Human Services in this Act may be
transferred between appropriations, but no such appropriation shall be
increased by more than 3 percent by any such transfer: Provided, That
the Appropriations Committees of both Houses of Congress are notified at
least 15 days in advance of any transfer.
[[Page 113 STAT. 1501A-239]]
Sec. 207. The Director of the National Institutes of Health, jointly
with the Director of the Office of AIDS Research, may transfer up to 3
percent among institutes, centers, and divisions from the total amounts
identified by these two Directors as funding for research pertaining to
the human immunodeficiency virus: Provided, That the Congress is
promptly notified of the transfer.
Sec. 208. Of the amounts made available in this Act for the National
Institutes of Health, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director of the
National Institutes of Health and the Director of the Office of AIDS
Research, shall be made available to the ``Office of AIDS Research''
account. The Director of the Office of AIDS Research shall transfer from
such account amounts necessary to carry out section 2353(d)(3) of the
Public Health Service Act.
Sec. 209. None of the funds appropriated in this Act may be made
available to any entity under title X of the Public Health Service Act
unless the applicant for the award certifies to the Secretary that it
encourages family participation in the decision of minors to seek family
planning services and that it provides counseling to minors on how to
resist attempts to coerce minors into engaging in sexual activities.
Sec. 210. The final rule entitled ``Organ Procurement and
Transplantation Network'', promulgated by the Secretary of Health and
Human Services on April 2, 1998 (63 Fed. Reg. 16295 et seq.) (relating
to part 121 of title 42, Code of Federal Regulations), together with the
amendments to such rules promulgated on October 20, 1999 (64 Fed. Reg.
56649 et seq.) shall not become effective before the expiration of the
42 day period beginning on the date of the enactment of this Act.
Sec. 211. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out the
Medicare+Choice program if the Secretary denies participation in such
program to an otherwise eligible entity (including a Provider Sponsored
Organization) because the entity informs the Secretary that it will not
provide, pay for, provide coverage of, or provide referrals for
abortions: Provided, That the Secretary shall make appropriate
prospective adjustments to the capitation payment to such an entity
(based on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided further,
That nothing in this section shall be construed to change the Medicare
program's coverage for such services and a Medicare+Choice organization
described in this section shall be responsible for informing enrollees
where to obtain information about all Medicare covered services.
Sec. 212. (a) Mental Health.--Section 1918(b) of the Public Health
Service Act (42 U.S.C. 300x-7(b)) is amended to read as follows:
``(b) Minimum Allotments for States.--With respect to fiscal year
2000, the amount of the allotment of a State under section 1911 shall
not be less than the amount the State received under section 1911 for
fiscal year 1998.''.
(b) Substance Abuse.--Section 1933(b) of the Public Health Service
Act (42 U.S.C. 300x-33(b)) is amended to read as follows:
``(b) Minimum Allotments for States.--Each State's allotment for
fiscal year 2000 for programs under this subpart shall be equal to such
State's allotment for such programs for fiscal year 1999, except that,
if the amount appropriated in fiscal year
[[Page 113 STAT. 1501A-240]]
2000 is less than the amount appropriated in fiscal year 1999, then the
amount of a State's allotment under section 1921 shall be equal to the
amount that the State received under section 1921 in fiscal year 1999
decreased by the percentage by which the amount appropriated for fiscal
year 2000 is less than the amount appropriated for such section for
fiscal year 1999.''.
Sec. 213. Notwithstanding any other provision of law, no provider of
services under title X of the Public Health Service Act shall be exempt
from any State law requiring notification or the reporting of child
abuse, child molestation, sexual abuse, rape, or incest.
Sec. 214. Extension of Certain Adjudication Provisions.--The Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1990 (Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``1997, 1998,
and 1999'' and inserting ``1997, 1998, 1999, and 2000'';
and
(B) in subsection (e), by striking ``October 1,
1999'' each place it appears and inserting ``October 1,
2000''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``September 30, 1999'' and inserting
``September 30, 2000''.
Sec. 215. None of the funds provided in this Act or in any other Act
making appropriations for fiscal year 2000 may be used to administer or
implement in Arizona or in the Kansas City, Missouri or in the Kansas
City, Kansas area the Medicare Competitive Pricing Demonstration Project
(operated by the Secretary of Health and Human Services under authority
granted in section 4011 of the Balanced Budget Act of 1997 (Public Law
105-33)).
Sec. 216. Of the funds appropriated for the National Institutes of
Health for fiscal year 2000, $3,000,000,000 shall not be available for
obligation until September 29, 2000. Of the funds appropriated for the
Health Resources and Services Administration for fiscal year 2000,
$450,000,000 shall not be available for obligation until September 29,
2000. Of the funds appropriated for the Centers for Disease Control and
Prevention for fiscal year 2000, $500,000,000 shall not be available for
obligation until September 29, 2000. Of the funds appropriated for the
Children and Families Services Programs for fiscal year 2000,
$400,000,000 shall not be available for obligation until September 29,
2000. Of the funds appropriated for the Social Services Block Grant for
fiscal year 2000, $425,000,000 shall not be available for obligation
until September 29, 2000. Of the funds appropriated for the Substance
Abuse and Mental Health Services Administration for fiscal year 2000,
$200,000,000 shall not be available for obligation until September 29,
2000. Such funds delayed by this section shall be available for
obligation until October 15, 2000.
Sec. 217. Study and Report on the Geographic Adjustment Factors
Under the Medicare Program. (a) Study.--The Secretary of Health and
Human Services shall conduct a study on--
(1) the reasons why, and the appropriateness of the fact
that, the geographic adjustment factor (determined under
paragraph (2) of section 1848(e) (42 U.S.C. 1395w-4(e)) used in
determining the amount of payment for physicians' services under
the Medicare program is less for physicians' services
[[Page 113 STAT. 1501A-241]]
provided in New Mexico than for physicians' services provided in
Arizona, Colorado, and Texas; and
(2) the effect that the level of the geographic cost-of-
practice adjustment factor (determined under paragraph (3) of
such section) has on the recruitment and retention of physicians
in small rural States, including New Mexico, Iowa, Louisiana,
and Arkansas.
(b) Report.--Not later than 3 months after the date of the enactment
of this Act, the Secretary of Health and Human Services shall submit a
report to Congress on the study conducted under subsection (a), together
with any recommendations for legislation that the Secretary determines
to be appropriate as a result of such study.
Sec. 218. Withholding of Substance Abuse Funds. (a) In General.--
None of the funds appropriated by this Act may be used to withhold
substance abuse funding from a State pursuant to section 1926 of the
Public Health Service Act (42 U.S.C. 300x-26) if such State certifies to
the Secretary of Health and Human Services that the State will commit
additional State funds, in accordance with subsection (b), to ensure
compliance with State laws prohibiting the sale of tobacco products to
individuals under 18 years of age.
(b) Amount of State Funds.--The amount of funds to be committed by a
State under subsection (a) shall be equal to 1 percent of such State's
substance abuse block grant allocation for each percentage point by
which the State misses the retailer compliance rate goal established by
the Secretary of Health and Human Services under section 1926 of such
Act, except that the Secretary may agree to a smaller commitment of
additional funds by the State.
(c) Supplement not Supplant.--Amounts expended by a State pursuant
to a certification under subsection (a) shall be used to supplement and
not supplant State funds used for tobacco prevention programs and for
compliance activities described in such subsection in the fiscal year
preceding the fiscal year to which this section applies.
(d) Enforcement of State Expenditure.--The Secretary shall exercise
discretion in enforcing the timing of the State expenditure required by
the certification described in subsection (a) as late as July 31, 2000.
Sec. 219. None of the funds made available under this title may be
used to carry out the transmittal of August 13, 1997 (relating to self-
administered drugs) of the Deputy Director of the Division of Acute Care
of the Health Care Financing Administration to regional offices of such
Administration or to promulgate any regulation or other transmittal or
policy directive that has the effect of imposing (or clarifying the
imposition of ) a restriction on the coverage of injectable drugs under
section 1861(s)(2) of the Social Security Act beyond the restrictions
applied before the date of such transmittal.
Sec. 220. In accordance with section 1557 of title 31, United States
Code, funds obligated and awarded in fiscal years 1994 and 1995 under
the heading ``National Cancer Institute'' for the Cancer Therapy and
Research Center in San Antonio, Texas, grant numbers 1 C06 CA58690-01
and 3 C06 CA58690-01S1, shall be exempt from subchapter IV of chapter 15
of such title and the obligated unexpended dollars shall remain
available to the grantee
[[Page 113 STAT. 1501A-242]]
for expenditure without fiscal year limitation to fulfill the purpose of
the award.
Sec. 221. Not later than January 15, 2000, the Secretary of Health
and Human Services shall transfer $20,000,000 from the appropriation in
this Act for ``National Institutes of Health--National Institute of
Allergy and Infectious Diseases'' to the appropriation in this Act for
``Centers for Disease Control and Prevention--Disease Control, Research,
and Training''.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2000''.
TITLE III--DEPARTMENT OF EDUCATION
education reform
For carrying out activities authorized by titles III and IV of the
Goals 2000: Educate America Act, the School-to-Work Opportunities Act,
and sections 3122, 3132, 3136, and 3141, parts B, C, and D of title III,
and part I of title X of the Elementary and Secondary Education Act of
1965, $1,768,370,000, of which $456,500,000 for the Goals 2000: Educate
America Act and $55,000,000 for the School-to-Work Opportunities Act
shall become available on July 1, 2000 and remain available through
September 30, 2001, and of which $109,500,000 shall be for section 3122:
Provided, That none of the funds appropriated under this heading shall
be obligated or expended to carry out section 304(a)(2)(A) of the Goals
2000: Educate America Act, except that no more than $1,500,000 may be
used to carry out activities under section 314(a)(2) of that Act:
Provided further, That section 315(a)(2) of the Goals 2000: Educate
America Act shall not apply: Provided further, That up to one-half of 1
percent of the amount available under section 3132 shall be set aside
for the outlying areas, to be distributed on the basis of their relative
need as determined by the Secretary in accordance with the purposes of
the program: Provided further, That if any State educational agency does
not apply for a grant under section 3132, that State's allotment under
section 3131 shall be reserved by the Secretary for grants to local
educational agencies in that State that apply directly to the Secretary
according to the terms and conditions published by the Secretary in the
Federal Register: Provided further, That of the funds made available to
carry out section 3136 and notwithstanding any other provision of law,
$500,000 shall be awarded to the Houston Independent School District for
technology infrastructure, $8,000,000 shall be awarded to the I CAN
LEARN program, $3,000,000 shall be awarded to the Linking Education
Technology and Educational Reform (LINKS) project for educational
technology, $1,000,000 shall be awarded to the Center for Advanced
Research and Technology (CART) for comprehensive secondary education
reform, $250,000 shall be awarded to the Vaughn Reno Starks Community
Center in Elizabethtown, Kentucky for a technology program, $125,000
shall be awarded to the Wyandanch Compel Youth Academy Educational
Assistance Program in New York, $3,000,000 shall be awarded to Hi-
Technology High School in San Bernardino County, California for
technology enhancement, $300,000 shall be awarded to the Long Island
21st Century Technology and E-Commerce Alliance, $800,000 shall be
awarded to Montana State University-Billings for a distance learning
initiative, $2,000,000 for the Tupelo School District in Tupelo,
Mississippi
[[Page 113 STAT. 1501A-243]]
for technology innovation in education, $900,000 for the University of
Alaska at Anchorage for distance learning education, $1,000,000 shall be
awarded to the Seton Hill College in Greensburg, Pennsylvania for a
model education technology training program, $500,000 shall be awarded
to the University of Alaska-Fairbanks, in Fairbanks, Alaska for a
teacher technology training program, $200,000 shall be awarded to the
Alaska Department of Education for the Alaska State Distance Education
Technology Consortium, $1,000,000 shall be awarded to the North East
Vocational Area Cooperative in Washington State for a multi-district
technology education center, $400,000 shall be awarded to the University
of Vermont for the Vermont Learning Gateway Program, $2,500,000 shall be
awarded to the State University of New Jersey for the RUNet 2000 project
at Rutgers for an integrated voice-video-data network to link students,
faculty and administration via a high-speed, broad band fiber optic
network, $500,000 shall be awarded to the Iowa Area Education Agency 13
for a public/private partnership to demonstrate the effective use of
technology in grades 1-3, $235,000 shall be for the Louisville Deaf Oral
School for technology enhancements: Provided further, That in the State
of Alabama $50,000 shall be awarded to the Bibb County Board of
Education for technology enhancements, $50,000 shall be awarded to the
Calhoun County Board of Education for technology enhancements, $50,000
shall be awarded to the Chambers County Board of Education for
technology enhancements, $50,000 shall be awarded to the Chilton County
Board of Education for technology enhancements, $50,000 shall be awarded
to the Clay County Board of Education for technology enhancements,
$50,000 shall be awarded to the Cleburne County Board of Education for
technology enhancements, $50,000 shall be awarded to the Coosa County
Board of Education for technology enhancements, $50,000 shall be awarded
to the Lee County Board of Education for technology enhancements,
$50,000 shall be awarded to the Macon County Board of Education for
technology enhancements, $50,000 shall be awarded to the St. Clair
County Board of Education for technology enhancements, $50,000 shall be
awarded to the Talladega County Board of Education for technology
enhancements, $50,000 shall be awarded to the Tallapoosa County Board of
Education for technology enhancements, $50,000 shall be awarded to the
Randolph County Board of Education for technology enhancements, $50,000
shall be awarded to the Russell County Board of Education for technology
enhancements, $50,000 shall be awarded to the Alexander City Board of
Education for technology enhancements, $50,000 shall be awarded to the
Anniston City Board of Education for technology enhancements, $50,000
shall be awarded to the Lanett City Board of Education for technology
enhancements, $50,000 shall be awarded to the Pell City Board of
Education for technology enhancements, $50,000 shall be awarded to the
Roanoke City Board of Education for technology enhancements, $50,000
shall be awarded to the Talledega City Board of Education for technology
enhancements, $500,000 shall be to continue a state-of-the-art
information technology system at Mansfield University, Mansfield,
Pennsylvania, $250,000 shall be awarded to the Chicago Public School
Science and Technology Academy to establish a curriculum of math,
science, and technology, $500,000 shall be awarded to Prairie Hills,
Illinois Elementary School District 144 for a public/private teacher
technology training program, $1,000,000 shall be
[[Page 113 STAT. 1501A-244]]
awarded to Adelphi University in New York for the Information Commons
project, $250,000 shall be awarded to the Oakland School District in
California to support a distance education initiative, $800,000 shall be
awarded to the Kennedy Krieger Career and Technology Center in Maryland
for a distance learning project, $1,000,000 shall be awarded to Augsburg
College and Twin Cities Public Television to demonstrate interactive
technology to assist teachers and parents in effectively using emerging
innovations in education, $100,000 shall be awarded to the Santa Barbara
Industry Education Council in California to provide technology education
to area students and teachers, $200,000 shall be awarded to the Nebraska
Community College for technology training, and $250,000 shall be awarded
to the Providence Public School System, in partnership with the
Metropolitan Regional Career and Technical Center, for Project Family
Net to provide computer technology training to children and their
parents: Provided further, That of the funds made available to carry out
title III, part B of the Elementary and Secondary Education Act of 1965
and notwithstanding any other provision of law, $750,000 shall be
awarded to the Technology Literacy Center at the Museum of Science and
Industry, Chicago, $1,000,000 shall be awarded to an on-line math and
science training program at Oklahoma State University, $4,000,000 shall
be awarded to continue and expand the Iowa Communications Network State-
wide fiber optic demonstration project, and $250,000 shall be awarded to
the WinstonNet distance learning project in Winston Salem, North
Carolina: Provided further, That of the funds made available for title
X, part I of the Elementary and Secondary Education Act of 1965 and
notwithstanding any other provision of law, $6,000 shall be awarded to
the Study Partners Program, Inc., in Louisville, Kentucky, $12,000 shall
be awarded to the Shawnee Gardens Tenants Association Inc., in
Louisville, Kentucky for a tutorial program, $12,000 shall be awarded to
the 100 Black Men of Louisville, Kentucky for a mentoring and leadership
training program, $500,000 shall be awarded to the Omaha, Nebraska
Public Schools for the OPS 21st Century Learning Grant, $25,000 shall be
for the Plymouth Renewal Center in Kentucky for a tutoring program,
$25,000 shall be for the Canaan Community Development Corporation's
Village Learning Center Program, $25,000 shall be for the St. Stephen
Life Center After School Program, $25,000 shall be for the Louisville
Central Community Centers Youth Education Program, $15,000 shall be for
the Trinity Family Life Center tutoring program, $15,000 shall be for
the New Zion Community Development Foundation, Inc., after school
mentoring program, $20,000 shall be for the St. Joseph Catholic Orphan
Society program for abused and neglected children, $25,000 shall be for
the Portland Neighborhood House after school program, $25,000 shall be
for the St. Anthony Community Outreach Center, Inc., for the Education
PAYs program, $250,000 shall be awarded to the Harvey Public School
District 152 in Chicago, Illinois for the ``Project CAFE'' after-school
program, $200,000 shall be awarded to the St. Clair County, Michigan
Intermediate School District for after-school programs, $400,000 shall
be awarded to the Macomb County, Michigan Intermediate School District
for after-school programs, $200,000 shall be awarded to the Danbury
Public School System in Connecticut for an ESCAPE Arts after-school
program, $50,000 shall be awarded to the Tuckahoe School District for an
after-school program in Eastchester,
[[Page 113 STAT. 1501A-245]]
New York, $100,000 shall be awarded to Innovative Directions, an
Educational Alliance (IDEA), based at the City Island School (P.S. 175)
in the Bronx, New York City, New York, $250,000 shall be awarded to the
New York Hall of Science in Queens, New York for after-school education
programs, $60,000 shall be awarded to the Mamaroneck School District in
Mamaroneck, New York for expansion of an after-school program, $250,000
shall be awarded to the White Plains School District for an after-school
program in White Plains, New York, $200,000 shall be awarded to the New
Rochelle School District for an after-school program in New Rochelle,
New York, $250,000 shall be awarded to the Community School District 30
in Queens, New York for the expansion of after-school activities,
$500,000 shall be awarded to the Jefferson Elementary School for a joint
after-school program with the Madison Elementary School in Stevens
Point, Wisconsin, $400,000 shall be awarded to the School District of
Superior in Wisconsin for an after-school center, $100,000 shall be
awarded to the Independence School District in Kansas City, Missouri for
an after-school program, and $500,000 shall be awarded to the Clark
County School District in Nevada for an after-school program.
education for the disadvantaged
For carrying out title I of the Elementary and Secondary Education
Act of 1965, and section 418A of the Higher Education Act of 1965,
$8,700,986,000, of which $2,461,823,000 shall become available on July
1, 2000, and shall remain available through September 30, 2001, and of
which $6,204,763,000 shall become available on October 1, 2000 and shall
remain available through September 30, 2001, for academic year 2000-
2001: Provided, That $6,783,000,000 shall be available for basic grants
under section 1124: Provided further, That $134,000,000 shall be
allocated among the States in the same proportion as funds are allocated
among the States under section 1122, to carry out section 1116(c):
Provided further, That 100 percent of these funds shall be allocated to
local educational agencies for the purposes of carrying out section
1116(c) and that local educational agencies shall provide all students
enrolled in a school identified under section 1116(c) with the option to
transfer to another public school within the local educational agency,
including a public charter school, that has not been identified for
school improvement under section 1116(c): Provided further, That if the
local educational agency demonstrates to the satisfaction of the State
educational agency that the local educational agency lacks the capacity
to provide all students with the option to transfer to another public
school, and after giving notice to the parents of children affected that
it is not possible, consistent with State and local law, to accommodate
the transfer request of every student, the local educational agency
shall permit as many students as possible (who shall be selected by the
local educational agency on an equitable basis) to transfer to a public
school that has not been identified for school improvement under section
1116(c): Provided further, That up to $3,500,000 of these funds shall be
available to the Secretary on October 1, 1999, to obtain updated local-
educational-agency-level census poverty data from the Bureau of the
Census: Provided further, That $1,158,397,000 shall be available for
concentration grants under section 1124A: Provided further, That
$8,900,000 shall be available for evaluations under section 1501 and not
more than $8,500,000 shall be reserved for section
[[Page 113 STAT. 1501A-246]]
1308, of which not more than $3,000,000 shall be reserved for section
1308(d): Provided further, That grant awards under sections 1124 and
1124A of title I of the Elementary and Secondary Education Act of 1965
shall be made to each State and local educational agency at no less than
100 percent of the amount such State or local educational agency
received under this authority for fiscal year 1999: Provided further,
That notwithstanding any other provision of law, grant awards under
section 1124A of title I of the Elementary and Secondary Education Act
of 1965 shall be made to those local educational agencies that received
a Concentration Grant under the Department of Education Appropriations
Act, 1998, but are not eligible to receive such a grant for fiscal year
2000: Provided further, That each such local educational agency shall
receive an amount equal to the Concentration Grant the agency received
in fiscal year 1998, ratably reduced, if necessary, to ensure that these
local educational agencies receive no greater share of their hold-
harmless amounts than other local educational agencies: Provided
further, That the Secretary shall not take into account the hold
harmless provisions in this section in determining State allocations
under any other program administered by the Secretary in any fiscal
year: Provided further, That $170,000,000 shall be available under
section 1002(g)(2) to demonstrate effective approaches to comprehensive
school reform to be allocated and expended in accordance with the
instructions relating to this activity in the statement of the managers
on the conference report accompanying Public Law 105-78 and in the
statement of the managers on the conference report accompanying Public
Law 105-277: Provided further, That in carrying out this initiative, the
Secretary and the States shall support only approaches that show the
most promise of enabling children served by title I to meet challenging
State content standards and challenging State student performance
standards based on reliable research and effective practices, and
include an emphasis on basic academics and parental involvement.
impact aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $910,500,000, of which $737,200,000
shall be for basic support payments under section 8003(b), $50,000,000
shall be for payments for children with disabilities under section
8003(d), $76,000,000, to remain available until expended, shall be for
payments under section 8003(f ), $10,300,000 shall be for construction
under section 8007, $32,000,000 shall be for Federal property payments
under section 8002 and $5,000,000 to remain available until expended
shall be for facilities maintenance under section 8008: Provided, That
of the funds available for section 8007 and notwithstanding any other
provision of law, $500,000 shall be awarded to the Fort Sam Houston
Independent School District, Texas, $800,000 shall be awarded to the
Hays Lodgepole School District, Montana, and $2,000,000 shall be awarded
to the North Chicago Community Unit SD 187: Provided further, That these
funds shall remain available until expended: Provided further, That the
Secretary of Education shall treat as timely filed, and shall process
for payment, an application for a fiscal year 1999 payment from the
local educational agency for Brookeland, Texas under section 8002 of the
Elementary and Secondary Education Act of 1965 if the Secretary has
received that
[[Page 113 STAT. 1501A-247]]
application not later than 30 days after the enactment of this Act:
Provided further, That section 8002(f ) of the Elementary and Secondary
Education Act of 1965 is amended by adding a new paragraph ``(3)'' at
the end to read as follows:
``(3) For each fiscal year beginning with fiscal year 2000,
the Secretary shall treat the Central Union, California; Island,
California; Hill City, South Dakota; and Wall, South Dakota
local educational agencies as meeting the eligibility
requirements of subsection (a)(1)(C) of this section.'':
Provided further, That the Secretary of Education shall consider all
payments received by the educational agency for Hatboro-Horsham and
Delaware Valley, Pennsylvania for fiscal year 1995 under section 8002(a)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7702(a)), and all payments under section 8002(h)(2)(A) for subsequent
years through fiscal year 1999, to be correct: Provided further, That
section 8002(f ) of the Elementary and Secondary Education Act of 1965
is amended by adding at the end thereof a new paragraph (4) to read as
follows:
``(4) For the purposes of payments under this section for
each fiscal year beginning with fiscal year 2000, the Secretary
shall treat the Hot Springs, South Dakota local educational
agency as if it had filed a timely application under section
8002 of the Elementary and Secondary Education Act of 1965 for
fiscal year 1994 if the Secretary has received the fiscal year
1994 application, as well as Exhibits A and B not later than
December 1, 1999.'':
Provided further, That section 8002(f ) of the Elementary and Secondary
Education Act of 1965 is amended by adding at the end thereof a new
paragraph (5) to read as follows:
``(5) For purposes of payments under this section for each
fiscal year beginning with fiscal year 2000, the Secretary shall
treat the Hueneme, California local educational agency as if it
had filed a timely application under section 8002 of the
Elementary and Secondary Education Act of 1965 if the Secretary
has received the fiscal year 1995 application not later than
December 1, 1999.'':
Provided further, That the Secretary of Education shall treat as timely
filed, and shall process for payment, an application for a fiscal year
1998 payment from the local educational agency for Hydaburg, Alaska,
under section 8003 of the Elementary and Secondary Education Act of 1965
if the Secretary has received that application not later than 30 days
after the enactment of this Act: Provided further, That the Secretary of
Education shall treat as timely, and process for payment, an application
for fiscal years 1996 and 1997 payment from the local education agency
for Fallbrook Unified High School District, California, under section
8002 of the Elementary and Secondary Education Act of 1965, if the
Secretary has received that application not later than 30 days after the
enactment of this Act: Provided further, That for the purpose of
computing the amount of a payment for a local educational agency for
children identified under section 8003 of the Elementary and Secondary
Education Act of 1965, children residing in housing initially acquired
or constructed under section 801 of the Military Construction
Authorization Act of 1984 (Public Law 98-115) (``Build to Lease''
program) shall be considered as children described under section
8003(a)(1)(B) if the property described is within the fenced security
perimeter of the military
[[Page 113 STAT. 1501A-248]]
facility upon which such housing is situated: Provided further, That if
such property is not owned by the Federal Government, is subject to
taxation by a State or political subdivision of a State, and thereby
generates revenues for a local educational agency which received a
payment from the Secretary under section 8003, the Secretary shall: (1)
require such local educational agency to provide certification from an
appropriate official of the Department of Defense that such property is
being used to provide military housing; and (2) reduce the amount of
such payment by an amount equal to the amount of revenue from such
taxation received in the second preceding fiscal year by such local
educational agency, unless the amount of such revenue was taken into
account by the State for such second preceding fiscal year and already
resulted in a reduction in the amount of State aid paid to such local
educational agency.
school improvement programs
For carrying out school improvement activities authorized by titles
II, IV, V-A and B, VI, IX, X, and XIII of the Elementary and Secondary
Education Act of 1965 (``ESEA''); the Stewart B. McKinney Homeless
Assistance Act; and the Civil Rights Act of 1964 and part B of title
VIII of the Higher Education Act of 1965; $3,026,884,000, of which
$975,300,000 shall become available on July 1, 2000, and remain
available through September 30, 2001, and of which $1,515,000,000 shall
become available on October 1, 2000 and shall remain available through
September 30, 2001 for academic year 2000-2001: Provided, That of the
amount appropriated, $335,000,000 shall be for Eisenhower professional
development State grants under title II-B and $1,680,000,000 shall be
for title VI and up to $750,000 shall be for an evaluation of
comprehensive regional assistance centers under title XIII of ESEA:
Provided further, That of the amount made available for title VI
$1,300,000,000 shall be available, notwithstanding any other provision
of law, to carry out title VI of Elementary and Secondary Education Act
of 1965 in accordance with section 310 of this Act, in order to reduce
class size, particularly in the early grades, using highly qualified
teachers to improve educational achievement for regular and special
needs children.
reading excellence
For necessary expenses to carry out the Reading Excellence Act,
$65,000,000, which shall become available on July 1, 2000 and shall
remain available through September 30, 2001 and $195,000,000 which shall
become available on October 1, 2000 and remain available through
September 30, 2001.
indian education
For expenses necessary to carry out, to the extent not otherwise
provided, title IX, part A of the Elementary and Secondary Education Act
of 1965, as amended, $77,000,000.
bilingual and immigrant education
For carrying out, to the extent not otherwise provided, bilingual,
foreign language and immigrant education activities authorized by parts
A and C and section 7203 of title VII of the Elementary
[[Page 113 STAT. 1501A-249]]
and Secondary Education Act of 1965, without regard to section 7103(b),
$406,000,000: Provided, That State educational agencies may use all, or
any part of, their part C allocation for competitive grants to local
educational agencies.
special education
For carrying out the Individuals with Disabilities Education Act,
$6,036,646,000, of which $2,047,885,000 shall become available for
obligation on July 1, 2000, and shall remain available through September
30, 2001, and of which $3,742,000,000 shall become available on October
1, 2000 and shall remain available through September 30, 2001, for
academic year 2000-2001: Provided, That $1,500,000 shall be for the
recipient of funds provided by Public Law 105-78 under section
687(b)(2)(G) of the Act to provide information on diagnosis,
intervention, and teaching strategies for children with disabilities:
Provided further, That $1,500,000 shall be awarded to the Organizing
Committee for the 2001 Special Olympics World Winter Games in Alaska and
$1,000,000 shall be awarded to the Salt Lake City Organizing Committee
for the VIII Paralympic Winter Games: Provided further, That $1,000,000
shall be for the Early Childhood Development Project of the National
Easter Seal Society for the Mississippi Delta Region, which funds shall
be used to provide training, technical support, services and equipment
to address personnel and other needs: Provided further, That $1,000,000
shall be awarded to the Center for Literacy and Assessment at the
University of Southern Mississippi for research dissemination and
teacher and parent training.
rehabilitation services and disability research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and
the Helen Keller National Center Act, $2,707,522,000: Provided, That
notwithstanding section 105(b)(1) of the Assistive Technology Act of
1998 (``the AT Act''), each State shall be provided $50,000 for
activities under section 102 of the AT Act: Provided further, That of
the funds available for section 303 of the Rehabilitation Act of 1973
and notwithstanding any other provision of law, $750,000 shall be
awarded to the Krasnow Institute at George Mason University for a
Receptive Language Disorders research center, $1,000,000 shall be
awarded to the University of Central Florida for a virtual reality-based
education and training program for the deaf, $2,000,000 shall be awarded
to the Seattle Lighthouse for the Blind for interpreter, orientation,
mobility, and education services for deaf, blind and other visually
impaired adults, $1,000,000 shall be awarded to the Professional
Development and Research Institute on Blindness in Louisiana for the
training of professionals in the field of education and rehabilitation
of blind adults and children, $600,000 shall be awarded to the Alaska
Center for Independent Living in Anchorage, Alaska to develop capacity
to implement a self-directed model for personal assistance services,
including training of self-employed personal assistants and their
clients, and $250,000 shall be awarded to the Center for Discovery
International Family Institute in Sullivan County, New York to provide
educational opportunities and support to individuals with severe mental
and physical disabilities: Provided further, That of the funds available
for section 305 of the Rehabilitation Act of
[[Page 113 STAT. 1501A-250]]
1973 and notwithstanding any other provision of law, $1,000,000 shall be
awarded to the California State University at Northridge for a Western
Center for Adaptive Therapy: Provided further, That of the funds
available for title II of the Rehabilitation Act of 1973 and
notwithstanding any other provision of law, $500,000 shall be awarded to
the Albert Einstein Medical Center healthcare network in Philadelphia
for research on post polio syndrome.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101
et seq.), $10,100,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I and
II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.),
$48,151,000, of which $2,651,000 shall be for construction and shall
remain available until expended: Provided, That from the total amount
available, the Institute may at its discretion use funds for the
endowment program as authorized under section 207.
gallaudet university
For the Kendall Demonstration Elementary School, the Model Secondary
School for the Deaf, and the partial support of Gallaudet University
under titles I and II of the Education of the Deaf Act of 1986 (20
U.S.C. 4301 et seq.), $85,980,000, of which $2,500,000 shall be for
construction and shall remain available until expended: Provided, That
from the total amount available, the University may at its discretion
use funds for the endowment program as authorized under section 207.
vocational and adult education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Vocational and Technical Education Act, the Adult Education and
Family Literacy Act, and title VIII-D of the Higher Education Act of
1965, as amended, and Public Law 102-73, $1,681,750,000, of which
$3,500,000 shall remain available until expended, and of which
$858,150,000 shall become available on July 1, 2000 and shall remain
available through September 30, 2001 and of which $791,000,000 shall
become available on October 1, 2000 and shall remain available through
September 30, 2001: Provided, That of the amounts made available for the
Carl D. Perkins Vocational and Technical Education Act, $4,600,000 shall
be for tribally controlled vocational institutions under section 117:
Provided further, That of the $450,000,000 for Adult Education State
Grants, 30 percent of the amount exceeding the amount appropriated in
fiscal year 1999 shall be made available for integrated English literacy
and civics education services to immigrants and other limited English
proficient populations: Provided further, That of the amount reserved
for integrated English literacy and civics education, half shall be
allocated to the States with the largest absolute need for such services
and half shall be allocated to the States with the largest recent growth
in need
[[Page 113 STAT. 1501A-251]]
for such services, based on the best available data, notwithstanding
section 211 of the Adult Education and Family Literacy Act: Provided
further, That $9,000,000 shall be for carrying out section 118 of such
act for all activities conducted by and through the National
Occupational Information Coordinating Committee: Provided further, That
of the amounts made available for the Adult Education and Family
Literacy Act, $14,000,000 shall be for national leadership activities
under section 243 and $6,000,000 shall be for the National Institute for
Literacy under section 242: Provided further, That $19,000,000 shall be
for Youth Offender Grants, of which $5,000,000, which shall become
available on July 1, 2000, and remain available through September 30,
2001, shall be used in accordance with section 601 of Public Law 102-73
as that section was in effect prior to the enactment of Public Law 105-
220.
student financial assistance
For carrying out subparts 1, 3 and 4 of part A, part C and part E of
title IV of the Higher Education Act of 1965, as amended,
$9,435,000,000, which shall remain available through September 30, 2001.
The maximum Pell Grant for which a student shall be eligible during
award year 2000-2001 shall be $3,300: Provided, That notwithstanding
section 401(g) of the Act, if the Secretary determines, prior to
publication of the payment schedule for such award year, that the amount
included within this appropriation for Pell Grant awards in such award
year, and any funds available from the fiscal year 1999 appropriation
for Pell Grant awards, are insufficient to satisfy fully all such awards
for which students are eligible, as calculated under section 401(b) of
the Act, the amount paid for each such award shall be reduced by either
a fixed or variable percentage, or by a fixed dollar amount, as
determined in accordance with a schedule of reductions established by
the Secretary for this purpose.
For an additional amount for ``student financial assistance'' for
payment of allocations to institutions of higher education for Federal
Supplemental Educational Opportunity Grants for award years 1999-2000
and 2000-2001, made under title IV, part A, subpart 3, of the Higher
Education Act of 1965, as amended, $10,000,000: Provided, That
notwithstanding any other provision of law, the Secretary of Education
may waive or modify any statutory or regulatory provision applicable to
the Federal Supplemental Educational Opportunity Grant program and the
determination of need for such grants, that the Secretary deems
necessary to assist individuals who suffered financial harm resulting
from the hurricanes, and the flooding associated with the hurricanes,
that struck the eastern United States in August and September 1999, and
who, at the time of the disaster were residing, attending an institution
of higher education, or employed within an area affected by such a
disaster on the date which the President declared the existence of a
major disaster (or, in the case of an individual who is a dependent
student, whose parent or stepparent suffered financial harm from such
disaster, and who resided, or was employed in such an area at that
time): Provided further, That notwithstanding section 437 of the General
Education Provisions Act (20 U.S.C. 1232) and section 553 of title 5,
United States Code, the Secretary shall, by notice in the Federal
Register, exercise
[[Page 113 STAT. 1501A-252]]
this authority, through publication of waivers or modifications of
statutory and regulatory provisions, as the Secretary deems necessary to
assist such individuals: Provided further, That notwithstanding section
413D of the Higher Education Act of 1965, allocations from such
additional amount shall not be taken into account in determining
institutional allocations under such section in future years: Provided
further, That the entire amount made available under this paragraph is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, and that the entire amount shall be available only
to the extent an official budget request for the entire amount, that
includes designation of the entire amount as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, is transmitted by the President to the Congress.
federal family education loan program account
For Federal administrative expenses to carry out guaranteed student
loans authorized by title IV, part B, of the Higher Education Act of
1965, as amended, $48,000,000.
higher education
For carrying out, to the extent not otherwise provided, section 121
and titles II, III, IV, V, VI, VII, and VIII of the Higher Education Act
of 1965, as amended, and the Mutual Educational and Cultural Exchange
Act of 1961; $1,533,659,000, of which $12,000,000 for interest subsidies
authorized by section 121 of the Higher Education Act of 1965, shall
remain available until expended: Provided, That of the funds available
for part A, subpart 2 of title VII of the Higher Education Act of 1965,
$10,000,000 shall be available to fund awards for academic year 2000-
2001, and $10,000,000 to remain available through September 30, 2001,
shall be available to fund awards for academic year 2001-2002, for
fellowships under part A, subpart 1 of title VII of said Act, under the
terms and conditions of part A, subpart 1: Provided further, That
section 852(b)(1) of the Higher Education Amendments of 1998 is
amended--
(1) in the matter preceding subparagraph (A), by striking
``14'' and inserting ``16'';
(2) in subparagraph (E), by striking ``and'' after the
semicolon;
(3) in subparagraph (F), by striking the period and
inserting a semicolon; and
(4) by adding at the end the following:
``(G) one member shall be appointed by the
Chairperson of the Committee on Health, Education,
Labor, and Pensions of the Senate from among members of
the Senate; and
``(H) one member shall be appointed by the
Chairperson of the Committee on Education and the
Workforce of the House of Representatives from among
members of the House of Representatives.'':
Provided further, That the matter preceding paragraph (1) of section
853(b) of the Higher Education Amendments of 1998 is amended by striking
``6 months'' and inserting ``12 months'': Provided further, That the
amounts provided under this heading in division A, section
[[Page 113 STAT. 1501A-253]]
101(f ) of Public Law 105-277 for the Web-Based Education Commission,
authorized by part J of title VIII of the Higher Education Amendments of
1998, shall remain available through September 30, 2000: Provided
further, That $3,000,000 is for data collection and evaluation
activities for programs under the Higher Education Act of 1965,
including such activities needed to comply with the Government
Performance and Results Act of 1993: Provided further, That of the funds
available for title IV, part A, subpart 8 of the Higher Education Act of
1965 and notwithstanding any other provision of law, $3,000,000 shall be
awarded to the University of South Florida for a distance learning
program, $190,000 shall be awarded to the New York Global Communication
Center in West Islip, New York for a distance learning program,
$2,000,000 shall be awarded to the Alliance for Technology, Learning and
Society (ATLAS) at the University of Colorado for technology-enhanced
learning, $2,500,000 shall be awarded to the Illinois Community College
Board to develop a systemwide, on-line virtual degree program for the
community college system in Illinois, and $1,250,000 shall be made
available to the University of Idaho Interactive Learning Environments
to develop and improve Internet-based delivery of education programs.
howard university
For partial support of Howard University (20 U.S.C. 121 et seq.),
$219,444,000, of which not less than $3,530,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment Act (Public
Law 98-480) and shall remain available until expended.
college housing and academic facilities loans program
For Federal administrative expenses authorized under section 121 of
the Higher Education Act of 1965, $737,000 to carry out activities
related to existing facility loans entered into under the Higher
Education Act of 1965.
historically black college and university capital financing program
account
The total amount of bonds insured pursuant to section 344 of title
III, part D of the Higher Education Act of 1965 shall not exceed
$357,000,000, and the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of such bonds shall not exceed zero.
For administrative expenses to carry out the Historically Black
College and University Capital Financing Program entered into pursuant
to title III, part D of the Higher Education Act of 1965, as amended,
$207,000.
education research, statistics, and improvement
For carrying out activities authorized by the Educational Research,
Development, Dissemination, and Improvement Act of 1994, including part
E; the National Education Statistics Act of 1994, including sections 411
and 412; section 2102 of title II, and parts A, B, and K and section
10102, section 10105, and 10601 of title X, and part C of title XIII of
the Elementary and Secondary Education Act of 1965, as amended, and
title VI of Public Law
[[Page 113 STAT. 1501A-254]]
103-227, $596,892,000: Provided, That $50,000,000 shall be available to
demonstrate effective approaches to comprehensive school reform, to be
allocated and expended in accordance with the instructions relating to
this activity in the statement of managers on the conference report
accompanying Public Law 105-78 and in the statement of the managers on
the conference report accompanying Public Law 105-277: Provided further,
That the funds made available for comprehensive school reform shall
become available on July 1, 2000, and remain available through September
30, 2001, and in carrying out this initiative, the Secretary and the
States shall support only approaches that show the most promise of
enabling children to meet challenging State content standards and
challenging State student performance standards based on reliable
research and effective practices, and include an emphasis on basic
academics and parental involvement: Provided further, That $30,000,000
of the funds provided for the national education research institutes
shall be allocated notwithstanding section 912(m)(1)(B-F) and
subparagraphs (B) and (C) of section 931(c)(2) of Public Law 103-227:
Provided further, That of the funds appropriated under section 10601 of
title X of the Elementary and Secondary Education Act of 1965, as
amended, $1,500,000 shall be used to conduct a violence prevention
demonstration program: Provided further, That $45,000,000 shall be
available to support activities under section 10105 of part A of title X
of the Elementary and Secondary Education Act of 1965, of which up to
$2,250,000 may be available for evaluation, technical assistance, and
school networking activities: Provided further, That funds made
available to local educational agencies under this section shall be used
only for activities related to establishing smaller learning communities
in high schools: Provided further, That funds made available for section
10105 of part A of title X of the Elementary and Secondary Education Act
of 1965 shall become available on July 1, 2000, and remain available
through September 30, 2001: Provided further, That of the funds
available for part A of title X of the Elementary and Secondary
Education Act of 1965, $10,000,000 shall be awarded to the National
Constitution Center, established by Public Law 100-433, for exhibition
design, program planning and operation of the center, $10,000,000 shall
be provided to continue a demonstration of public school facilities to
the Iowa Department of Education, $1,000,000 shall be made available to
the New Mexico Department of Education for school performance
improvement and drop-out prevention, $300,000 shall be made available to
Semos Unlimited, Inc., in New Mexico to support bilingual education and
literacy programs, $700,000 shall be awarded to Loyola University
Chicago for recruitment and preparation of new teacher candidates for
employment in rural and inner-city schools, $500,000 shall be awarded to
Shedd Aquarium/Brookfield Zoo for science education/exposure programs
for local elementary school students, $3,000,000 shall be awarded to Big
Brothers/Big Sisters of America to expand school-based mentoring,
$2,500,000 shall be awarded to the Chicago Public School System to
support a substance abuse pilot program in conjunction with Elgin and
East Aurora School Systems, $1,000,000 shall be awarded to the
University of Virginia Center for Governmental Studies for the Youth
Leadership Initiative, $800,000 shall be awarded to the Institute for
Student Achievement at Holmes Middle School and
[[Page 113 STAT. 1501A-255]]
Annandale High School in Virginia for academic enrichment programs,
$100,000 shall be awarded to the Mountain Arts Center for educational
programming, $1,500,000 shall be awarded to the University of Louisville
for research in the area of academic readiness, $500,000 shall be
awarded to the West Ed Regional Educational Laboratory for the 24
Challenge and Jumping Levels Math Demonstration Project, $1,000,000
shall be awarded to Central Michigan University for a charter schools
development and performance institute, $950,000 shall be awarded to the
Living Science Interactive Learning Model partnership in Indian River,
Florida for a science education program, $825,000 shall be awarded to
the North Babylon Community Youth Services for an educational program,
$1,000,000 shall be awarded to the Los Angeles County Office of
Education/Educational Telecommunications and Technology for a pilot
program for teachers, $650,000 shall be awarded to the University of
Northern Iowa for an institute of technology for inclusive education,
$500,000 shall be awarded to Youth Crime Watch of America to expand a
program to prevent crime, drugs and violence in schools, $892,000 shall
be awarded to Muhlenberg College in Pennsylvania for an environmental
science program, $560,000 shall be awarded to the Western Suffolk St.
Johns-LaSalle Academy Science and Technology Mentoring Program,
$4,000,000 shall be awarded to the National Teaching Academy of Chicago
for a model teacher recruitment, preparation and professional
development program, $2,000,000 shall be awarded to the University of
West Florida for a teacher enhancement program, $1,000,000 shall be
awarded to Delta State University in Mississippi for innovative teacher
training, $1,000,000 shall be awarded to the Alaska Humanities Forum,
Inc., in Anchorage, Alaska, $250,000 shall be awarded to An Achievable
Dream in Newport News, Virginia to improve academic performance of at-
risk youths, $250,000 shall be awarded to the Rock School of Ballet in
Philadelphia, Pennsylvania, to expand its community-outreach programs
for inner-city children and underprivileged youth in Camden, New Jersey
and southern New Jersey, $1,000,000 shall be awarded to the University
of Maryland Center for Quality and Productivity to provide a link for
the Blue Ribbon Schools, $1,000,000 shall be awarded to the Continuing
Education Center and Teachers' Institute in South Boston, Virginia to
promote participation among youth in the United States democratic
process, $1,000,000 shall be for the National Museum of Women in the
Arts to expand its ``Discovering Art'' program to elementary and
secondary schools and other educational organizations, $400,000 shall be
awarded to the Alaska Department of Education's summer reading program,
$400,000 shall be awarded to the Partners in Education, Inc., to foster
successful business-school partnerships, $250,000 shall be for the
Kodiak Island Borough School District for development of an
environmental education program, $2,000,000 shall be for the Reach Out
and Read Program to expand literacy and health awareness for at-risk
families, $1,000,000 shall be for the Virginia Living Museum in Newport
News, Virginia for an educational program, $450,000 shall be for the
Challenger Learning Center in Hardin County, Kentucky for technology
assistance and teacher training, $250,000 shall be for the Crawford
County School System in Georgia for technology and curriculum support,
$500,000 shall be for the Berrien County School System in Georgia for
technology development, $35,000 shall be for the Louisville Salvation
Army Boys and Girls Club Diversion
[[Page 113 STAT. 1501A-256]]
Enhancement Program, $100,000 shall be awarded to the Philadelphia
Orchestra's Philly Pops to operate the Jazz in the Schools program in
the Philadelphia school district, $500,000 for the Mississippi Delta
Education for a teacher incentive program initiative, $500,000 shall be
for A Community of Agile Partners in Education and the Pennsylvania
Telecommunications Exchange Network for a technology resource sharing
initiative, $500,000 shall be for enhanced teacher training in reading
in the District of Columbia, $100,000 shall be awarded to the Project
2000 D.C. mentoring project, and $1,250,000 shall be awarded to Helen
Keller World Wide to expand the ChildSight vision screening program and
provide eyeglasses to additional children whose educational performance
may be hindered by poor vision, $750,000 shall be awarded to the
Explornet Technology Learning Project in North Carolina, $1,750,000
shall be awarded to the Connecticut Early Reading Success Institute to
broaden the training of professionals in best practices in reading
instruction, $400,000 shall be awarded to the National Academy of
Recording Artists and Sciences Foundation for the GRAMMY in the Schools
program to provide music education to high school students, $1,000,000
shall be awarded to the Rosa and Raymond Parks Institute for Self-
Development for the Pathways to Freedom program for civil rights
education for young people and for community learning centers, $500,000
shall be awarded to the Milton S. Eisenhower Foundation to replicate and
scientifically evaluate full-service community schools, $500,000 shall
be awarded to the Henry Abbott Technical High School in Danbury,
Connecticut for workforce education and training activities, $1,000,000
shall be awarded to the Educational Performance Foundation, CPI music
education program called ``From the Top'', $250,000 shall be awarded to
the Mount Vernon School District in Mount Vernon, New York for the
Institute of Student Achievement program, $2,000,000 shall be awarded to
the National Council of La Raza for a project to improve educational
outcomes and opportunities for Hispanic children, $250,000 shall be
awarded to the Oakland Unified School District in California for an
African American Literacy and Culture Project, $300,000 shall be awarded
to the Vasona Center Youth Science Institute, $750,000 shall be awarded
to the Life Learning Academy Charter School in San Francisco,
California, $250,000 shall be awarded to the National Urban Coalition
Say YES To A Youngster's Future Program to provide math and science
education, $750,000 shall be awarded to the Wisconsin Academy Staff
Development Initiative in Chippewa Falls, Wisconsin to provide math,
science, and technology teacher training, $500,000 shall be awarded to
the University of Missouri-St. Louis to develop a plan to improve the
education system in the City of St. Louis, Missouri, $313,000 shall be
awarded to the City of Houston for the ASPIRE after-school program,
$900,000 shall be awarded to the Boston Music Education Collaborative
comprehensive interdisciplinary music program and teacher resource
center in Boston, Massachusetts, $250,000 shall be awarded to the
Baltimore Reads after-school tutoring program in Baltimore, Maryland,
$300,000 shall be awarded to the School of International Training in
Brattleboro, Vermont to develop an education curriculum addressing child
labor issues in collaboration with the Brattleboro Union High School,
$750,000 shall be awarded to the University of Puerto Rico for the
continuation and expansion of the Hispanic Educational Linkages Program
in New York City,
[[Page 113 STAT. 1501A-257]]
including the South Bronx, New York, $250,000 shall be awarded to the
Community Service Society of New York for mentoring, tutoring and
technology activities in New York City public schools, including schools
in the South Bronx, $250,000 shall be awarded to the Smithsonian
Institution for a jazz music education program in Washington, D.C.,
$500,000 shall be awarded to Johnson Elementary School in Cedar Rapids,
Iowa, to develop an innovative arts education model which could be
replicated in other schools, $2,000,000 shall be awarded to the Boys and
Girls Clubs of America for after-school programs, $500,000 shall be for
the University of New Orleans for a teacher preparation and educational
technology initiative, and $250,000 shall be for the Florida Department
of Education for an Internet-based teacher recruitment model, $250,000
shall be awarded to the Kennedy Center for the Performing Arts for the
``Make a Ballet'' arts education program in the New York City area:
Provided further, That of the funds available for section 10601 of title
X of such Act, $2,000,000 shall be awarded to the Center for Educational
Technologies for production and distribution of an effective CD-ROM
product that would complement the ``We the People: The Citizen and the
Constitution'' curriculum: Provided further, That, in addition to the
funds for title VI of Public Law 103-227 and notwithstanding the
provisions of section 601(c)(1)(C) of that Act, $1,000,000 shall be
available to the Center for Civic Education to conduct a civic education
program with Northern Ireland and the Republic of Ireland and,
consistent with the civics and Government activities authorized in
section 601(c)(3) of Public Law 103-227, to provide civic education
assistance to democracies in developing countries. The term ``developing
countries'' shall have the same meaning as the term ``developing
country'' in the Education for the Deaf Act.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference
rooms in the District of Columbia and hire of two passenger motor
vehicles, $383,184,000.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $71,200,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $34,000,000.
GENERAL PROVISIONS
Sec. 301. No funds appropriated in this Act may be used for the
transportation of students or teachers (or for the purchase of equipment
for such transportation) in order to overcome racial imbalance in any
school or school system, or for the transportation of students or
teachers (or for the purchase of equipment for such
[[Page 113 STAT. 1501A-258]]
transportation) in order to carry out a plan of racial desegregation of
any school or school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home, except
for a student requiring special education, to the school offering such
special education, in order to comply with title VI of the Civil Rights
Act of 1964. For the purpose of this section an indirect requirement of
transportation of students includes the transportation of students to
carry out a plan involving the reorganization of the grade structure of
schools, the pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing or clustering. The
prohibition described in this section does not include the establishment
of magnet schools.
Sec. 303. No funds appropriated under this Act may be used to
prevent the implementation of programs of voluntary prayer and
meditation in the public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985, as amended) which are appropriated for the Department of Education
in this Act may be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any such
transfer: Provided, That the Appropriations Committees of both Houses of
Congress are notified at least 15 days in advance of any transfer.
Sec. 305. (a) From the funds appropriated for payments to local
educational agencies under section 8003(f ) of the Elementary and
Secondary Education Act of 1965 (``ESEA'') for fiscal year 2000, the
Secretary of Education shall distribute supplemental payments for
certain local educational agencies, as follows:
(1) First, from the amount of $74,000,000, the Secretary
shall make supplemental payments to the following agencies under
section 8003(f ) of ESEA:
(A) Local educational agencies that received
assistance under section 8003(f ) for fiscal year 1999--
(i) in fiscal year 1997 had at least 40
percent federally connected children described in
section 8003(a)(1) in average daily attendance;
and in fiscal year 1997 had a tax rate for general
fund purposes which was at least 95 percent of the
State average tax rate for general fund purposes;
or
(ii) whose boundary is coterminous with the
boundary of a Federal military installation.
(B) Local educational agencies that received
assistance under section 8003(f ) for fiscal year 1999;
and in fiscal year 1997 had at least 30 percent
federally connected children described in section
8003(a)(1) in average daily attendance; and in fiscal
year 1997 had a tax rate for general fund purposes which
was at least 125 percent of the State average tax rate
for general fund purposes.
(C) Any eligible local educational agency that in
fiscal year 1997, which had at least 25,000 children in
average daily attendance, at least 50 percent federally
connected children described in section 8003(a)(1) in
average daily
[[Page 113 STAT. 1501A-259]]
attendance, and at least 6,000 children described in
subparagraphs (A) and (B) of section 8003(a)(1) in
average daily attendance.
(2) From the remaining $2,000,000 and any amounts available
after making payments under paragraph (1), the Secretary shall
then make supplemental payments to local educational agencies
that are not described in paragraph (1) of this subsection, but
that meet the requirements of paragraphs (2) and (4) of section
8003(f ) of ESEA for fiscal year 2000.
(3) After making payments to all eligible local educational
agencies described in paragraph (2) of subsection (a), the
Secretary shall use any remaining funds from paragraph (2) for
making payments to the eligible local educational agencies
described in paragraph (1) of subsection (a) if the amount
available under paragraph (1) is insufficient to fully fund all
eligible local educational agencies.
(4) After making payments to all eligible local educational
agencies as described in paragraphs 1 through 3, the Secretary
shall use any remaining funds to increase basic support payments
under section 8003(b) for fiscal year 2000 for all eligible
applicants.
(b) In calculating the amounts of supplemental payments for agencies
described in subparagraphs (1)(A) and (B) and paragraph (2) of
subsection (a), the Secretary shall use the formula contained in section
8003(b)(1)(C) of ESEA, except that--
(1) eligible local educational agencies may count all
children described in section 8003(a)(1) in computing the amount
of those payments;
(2) maximum payments for any of those agencies that use
local contribution rates identified in section 8003(b)(1)(C) (i)
or (ii) shall be computed by using four-fifths instead of one-
half of those rates;
(3) the learning opportunity threshold percentage of all
such agencies under section 8003(b)(2)(B) shall be deemed to be
100;
(4) for an eligible local educational agency with 35 percent
or more of its children in average daily attendance described in
either subparagraph (D) or (E) of section 8003(a)(1) in fiscal
year 1997, the weighted student unit figure from its regular
basic support payment shall be recomputed by using a factor of
0.55 for such children;
(5) for an eligible local educational agency with fewer than
100 children in average daily attendance in fiscal year 1997,
the weighted student unit figure from its regular basic support
payment shall be recomputed by multiplying the total number of
children described in section 8003(a)(1) by a factor of 1.75;
and
(6) for an eligible local educational agency whose total
number of children in average daily attendance in fiscal year
1997 was at least 100, but fewer than 750, the weighted student
unit figure from its regular basic support payment shall be
recomputed by multiplying the total number of children described
in section 8003(a)(1) by a factor of 1.25.
(c) For a local educational agency described in subsection (a)(1)(C)
above, the Secretary shall use the formula contained in section
8003(b)(1)(C) of ESEA, except that the weighted student
[[Page 113 STAT. 1501A-260]]
unit total from its regular basic support payment shall be recomputed by
using a factor of 1.35 for children described in subparagraphs (A) and
(B) of section 8003(a)(1) and its learning opportunity threshold
percentage shall be deemed to be 100.
(d) For each eligible local educational agency, the calculated
supplemental section 8003(f ) payment shall be reduced by subtracting
the agency's fiscal year 2000 section 8003(b) basic support payment.
(e) If the sums described in subsections (a)(1) and (2) above are
insufficient to pay in full the calculated supplemental payments for the
local educational agencies identified in those subsections, the
Secretary shall ratably reduce the supplemental section 8003(f ) payment
to each local educational agency.
Sec. 306. (a) Section 1204(b)(1)(A) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6364(b)(1)(a)) is amended--
(1) in clause (iv), by striking ``and'' after the semicolon;
(2) by striking clause (v) and adding the following:
``(v) 50 percent in the fifth, sixth, seventh, and eighth
such years; and
``(vi) 35 percent in any subsequent such year.''.
(b) Section 1208(b) of the Elementary and Secondary Education Act of
1965 is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) Continuing eligibility.--In awarding subgrant funds to
continue a program under this part after the first year, the
State educational agency shall review the progress of each
eligible entity in meeting the goals of the program referred to
in section 1207(c)(1)(A) and shall evaluate the program based on
the indicators of program quality developed by the State under
section 1210.''; and
(2) in paragraph (5)(A), by striking the last sentence.
Sec. 307. (a) Notwithstanding sections 401( j) and 435(a)(2) of the
Higher Education Act of 1965 (20 U.S.C. 1070a( j) and 1085(a)(2)) and
subject to the requirements of subsection (b), the Secretary of
Education shall--
(1) recalculate the official fiscal year 1996 cohort default
rate for Jacksonville College of Jacksonville, Texas, on the
basis of data corrections confirmed by the Texas Guaranteed
Student Loan Corporation; and
(2) restore the eligibility of Jacksonville College to
participate in the Federal Pell Grant Program for the 1999-2000
award year and succeeding award years.
(b) Jacksonville College shall implement a default management plan
that is satisfactory to the Secretary of Education.
(c) For purposes of determining its Federal Pell Grant Program
eligibility, Jacksonville College shall be deemed to have withdrawn from
the Federal Family Education Loan program as of October 6, 1998.
Sec. 308. An amount of $14,500,000 from the balances of returned
reserve funds, formerly held by the Higher Education Assistance
Foundation, that are currently held in Higher Education Assistance
Foundation Claims Reserves, Treasury account number 91X6192, and
$12,000,000 from funds formerly held by the Higher Education Assistance
Foundation, that are currently held in trust, shall be deposited in the
general fund of the Treasury.
[[Page 113 STAT. 1501A-261]]
Sec. 309. Of the funds provided in title III of this Act, under the
heading ``Higher Education'', for title VII, part B of the Higher
Education Act of 1965, $250,000 shall be awarded to the Snelling Center
for Government at the University of Vermont for a model school program,
$750,000 shall be awarded to Texas A&M University, Corpus Christi, for
operation of the Early Childhood Development Center, $1,000,000 shall be
awarded to Southeast Missouri State University for equipment and
curriculum development associated with the University's Polytechnic
Institute, $800,000 shall be awarded to the Washington Virtual Classroom
Consortium to develop, equip and implement an ecosystem curriculum,
$500,000 shall be provided to the Puget Sound Center for Technology for
faculty development activities for the use of technology in the
classroom, $500,000 shall be awarded to the Center for the Advancement
of Distance Education in Rural America, $3,000,000, to be available
until expended, shall be awarded to the University Center of Lake
County, Illinois and $1,000,000, to be available until expended, shall
be awarded to the Oregon University System for activities authorized
under title III, part A, section 311(c)(2), of the Higher Education Act
of 1965, as amended, $500,000 shall be awarded to Columbia College
Illinois for a freshman retention program, $1,500,000 shall be awarded
to the University of Hawaii at Manoa for a Globalization Research
Center, $2,000,000 shall be awarded to the University of Arkansas at
Pine Bluff for technology infrastructure, $1,000,000 shall be awarded to
the I Have a Dream Foundation, $1,000,000 shall be awarded to a
demonstration program for activities authorized under part G of title
VIII of the Higher Education Act of 1965, as amended, $3,000,000 shall
be awarded to the Daniel J. Evans School of Public Policy at the
University of Washington, $200,000 shall be awarded to North Dakota
State University for the Career Program for Dislocated Farmers and
Ranchers, $350,000 shall be awarded to North Dakota State University for
the Tech-based Industry Traineeship Program, $3,000,000 shall be awarded
to Washington State University for the Thomas S. Foley Institute to
support programs in congressional studies, public policy, voter
education, and to ensure community access and outreach, $200,000 shall
be awarded to Minot State University for the Rural Communications
Disabilities Program, $300,000 shall be awarded to Bryant College for
the Linking International Trade Education Program (LITE), $1,000,000
shall be awarded to Concord College, West Virginia for a technology
center to further enhance the technical skills of West Virginia teachers
and students, $200,000 shall be awarded to Peirce College in
Philadelphia, Pennsylvania for education and training programs, $250,000
shall be awarded to the Philadelphia Zoo for educational programs,
$800,000 shall be awarded to Spelman College in Georgia for educational
operations, $1,000,000 shall be awarded to the Philadelphia University
Education Center for technology education, $725,000 shall be awarded to
Lock Haven University for technology innovations, $250,000 for Middle
Georgia College for an advanced distributed learning center
demonstration program, $1,000,000 for the University of the Incarnate
Word in San Antonio, Texas, to improve teacher capabilities in
technology, $1,000,000 for Elmira College in New York for a technology
enhancement initiative, $1,000,000 shall be awarded to the Southeastern
Pennsylvania Consortium on Higher Education for education programs,
$400,000
[[Page 113 STAT. 1501A-262]]
shall be awarded to Lehigh University Iacocca Institute for educational
training, $250,000 shall be awarded to Lafayette College for arts
education, $1,000,000 shall be awarded to Lewis and Clark College for
the Crime Victims Law Institute, $1,650,000 for Rust College in
Mississippi for technology infrastructure, $500,000 for the University
of Notre Dame for a teacher quality initiative, $2,400,000 shall be
awarded to the Western Governors University for a distance learning
initiative, $1,000,000 shall be awarded to the Alabama A&M University
for the development of a research institute, $1,000,000 shall be awarded
to Tarleton State University in Stephenville, Texas for the Center for
Astronomy Education and Research summer science programs for students
and teachers, $1,500,000 shall be awarded to the Great Plains Network at
Kansas University, $350,000 shall be awarded to the Science Education
and Literacy Center at Rider University in New Jersey, $1,500,000 shall
be awarded to the Indiana State University DegreeLink Partnership for a
distance learning program, $1,000,000 shall be awarded to the Ivy
Technical State College in Indiana for a machine tool training program,
$1,250,000 shall be awarded to the Connecticut State University System
Center for Education Technology Assessment, $400,000 shall be awarded to
Monmouth University in New Jersey for the 21st Century Science Teachers
Skills Project, $58,000 shall be awarded to the Black Hawk College
International Business Education Center in Moline, Illinois for training
in international economics, $325,000 shall be awarded to the World
Learning School of International Training in Brattleboro, Vermont for
the expansion of a language study program, $500,000 shall be awarded to
the Diablo Valley Community College at Contra-Costa Community College
District for a model teacher program to foster interest in teaching
careers among high school and community college students, $1,000,000
shall be awarded to the Urban College of Boston, Massachusetts, for
tutoring and mentoring services for educationally disadvantaged
students, $1,000,000 shall be awarded to the University of Rhode Island
Center for Environmental Design, Planning, and Policy in Kingston, Rhode
Island to foster environmental education, $800,000 shall be awarded to
the Wisconsin Indianhead Technical College at Ashland and Superior to
provide high technology education and training, $400,000 shall be for an
award to the University of Wisconsin at Superior for Project SPARKS to
link faculty with schools in the Superior School District in Wisconsin,
and $100,000 shall be awarded to the University of Nevada at Las Vegas
for the Nevada Institute for Children Children's literacy program.
Sec. 310. (a) From the amount appropriated for title VI of the
Elementary and Secondary Education Act of 1965 in accordance with this
section, the Secretary of Education--(1) shall make available a total of
$6,000,000 to the Secretary of the Interior (on behalf of the Bureau of
Indian Affairs) and the outlying areas for activities under this
section; and (2) shall allocate the remainder by providing each State
the same percentage of that remainder as it received of the funds
allocated to States under section 307(a)(2) of the Department of
Education Appropriations Act, 1999.
(b)(1) Each State that receives funds under this section shall
distribute 100 percent of such funds to local educational agencies, of
which--
[[Page 113 STAT. 1501A-263]]
(A) 80 percent of such amount shall be allocated to such
local educational agencies in proportion to the number of
children, aged 5 to 17, who reside in the school district served
by such local educational agency from families with incomes
below the poverty line (as defined by the Office of Management
and Budget and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2))) applicable to a family of the size involved for the
most recent fiscal year for which satisfactory data are
available compared to the number of such individuals who reside
in the school districts served by all the local educational
agencies in the State for that fiscal year; and
(B) 20 percent of such amount shall be allocated to such
local educational agencies in accordance with the relative
enrollments of children, aged 5 to 17, in public and private
nonprofit elementary and secondary schools within the boundaries
of such agencies.
(2) Notwithstanding paragraph (1), if the award to a local
educational agency under this section is less than the starting salary
for a new fully qualified teacher in that agency who is certified within
the State (which may include certification through State or local
alternative routes), has a baccalaureate degree, and demonstrates the
general knowledge, teaching skills, and subject matter knowledge
required to teach in his or her content areas, that agency may use funds
under this section to (A) help pay the salary of a full- or part-time
teacher hired to reduce class size, which may be in combination with
other Federal, State, or local funds; or (B) pay for activities
described in subsection (c)(2)(A)(iii) which may be related to teaching
in smaller classes.
(c)(1) The basic purpose and intent of this section is to reduce
class size with fully qualified teachers. Each local educational agency
that receives funds under this section shall use such funds to carry out
effective approaches to reducing class size with fully qualified
teachers who are certified within the State, including teachers
certified through State or local alternative routes, and who demonstrate
competency in the areas in which they teach, to improve educational
achievement for both regular and special needs children, with particular
consideration given to reducing class size in the early elementary
grades for which some research has shown class size reduction is most
effective.
(2)(A) Each such local educational agency may use funds under this
section for
(i) recruiting (including through the use of signing
bonuses, and other financial incentives), hiring, and training
fully qualified regular and special education teachers (which
may include hiring special education teachers to team-teach with
regular teachers in classrooms that contain both children with
disabilities and non-disabled children) and teachers of special-
needs children, who are certified within the State, including
teachers certified through State or local alternative routes,
have a baccalaureate degree and demonstrate the general
knowledge, teaching skills, and subject matter knowledge
required to teach in their content areas;
(ii) testing new teachers for academic content knowledge,
and to meet State certification requirements that are consistent
with title II of the Higher Education Act of 1965; and
[[Page 113 STAT. 1501A-264]]
(iii) providing professional development (which may include
such activities as promoting retention and mentoring) to
teachers, including special education teachers and teachers of
special-needs children, in order to meet the goal of ensuring
that all instructional staff have the subject matter knowledge,
teaching knowledge, and teaching skills necessary to teach
effectively in the content area or areas in which they provide
instruction, consistent with title II of the Higher Education
Act of 1965.
(B)(i) Except as provided under clause (ii) a local educational
agency may use not more than a total of 25 percent of the award received
under this section for activities described in clauses (ii) and (iii) of
subparagraph (A).
(ii) A local educational agency in an Ed-Flex Partnership State
under Public Law 106-25, the Education Flexibility Partnership Act, and
in which 10 percent or more of teachers in elementary schools as defined
by section 14101(14) of the Elementary and Secondary Education Act of
1965 have not met applicable State and local certification requirements
(including certification through State or local alternative routes), or
if such requirements have been waived, may apply to the State
educational agency for a waiver that would permit it to use more than 25
percent of the funds it receives under this section for activities
described in subparagraph (A)(iii) for the purpose of helping teachers
who have not met the certification requirements become certified.
(iii) If the State educational agency approves the local educational
agency's application for a waiver under clause (ii), the local
educational agency may use the funds subject to the waiver for
activities described in subparagraph (A)(iii) that are needed to ensure
that at least 90 percent of the teachers in elementary schools are
certified within the State.
(C) A local educational agency that has already reduced class size
in the early grades to 18 or less children (or has already reduced class
size to a State or local class size reduction goal that was in effect on
the day before the enactment of the Department of Education
Appropriations Act, 2000, if that State or local educational agency goal
is 20 or fewer children) may use funds received under this section--
(i) to make further class size reductions in grades
kindergarten through 3;
(ii) to reduce class size in other grades; or
(iii) to carry out activities to improve teacher quality,
including professional development.
(D) If a local educational agency has already reduced class size in
the early grades to 18 or fewer children and intends to use funds
provided under this section to carry out professional development
activities, including activities to improve teacher quality, then the
State shall make the award under subsection (b) to the local educational
agency.
(3) Each such agency shall use funds under this section only to
supplement, and not to supplant, State and local funds that, in the
absence of such funds, would otherwise be spent for activities under
this section.
(4) No funds made available under this section may be used to
increase the salaries or provide benefits, other than participation in
professional development and enrichment programs, to teachers who are
not hired under this section. Funds under this section
[[Page 113 STAT. 1501A-265]]
may be used to pay the salary of teachers hired under section 307 of the
Department of Education Appropriations Act, 1999.
(d)(1) Each State receiving funds under this section shall report on
activities in the State under this section, consistent with section
6202(a)(2) of the Elementary and Secondary Education Act of 1965.
(2) Each State and local educational agency receiving funds under
this section shall publicly report to parents on its progress in
reducing class size, increasing the percentage of classes in core
academic areas taught by fully qualified teachers who are certified
within the State and demonstrate competency in the content areas in
which they teach, and on the impact that hiring additional highly
qualified teachers and reducing class size, has had, if any, on
increasing student academic achievement.
(3) Each school receiving funds under this section shall provide to
parents upon request, the professional qualifications of their child's
teacher.
(e) If a local educational agency uses funds made available under
this section for professional development activities, the agency shall
ensure for the equitable participation of private nonprofit elementary
and secondary schools in such activities. Section 6402 of the Elementary
and Secondary Education Act of 1965 shall not apply to other activities
under this section.
(f ) Administrative Expenses.--A local educational agency that
receives funds under this section may use not more than 3 percent of
such funds for local administrative costs.
(g) Request for Funds.--Each local educational agency that desires
to receive funds under this section shall include in the application
required under section 6303 of the Elementary and Secondary Education
Act of 1965 a description of the agency's program to reduce class size
by hiring additional highly qualified teachers.
(h) No funds under this section may be used to pay the salary of any
teacher hired with funds under section 307 of the Department of
Education Appropriations Act, 1999, unless, by the start of the 2000-
2001 school year, the teacher is certified within the State (which may
include certification through State or local alternative routes) and
demonstrates competency in the subject areas in which he or she teaches.
(i) Titles III and IV of the Goals 2000: Educate America Act are
repealed on September 30, 2000.
limitation on punitive damages awarded against institutions of higher
education
Sec. 311. Section 5 of the Y2K Act (15 U.S.C. 6604) is amended by
adding at the end the following:
``(d) Institutions of Higher Education.--
``(1) In general.--Subject to paragraph (2), punitive
damages in a Y2K action may not be awarded against an instituion
of higher education as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
``(2) Exception.--Paragraph (1) shall not apply to an
institution of higher education if the Y2K failure in the Y2K
action occurred in a computer-based student financial aid system
of that institution of higher education, and the institution--
``(A) has not passed Y2K data exchange testing with
the Department of Education; or
[[Page 113 STAT. 1501A-266]]
``(B) is not or was not in the process of performing
data exchange testing with the Department of Education
at the time the Department terminates such testing.''.
Sec. 312. Section 4 of P.L. 106-71 is amended by striking subsection
(c).
SEC. 313. HOLD HARMLESS.
(a) Local Contribution Rate.--For purposes of calculating a payment
under section 8003(b) of the Elementary and Secondary Education Act of
1965 for fiscal year 1999 or 2000 with respect to any local educational
agency described in subsection (b), the Secretary of Education shall not
use a local contribution rate for the fiscal year that is less than the
local contribution rate used for the local educational agency for fiscal
year 1998.
(b) Local Educational Agencies.--A local educational agency referred
to in subsection (a) is any local educational agency that--
(1) is eligible to receive a payment under section 8003(b)
of the Elementary and Secondary Education Act of 1965 for fiscal
year 1999 or 2000, as the case may be; and
(2) received a payment under such section for fiscal year
1998 that was calculated on the basis of a local contribution
rate based on generally comparable school districts using the
special additional factors method.
(c) Effective Date.--This section shall be effective for fiscal
years 1999 and 2000.
SEC. 314. VOTER REGISTRATION OF COLLEGE STUDENTS.
Subparagraph (C) of section 487(a)(23) of the Higher Education Act
of 1965 (20 U.S.C. 1094(a)(23)) is amended to read as follows:
``(C) This paragraph shall apply to general and
special elections for Federal office, as defined in
section 301(3) of the Federal Election Campaign Act of
1971 (2 U.S.C. 431(3)), and to the elections for
Governor or other chief executive within such State).''.
This title may be cited as the ``Department of Education
Appropriations Act, 2000''.
TITLE IV--RELATED AGENCIES
armed forces retirement home
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the United States Soldiers' and Airmen's Home and
the United States Naval Home, to be paid from funds available in the
Armed Forces Retirement Home Trust Fund, $68,295,000, of which
$12,696,000 shall remain available until expended for construction and
renovation of the physical plants at the United States Soldiers' and
Airmen's Home and the United States Naval Home: Provided, That,
notwithstanding any other provision of law, a single contract or related
contracts for development and construction, to include construction of a
long-term care facility at the United States Naval Home, may be employed
which collectively include the full scope of the project: Provided
further, That the solicitation and contract shall contain the clause
``availability of funds'' found at 48 CFR 52.232-18 and 252.232-7007,
Limitation of Government Obligations.
[[Page 113 STAT. 1501A-267]]
Corporation for National and Community Service
domestic volunteer service programs, operating expenses
For expenses necessary for the Corporation for National and
Community Service to carry out the provisions of the Domestic Volunteer
Service Act of 1973, as amended, $295,645,000: Provided, That none of
the funds made available to the Corporation for National and Community
Service in this Act for activities authorized by part E of title II of
the Domestic Volunteer Service Act of 1973 shall be used to provide
stipends to volunteers or volunteer leaders whose incomes exceed the
income guidelines established for payment of stipends under the Foster
Grandparent and Senior Companion programs: Provided further, That the
foregoing proviso shall not apply to the Seniors for Schools program.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting, as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
2002, $350,000,000: Provided, That no funds made available to the
Corporation for Public Broadcasting by this Act shall be used to pay for
receptions, parties, or similar forms of entertainment for Government
officials or employees: Provided further, That none of the funds
contained in this paragraph shall be available or used to aid or support
any program or activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race, color,
national origin, religion, or sex: Provided further, That in addition to
the amounts provided above, $10,000,000 shall be for digitalization,
only if specifically authorized by subsequent legislation enacted by
September 30, 2000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service to carry out the functions vested in it by the Labor Management
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses
necessary for the Service to carry out the functions vested in it by the
Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71),
$36,834,000, including $1,500,000, to remain available through September
30, 2001, for activities authorized by the Labor-Management Cooperation
Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C.
3302, fees charged, up to full-cost recovery, for special training
activities and other conflict resolution services and technical
assistance, including those provided to foreign governments and
international organizations, and for arbitration services shall be
credited to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration services
shall be available only for education, training, and professional
development of the agency workforce: Provided further, That the Director
of the Service is authorized to accept and use on behalf of the United
States
[[Page 113 STAT. 1501A-268]]
gifts of services and real, personal, or other property in the aid of
any projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health Review
Commission (30 U.S.C. 801 et seq.), $6,159,000.
Institute of Museum and Library Services
Office of Library Services: Grants and Administration
For carrying out subtitle B of the Museum and Library Services Act,
$166,885,000, of which $22,991,000 shall be awarded to national
leadership projects, notwithstanding any other provision of law:
Provided, That of the amount provided, $700,000 shall be awarded to the
Library and Archives of New Hampshire's Political Tradition at the New
Hampshire State Library, $1,000,000 shall be awarded to the Vermont
Department of Libraries in Montpelier, Vermont, $750,000 shall be
awarded to consolidation and preservation of archives and special
collections at the University of Miami Library in Coral Gables, Florida,
$1,900,000 shall be awarded to exhibits and library improvements for the
Mississippi River Museum and Discovery Center in Dubuque, Iowa, $750,000
shall be awarded to the Alaska Native Heritage Center in Anchorage,
Alaska, $750,000 shall be awarded to the Peabody-Essex Museum in Salem,
Massachusetts, $750,000 shall be awarded to the Bishop Museum in Hawaii,
$200,000 shall be awarded to Oceanside Public Library in California for
a local cultural heritage project, $1,000,000 shall be awarded to the
Urban Children's Museum Collaborative to develop and implement pilot
programs dedicated to serving at-risk children and their families,
$150,000 shall be awarded to the Troy State University Dothan in Alabama
for archival of a special collection, $450,000 shall be awarded to
Chadron State College in Nebraska for the Mari Sandoz Center, $350,000
shall be awarded to the Alabama A&M University Alabama State Black
Archives Research Center and Museum, $350,000 shall be awarded to Mystic
Seaport, the Museum of America and the Sea, in Connecticut to develop an
educational outreach and informal learning laboratory, $100,000 shall be
awarded to the Museum for African Art in New York City, New York for
community programming, $35,000 shall be awarded to the Children's Museum
of Manhattan in New York City, New York for family programming, $400,000
shall be awarded to the Full Service Library in Molalla, Oregon for
technology training and community education programs, $250,000 shall be
awarded to Temple University Libraries African American library
digitization initiative, and $1,000,000 shall be awarded to the Natural
History Museum of Los Angeles County, for a science education program
that targets a Spanish speaking audience, $1,000,000 for Dakota Wesleyan
University to support enhanced use of technology in the delivery of
library services and $500,000 shall be for the Portland State Millar
Library for technology based information and research networks.
[[Page 113 STAT. 1501A-269]]
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $7,015,000, to be transferred to this appropriation from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds.
National Commission on Libraries and Information Science
salaries and expenses
For necessary expenses for the National Commission on Libraries and
Information Science, established by the Act of July 20, 1970 (Public Law
91-345, as amended), $1,300,000.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, as amended,
$2,400,000.
National Education Goals Panel
For expenses necessary for the National Education Goals Panel, as
authorized by title II, part A of the Goals 2000: Educate America Act,
$2,250,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, as amended (29 U.S.C. 141-167), and other laws, $206,500,000:
Provided, That no part of this appropriation shall be available to
organize or assist in organizing agricultural laborers or used in
connection with investigations, hearings, directives, or orders
concerning bargaining units composed of agricultural laborers as
referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152),
and as amended by the Labor-Management Relations Act, 1947, as amended,
and as defined in section 3(f ) of the Act of June 25, 1938 (29 U.S.C.
203), and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least 95
percent of the water stored or supplied thereby is used for farming
purposes.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards
appointed by the President, $9,600,000: Provided, That unobligated
balances at the end of fiscal year 2000 not needed
[[Page 113 STAT. 1501A-270]]
for emergency boards shall remain available for other statutory purposes
through September 30, 2001.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health Review
Commission (29 U.S.C. 661), $8,500,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $174,000,000,
which shall include amounts becoming available in fiscal year 2000
pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
an amount, not to exceed 2 percent of the amount provided herein, shall
be available proportional to the amount by which the product of
recipients and the average benefit received exceeds $174,000,000:
Provided, That the total amount provided herein shall be credited in 12
approximately equal amounts on the first day of each month in the fiscal
year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2001, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board for
administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $91,000,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, as amended, not more than $5,400,000, to
be derived from the railroad retirement accounts and railroad
unemployment insurance account: Provided, That none of the funds made
available in any other paragraph of this Act may be transferred to the
Office; used to carry out any such transfer; used to provide any office
space, equipment, office supplies, communications facilities or
services, maintenance services, or administrative services for the
Office; used to pay any salary, benefit, or award for any personnel of
the Office; used to pay any other operating expense of the Office; or
used to reimburse the Office for any service provided, or expense
incurred, by the Office.
[[Page 113 STAT. 1501A-271]]
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance and the
Federal Disability Insurance trust funds, as provided under sections
201(m), 228(g), and 1131(b)(2) of the Social Security Act, $20,764,000.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, $383,638,000, to remain available until expended.
For making, after July 31 of the current fiscal year, benefit
payments to individuals under title IV of the Federal Mine Safety and
Health Act of 1977, for costs incurred in the current fiscal year, such
amounts as may be necessary.
For making benefit payments under title IV of the Federal Mine
Safety and Health Act of 1977 for the first quarter of fiscal year 2001,
$124,000,000, to remain available until expended.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$21,503,085,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury.
From funds provided under the previous paragraph, not less than
$100,000,000 shall be available for payment to the Social Security trust
funds for administrative expenses for conducting continuing disability
reviews.
In addition, $200,000,000, to remain available until September 30,
2001, for payment to the Social Security trust funds for administrative
expenses for continuing disability reviews as authorized by section 103
of Public Law 104-121 and section 10203 of Public Law 105-33. The term
``continuing disability reviews'' means reviews and redeterminations as
defined under section 201(g)(1)(A) of the Social Security Act, as
amended.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2001, $9,890,000,000, to remain
available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $10,000 for official reception and
representation expenses, not more than $6,111,871,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to therein: Provided, That not
less than $1,800,000 shall be for the Social
[[Page 113 STAT. 1501A-272]]
Security Advisory Board: Provided further, That unobligated balances at
the end of fiscal year 2000 not needed for fiscal year 2000 shall remain
available until expended to invest in the Social Security Administration
computing network, including related equipment and non-payroll
administrative expenses associated solely with this network: Provided
further, That reimbursement to the trust funds under this heading for
expenditures for official time for employees of the Social Security
Administration pursuant to section 7131 of title 5, United States Code,
and for facilities or support services for labor organizations pursuant
to policies, regulations, or procedures referred to in section 7135(b)
of such title shall be made by the Secretary of the Treasury, with
interest, from amounts in the general fund not otherwise appropriated,
as soon as possible after such expenditures are made.
From funds provided under the previous paragraph, notwithstanding
the provision under this heading in Public Law 105-277 regarding
unobligated balances at the end of fiscal year 1999 not needed for such
fiscal year, an amount not to exceed $100,000,000 from such unobligated
balances shall, in addition to funding already available under this
heading for fiscal year 2000, be available for necessary expenses.
From funds provided under the first paragraph, not less than
$200,000,000 shall be available for conducting continuing disability
reviews.
In addition to funding already available under this heading, and
subject to the same terms and conditions, $405,000,000, to remain
available until September 30, 2001, for continuing disability reviews as
authorized by section 103 of Public Law 104-121 and section 10203 of
Public Law 105-33. The term ``continuing disability reviews'' means
reviews and redeterminations as defined under section 201(g)(1)(A) of
the Social Security Act, as amended.
In addition, $80,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such section 1616(d) or 212(b)(3) in
fiscal year 2000 exceed $80,000,000, the amounts shall be available in
fiscal year 2001 only to the extent provided in advance in
appropriations Acts.
From amounts previously made available under this heading for a
state-of-the-art computing network, not to exceed $100,000,000 shall be
available for necessary expenses under this heading, subject to the same
terms and conditions.
From funds provided under the first paragraph, the Commissioner of
Social Security may direct up to $3,000,000, in addition to funds
previously appropriated for this purpose, to continue Federal-State
partnerships which will evaluate means to promote Medicare buy-in
programs targeted to elderly and disabled individuals under titles XVIII
and XIX of the Social Security Act.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $15,000,000, together with not to exceed
[[Page 113 STAT. 1501A-273]]
$51,000,000, to be transferred and expended as authorized by section
201(g)(1) of the Social Security Act from the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability Insurance
Trust Fund.
In addition, an amount not to exceed 3 percent of the total provided
in this appropriation may be transferred from the ``Limitation on
Administrative Expenses'', Social Security Administration, to be merged
with this account, to be available for the time and purposes for which
this account is available: Provided, That notice of such transfers shall
be transmitted promptly to the Committees on Appropriations of the House
and Senate.
United States Institute of Peace
operating expenses
For necessary expenses of the United States Institute of Peace as
authorized in the United States Institute of Peace Act, $13,000,000.
TITLE V--GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act: Provided, That such transferred balances are used
for the same purpose, and for the same periods of time, for which they
were originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for the
preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to
support or defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any State
legislature itself.
(b) No part of any appropriation contained in this Act shall be used
to pay the salary or expenses of any grant or contract recipient, or
agent acting for such recipient, related to any activity designed to
influence legislation or appropriations pending before the Congress or
any State legislature.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $20,000 and $15,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is authorized
to make available for official reception and representation expenses not
to exceed $2,500 from the funds available for ``Salaries and expenses,
Federal Mediation and Conciliation Service''; and the Chairman of the
National Mediation Board is authorized to make available for official
reception and representation expenses not to exceed $2,500 from funds
available for ``Salaries and expenses, National Mediation Board''.
Sec. 505. Notwithstanding any other provision of this Act, no funds
appropriated under this Act shall be used to carry out
[[Page 113 STAT. 1501A-274]]
any program of distributing sterile needles or syringes for the
hypodermic injection of any illegal drug.
Sec. 506. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 507. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state: (1) the percentage of the total costs of
the program or project which will be financed with Federal money; (2)
the dollar amount of Federal funds for the project or program; and (3)
percentage and dollar amount of the total costs of the project or
program that will be financed by non-governmental sources.
Sec. 508. (a) None of the funds appropriated under this Act, and
none of the funds in any trust fund to which funds are appropriated
under this Act, shall be expended for any abortion.
(b) None of the funds appropriated under this Act, and none of the
funds in any trust fund to which funds are appropriated under this Act,
shall be expended for health benefits coverage that includes coverage of
abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 509. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
[[Page 113 STAT. 1501A-275]]
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
Sec. 510. (a) None of the funds made available in this Act may be
used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.208(a)(2) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo or
embryos'' includes any organism, not protected as a human subject under
45 CFR 46 as of the date of the enactment of this Act, that is derived
by fertilization, parthenogenesis, cloning, or any other means from one
or more human gametes or human diploid cells.
Sec. 511. (a) Limitation on Use of Funds for Promotion of
Legalization of Controlled Substances.--None of the funds made available
in this Act may be used for any activity that promotes the legalization
of any drug or other substance included in schedule I of the schedules
of controlled substances established by section 202 of the Controlled
Substances Act (21 U.S.C. 812).
(b) Exceptions.--The limitation in subsection (a) shall not apply
when there is significant medical evidence of a therapeutic advantage to
the use of such drug or other substance or that federally sponsored
clinical trials are being conducted to determine therapeutic advantage.
Sec. 512. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d) of
title 38, United States Code, regarding submission of an annual
report to the Secretary of Labor concerning employment of
certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such requirement
was applicable to such entity.
Sec. 513. Except as otherwise specifically provided by law,
unobligated balances remaining available at the end of fiscal year 2000
from appropriations made available for salaries and expenses for fiscal
year 2000 in this Act, shall remain available through December 31, 2000,
for each such account for the purposes authorized: Provided, That the
House and Senate Committees on Appropriations shall be notified at least
15 days prior to the obligation of such funds.
Sec. 514. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing
for the assignment of, a unique health identifier for an individual
(except in an individual's capacity as an employer
[[Page 113 STAT. 1501A-276]]
or a health care provider), until legislation is enacted specifically
approving the standard.
Sec. 515. Section 520(c)(2)(D) of the Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations
Act, 1997, as amended, is further amended by striking ``December 31,
1997'' and inserting ``March 31, 2000''.
Sec. 516. The United States-Mexico Border Health Commission Act (22
U.S.C. 290n et seq.) is amended--
(1) by striking section 2 and inserting the following:
``SEC. 2. APPOINTMENT OF MEMBERS OF BORDER HEALTH COMMISSION.
``Not later than 30 days after the date of the enactment of this
section, the President shall appoint the United States members of the
United States-Mexico Border Health Commission, and shall attempt to
conclude an agreement with Mexico providing for the establishment of
such Commission.''; and
(2) in section 3--
(A) in paragraph (1), by striking the semicolon and
inserting ``; and'';
(B) in paragraph (2)(B), by striking ``; and'' and
inserting a period; and
(C) by striking paragraph (3).
Sec. 517. The applicable time limitations with respect to the giving
of notice of injury and the filing of a claim for compensation for
disability or death by an individual under the Federal Employees'
Compensation Act, as amended, for injuries sustained as a result of the
person's exposure to a nitrogen or sulfur mustard agent in the
performance of official duties as an employee at the Department of the
Army's Edgewood Arsenal before March 20, 1944, shall not begin to run
until the date of the enactment of this Act.
Sec. 518. Section 169(d)(2)(B) of Public Law 105-220, the Workforce
Investment Act of 1998, is amended by striking ``or Alaska Native
villages or Native groups (as such terms are defined in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602)).'' and inserting
``or Alaska Natives.''.
TITLE VI--EARLY DETECTION, DIAGNOSIS, AND INTERVENTIONS FOR NEWBORNS AND
INFANTS WITH HEARING LOSS
Sec. 601. (a) Definitions.--For the purposes of this section only,
the following terms in this section are defined as follows:
(1) Hearing screening.--Newborn and infant hearing screening
consists of objective physiologic procedures to detect possible
hearing loss and to identify newborns and infants who, after
rescreening, require further audiologic and medical evaluations.
(2) Audiologic evaluation.--Audiologic evaluation consists
of procedures to assess the status of the auditory system; to
establish the site of the auditory disorder; the type and degree
of hearing loss, and the potential effects of hearing loss on
communication; and to identify appropriate treatment and
referral options. Referral options should include linkage to
State IDEA part C coordinating agencies or other appropriate
agencies, medical evaluation, hearing aid/sensory aid
assessment, audiologic rehabilitation treatment, national and
local
[[Page 113 STAT. 1501A-277]]
consumer, self-help, parent, and education organizations, and
other family-centered services.
(3) Medical evaluation.--Medical evaluation by a physician
consists of key components including history, examination, and
medical decision making focused on symptomatic and related body
systems for the purpose of diagnosing the etiology of hearing
loss and related physical conditions, and for identifying
appropriate treatment and referral options.
(4) Medical intervention.--Medical intervention is the
process by which a physician provides medical diagnosis and
direction for medical and/or surgical treatment options of
hearing loss and/or related medical disorder associated with
hearing loss.
(5) Audiologic rehabilitation.--Audiologic rehabilitation
(intervention) consists of procedures, techniques, and
technologies to facilitate the receptive and expressive
communication abilities of a child with hearing loss.
(6) Early intervention.--Early intervention (e.g.,
nonmedical) means providing appropriate services for the child
with hearing loss and ensuring that families of the child are
provided comprehensive, consumer-oriented information about the
full range of family support, training, information services,
communication options and are given the opportunity to consider
the full range of educational and program placements and options
for their child.
(b) Purposes.--The purposes of this section are to clarify the
authority within the Public Health Service Act to authorize statewide
newborn and infant hearing screening, evaluation and intervention
programs and systems, technical assistance, a national applied research
program, and interagency and private sector collaboration for policy
development, in order to assist the States in making progress toward the
following goals:
(1) All babies born in hospitals in the United States and
its territories should have a hearing screening before leaving
the birthing facility. Babies born in other countries and
residing in the United States via immigration or adoption should
have a hearing screening as early as possible.
(2) All babies who are not born in hospitals in the United
States and its territories should have a hearing screening
within the first 3 months of life.
(3) Appropriate audiologic and medical evaluations should be
conducted by 3 months for all newborns and infants suspected of
having hearing loss to allow appropriate referral and provisions
for audiologic rehabilitation, medical and early intervention
before the age of 6 months.
(4) All newborn and infant hearing screening programs and
systems should include a component for audiologic
rehabilitation, medical and early intervention options that
ensures linkage to any new and existing statewide systems of
intervention and rehabilitative services for newborns and
infants with hearing loss.
(5) Public policy in regard to newborn and infant hearing
screening and intervention should be based on applied research
and the recognition that newborns, infants, toddlers, and
children who are deaf or hard-of-hearing have unique language,
learning, and communication needs, and should be the result of
consultation with pertinent public and private sectors.
[[Page 113 STAT. 1501A-278]]
(c) Statewide Newborn and Infant Hearing Screening, Evaluation and
Intervention Programs and Systems.--Under the existing authority of the
Public Health Service Act, the Secretary of Health and Human Services
(in this section referred to as the ``Secretary''), acting through the
Administrator of the Health Resources and Services Administration, shall
make awards of grants or cooperative agreements to develop statewide
newborn and infant hearing screening, evaluation and intervention
programs and systems for the following purposes:
(1) To develop and monitor the efficacy of statewide newborn
and infant hearing screening, evaluation and intervention
programs and systems. Early intervention includes referral to
schools and agencies, including community, consumer, and parent-
based agencies and organizations and other programs mandated by
part C of the Individuals with Disabilities Education Act, which
offer programs specifically designed to meet the unique language
and communication needs of deaf and hard-of-hearing newborns,
infants, toddlers, and children.
(2) To collect data on statewide newborn and infant hearing
screening, evaluation and intervention programs and systems that
can be used for applied research, program evaluation and policy
development.
(d) Technical Assistance, Data Management, and Applied Research.--
(1) Centers for disease control and prevention.--Under the
existing authority of the Public Health Service Act, the
Secretary, acting through the Director of the Centers for
Disease Control and Prevention, shall make awards of grants or
cooperative agreements to provide technical assistance to State
agencies to complement an intramural program and to conduct
applied research related to newborn and infant hearing
screening, evaluation and intervention programs and systems. The
program shall develop standardized procedures for data
management and program effectiveness and costs, such as--
(A) to ensure quality monitoring of newborn and
infant hearing loss screening, evaluation, and
intervention programs and systems;
(B) to provide technical assistance on data
collection and management;
(C) to study the costs and effectiveness of newborn
and infant hearing screening, evaluation and
intervention programs and systems conducted by State-
based programs in order to answer issues of importance
to State and national policymakers;
(D) to identify the causes and risk factors for
congenital hearing loss;
(E) to study the effectiveness of newborn and infant
hearing screening, audiologic and medical evaluations
and intervention programs and systems by assessing the
health, intellectual and social developmental,
cognitive, and language status of these children at
school age; and
(F) to promote the sharing of data regarding early
hearing loss with State-based birth defects and
developmental disabilities monitoring programs for the
purpose of identifying previously unknown causes of
hearing loss.
(2) National institutes of health.--Under the existing
authority of the Public Health Service Act, the Director of
[[Page 113 STAT. 1501A-279]]
the National Institutes of Health, acting through the Director
of the National Institute on Deafness and Other Communication
Disorders, shall for purposes of this section, continue a
program of research and development on the efficacy of new
screening techniques and technology, including clinical studies
of screening methods, studies on efficacy of intervention, and
related research.
(e) Coordination and Collaboration.--
(1) In general.--Under the existing authority of the Public
Health Service Act, in carrying out programs under this section,
the Administrator of the Health Resources and Services
Administration, the Director of the Centers for Disease Control
and Prevention, and the Director of the National Institutes of
Health shall collaborate and consult with other Federal
agencies; State and local agencies, including those responsible
for early intervention services pursuant to title XIX of the
Social Security Act (Medicaid Early and Periodic Screening,
Diagnosis and Treatment Program); title XXI of the Social
Security Act (State Children's Health Insurance Program); title
V of the Social Security Act (Maternal and Child Health Block
Grant Program); and part C of the Individuals with Disabilities
Education Act; consumer groups of and that serve individuals who
are deaf and hard-of-hearing and their families; appropriate
national medical and other health and education specialty
organizations; persons who are deaf and hard-of-hearing and
their families; other qualified professional personnel who are
proficient in deaf or hard-of-hearing children's language and
who possess the specialized knowledge, skills, and attributes
needed to serve deaf and hard-of-hearing newborns, infants,
toddlers, children, and their families; third-party payers and
managed care organizations; and related commercial industries.
(2) Policy development.--Under the existing authority of the
Public Health Service Act, the Administrator of the Health
Resources and Services Administration, the Director of the
Centers for Disease Control and Prevention, and the Director of
the National Institutes of Health shall coordinate and
collaborate on recommendations for policy development at the
Federal and State levels and with the private sector, including
consumer, medical and other health and education professional-
based organizations, with respect to newborn and infant hearing
screening, evaluation and intervention programs and systems.
(3) State early detection, diagnosis, and intervention
programs and systems; data collection.--Under the existing
authority of the Public Health Service Act, the Administrator of
the Health Resources and Services Administration and the
Director of the Centers for Disease Control and Prevention shall
coordinate and collaborate in assisting States to establish
newborn and infant hearing screening, evaluation and
intervention programs and systems under subsection (c) and to
develop a data collection system under subsection (d).
(f ) Rule of Construction.--Nothing in this section shall be
construed to preempt any State law.
(g) Authorization of Appropriations.--
(1) Statewide newborn and infant hearing screening,
evaluation and intervention programs and systems.--For
[[Page 113 STAT. 1501A-280]]
the purpose of carrying out subsection (c) under the existing
authority of the Public Health Service Act, there are authorized
to the Health Resources and Services Administration
appropriations in the amount of $5,000,000 for fiscal year 2000,
$8,000,000 for fiscal year 2001, and such sums as may be
necessary for fiscal year 2002.
(2) Technical assistance, data management, and applied
research; centers for disease control and prevention.--For the
purpose of carrying out subsection (d)(1) under the existing
authority of the Public Health Service Act, there are authorized
to the Centers for Disease Control and Prevention,
appropriations in the amount of $5,000,000 for fiscal year 2000,
$7,000,000 for fiscal year 2001, and such sums as may be
necessary for fiscal year 2002.
(3) Technical assistance, data management, and applied
research; national institute on deafness and other communication
disorders.--For the purpose of carrying out subsection (d)(2)
under the existing authority of the Public Health Service Act,
there are authorized to the National Institute on Deafness and
Other Communication Disorders appropriations for such sums as
may be necessary for each of the fiscal years 2000 through 2002.
TITLE VII--DENALI COMMISSION
Sec. 701. Denali Commission.--Section 307 of Title III--Denali
Commission of Division C--Other Matters of Public Law 105-277 is amended
by adding a new subsection at the end thereof as follows:
``(c) Demonstration Health Projects.--In order to demonstrate the
value of adequate health facilities and services to the economic
development of the region, the Secretary of Health and Human Services is
authorized to make grants to the Denali Commission to plan, construct,
and equip demonstration health, nutrition, and child care projects,
including hospitals, health care clinics, and mental health facilities
(including drug and alcohol treatment centers) in accordance with the
Work Plan referred to under section 304 of Title III--Denali Commission
of Division C--Other Matters of Public Law 105-277. No grant for
construction or equipment of a demonstration project shall exceed 50
percentum of such costs, unless the project is located in a severely
economically distressed community, as identified in the Work Plan
referred to under section 304 of Title III--Denali Commission of
Division C--Other Matters of Public Law 105-277, in which case no grant
shall exceed 80 percentum of such costs. To carry out this section,
there is authorized to be appropriated such sums as may be necessary.
TITLE VIII--WELFARE-TO-WORK AND CHILD SUPPORT AMENDMENTS OF 1999
SEC. 801. FLEXIBILITY IN ELIGIBILITY FOR PARTICIPATION IN WELFARE-TO-
WORK PROGRAM.
(a) In General.--Section 403(a)(5)(C)(ii) of the Social Security Act
(42 U.S.C. 603(a)(5)(C)(ii)) is amended to read as follows:
[[Page 113 STAT. 1501A-281]]
``(ii) General eligibility.--An entity that
operates a project with funds provided under this
paragraph may expend funds provided to the project
for the benefit of recipients of assistance under
the program funded under this part of the State in
which the entity is located who--
``(I) has received assistance under
the State program funded under this part
(whether in effect before or after the
amendments made by section 103 of the
Personal Responsibility and Work
Opportunity Reconciliation Act of 1996
first apply to the State) for at least
30 months (whether or not consecutive);
or
``(II) within 12 months, will become
ineligible for assistance under the
State program funded under this part by
reason of a durational limit on such
assistance, without regard to any
exemption provided pursuant to section
408(a)(7)(C) that may apply to the
individual.''.
(b) Noncustodial Parents.--
(1) In general.--Section 403(a)(5)(C) of such Act (42 U.S.C.
603(a)(5)(C)) is amended--
(A) by redesignating clauses (iii) through (viii) as
clauses (iv) through (ix), respectively; and
(B) by inserting after clause (ii) the following:
``(iii) Noncustodial parents.--An entity that
operates a project with funds provided under this
paragraph may use the funds to provide services in
a form described in clause (i) to noncustodial
parents with respect to whom the requirements of
the following subclauses are met:
``(I) The noncustodial parent is
unemployed, underemployed, or having
difficulty in paying child support
obligations.
``(II) At least 1 of the following
applies to a minor child of the
noncustodial parent (with preference in
the determination of the noncustodial
parents to be provided services under
this paragraph to be provided by the
entity to those noncustodial parents
with minor children who meet, or who
have custodial parents who meet, the
requirements of item (aa)):
``(aa) The minor child or
the custodial parent of the
minor child meets the
requirements of subclause (I) or
(II) of clause (ii).
``(bb) The minor child is
eligible for, or is receiving,
benefits under the program
funded under this part.
``(cc) The minor child
received benefits under the
program funded under this part
in the 12-month period preceding
the date of the determination
but no longer receives such
benefits.
``(dd) The minor child is
eligible for, or is receiving,
assistance under the Food Stamp
Act of 1977, benefits under the
supplemental security income
program under title XVI of
[[Page 113 STAT. 1501A-282]]
this Act, medical assistance
under title XIX of this Act, or
child health assistance under
title XXI of this Act.
``(III) In the case of a
noncustodial parent who becomes enrolled
in the project on or after the date of
the enactment of this clause, the
noncustodial parent is in compliance
with the terms of an oral or written
personal responsibility contract entered
into among the noncustodial parent, the
entity, and (unless the entity
demonstrates to the Secretary that the
entity is not capable of coordinating
with such agency) the agency responsible
for administering the State plan under
part D, which was developed taking into
account the employment and child support
status of the noncustodial parent, which
was entered into not later than 30 (or,
at the option of the entity, not later
than 90) days after the noncustodial
parent was enrolled in the project, and
which, at a minimum, includes the
following:
``(aa) A commitment by the
noncustodial parent to
cooperate, at the earliest
opportunity, in the
establishment of the paternity
of the minor child, through
voluntary acknowledgement or
other procedures, and in the
establishment of a child support
order.
``(bb) A commitment by the
noncustodial parent to cooperate
in the payment of child support
for the minor child, which may
include a modification of an
existing support order to take
into account the ability of the
noncustodial parent to pay such
support and the participation of
such parent in the project.
``(cc) A commitment by the
noncustodial parent to
participate in employment or
related activities that will
enable the noncustodial parent
to make regular child support
payments, and if the
noncustodial parent has not
attained 20 years of age, such
related activities may include
completion of high school, a
general equivalency degree, or
other education directly related
to employment.
``(dd) A description of the
services to be provided under
this paragraph, and a commitment
by the noncustodial parent to
participate in such services,
that are designed to assist the
noncustodial parent obtain and
retain employment, increase
earnings, and enhance the
financial and emotional
contributions to the well-being
of the minor child.
In order to protect custodial parents
and children who may be at risk of
domestic violence, the preceding
provisions of this subclause shall not
be construed to affect any other
provision of law requiring a custodial
parent to cooperate in establishing the
paternity of a child or establishing or
enforcing a support order with respect
to a
[[Page 113 STAT. 1501A-283]]
child, or entitling a custodial parent
to refuse, for good cause, to provide
such cooperation as a condition of
assistance or benefit under any program,
shall not be construed to require such
cooperation by the custodial parent as a
condition of participation of either
parent in the program authorized under
this paragraph, and shall not be
construed to require a custodial parent
to cooperate with or participate in any
activity under this clause. The entity
operating a project under this clause
with funds provided under this paragraph
shall consult with domestic violence
prevention and intervention
organizations in the development of the
project.''.
(2) Conforming amendment.--Section 412(a)(3)(C)(ii) of such
Act (42 U.S.C. 612(a)(3)(C)(ii)) is amended by striking
``(vii)'' and inserting ``(viii)''.
(c) Recipients With Characteristics of Long-Term Dependency;
Children Aging Out of Foster Care.--
(1) In general.--Section 403(a)(5)(C)(iv) of such Act (42
U.S.C. 603(a)(5)(C)(iv)), as so redesignated by subsection
(b)(1)(A) of this section, is amended--
(A) by striking ``or'' at the end of subclause (I);
and
(B) by striking subclause (II) and inserting the
following:
``(II) to children--
``(aa) who have attained 18
years of age but not 25 years of
age; and
``(bb) who, before attaining
18 years of age, were recipients
of foster care maintenance
payments (as defined in section
475(4)) under part E or were in
foster care under the
responsibility of a State;
``(III) to recipients of assistance
under the State program funded under
this part, determined to have
significant barriers to self-
sufficiency, pursuant to criteria
established by the local private
industry council; or
``(IV) to custodial parents with
incomes below 100 percent of the poverty
line (as defined in section 673(2) of
the Omnibus Budget Reconciliation Act of
1981, including any revision required by
such section, applicable to a family of
the size involved).''.
(2) Conforming amendments.--Section 403(a)(5)(C)(iv) of such
Act (42 U.S.C. 603(a)(5)(C)(iv)), as so redesignated by
subsection (b)(1)(A) of this section, is amended--
(A) in the heading by inserting ``hard to employ''
before ``individuals''; and
(B) in the last sentence by striking ``clause (ii)''
and inserting ``clauses (ii) and (iii) and, as
appropriate, clause (v)''.
(d) Conforming Amendment.--Section 404(k)(1)(C)(iii) of such Act (42
U.S.C. 604(k)(1)(C)(iii)) is amended by striking ``item (aa) or (bb) of
section 403(a)(5)(C)(ii)(II)'' and inserting ``section
403(a)(5)(C)(iii)''.
(e) Effective Date.--The amendments made by this section--
[[Page 113 STAT. 1501A-284]]
(1) shall be effective January 1, 2000, with respect to the
determination of eligible individuals for purposes of section
403(a)(5)(B) of the Social Security Act (relating to competitive
grants);
(2) shall be effective July 1, 2000, except that
expenditures from allotments to the States shall not be made
before October 1, 2000--
(A) with respect to the determination of eligible
individuals for purposes of section 403(a)(5)(A) of the
Social Security Act (relating to formula grants) in the
case of those individuals who may be determined to be so
eligible, but would not have been eligible before July
1, 2000; or
(B) for allowable activities described in section
403(a)(5)(C)(i)(VII) of the Social Security Act (as
added by section 802 of this title) provided to any
individuals determined to be eligible for purposes of
section 403(a)(5)(A) of the Social Security Act
(relating to formula grants).
(f) Regulations.--Interim final regulations shall be prescribed to
implement the amendments made by this section not later than January 1,
2000. Final regulations shall be prescribed within 90 days after the
date of the enactment of this Act to implement the amendments made by
this Act to section 403(a)(5) of the Social Security Act, in the same
manner as described in section 403(a)(5)(C)(ix) of the Social Security
Act (as so redesignated by subsection (b)(1)(A) of this section).
SEC. 802. LIMITED VOCATIONAL EDUCATIONAL AND JOB TRAINING INCLUDED AS
ALLOWABLE ACTIVITIES UNDER THE TANF PROGRAM.
Section 403(a)(5)(C)(i) of the Social Security Act (42 U.S.C.
603(a)(5)(C)(i)) is amended by inserting after subclause (VI) the
following:
``(VII) Not more than 6 months of
vocational educational or job
training.''.
SEC. 803. CERTAIN GRANTEES AUTHORIZED TO PROVIDE EMPLOYMENT SERVICES
DIRECTLY.
Section 403(a)(5)(C)(i)(IV) of the Social Security Act (42 U.S.C.
603(a)(5)(C)(i)(IV)) is amended by inserting ``, or if the entity is not
a private industry council or workforce investment board, the direct
provision of such services'' before the period.
SEC. 804. SIMPLIFICATION AND COORDINATION OF REPORTING REQUIREMENTS.
(a) Elimination of Current Requirements.--Section 411(a)(1)(A) of
the Social Security Act (42 U.S.C. 611(a)(1)(A)) is amended--
(1) in the matter preceding clause (i), by inserting
``(except for information relating to activities carried out
under section 403(a)(5))'' after ``part''; and
(2) by striking clause (xviii).
(b) Establishment of Reporting Requirement.--Section 403(a)(5)(C) of
the Social Security Act (42 U.S.C. 603(a)(5)(C)), as amended by section
801(b)(1) of this title, is amended by adding at the end the following:
``(x) Reporting requirements.--The Secretary
of Labor, in consultation with the Secretary of
Health and Human Services, States, and
organizations that
[[Page 113 STAT. 1501A-285]]
represent State or local governments, shall
establish requirements for the collection and
maintenance of financial and participant
information and the reporting of such information
by entities carrying out activities under this
paragraph.''.
SEC. 805. USE OF STATE INFORMATION TO AID ADMINISTRATION OF WELFARE-TO-
WORK GRANT FUNDS.
(a) Authority of State Agencies to Disclose to Private Industry
Councils the Names, Addressess, and Telephone Numbers of Potential
Welfare-to-Work Program Participants.--
(1) State iv-d agencies.--Section 454A(f) of the Social
Security Act (42 U.S.C. 654a(f)) is amended by adding at the end
the following:
``(5) Private industry councils receiving welfare-to-work
grants.--Disclosing to a private industry council (as defined in
section 403(a)(5)(D)(ii)) to which funds are provided under
section 403(a)(5) the names, addresses, telephone numbers, and
identifying case number information in the State program funded
under part A, of noncustodial parents residing in the service
delivery area of the private industry council, for the purpose
of identifying and contacting noncustodial parents regarding
participation in the program under section 403(a)(5).''.
(2) State tanf agencies.--Section 403(a)(5) of such Act (42
U.S.C. 603(a)(5)) is amended by adding at the end the following:
``(K) Information disclosure.--If a State to which a
grant is made under section 403 establishes safeguards
against the use or disclosure of information about
applicants or recipients of assistance under the State
program funded under this part, the safeguards shall not
prevent the State agency administering the program from
furnishing to a private industry council the names,
addresses, telephone numbers, and identifying case
number information in the State program funded under
this part, of noncustodial parents residing in the
service delivery area of the private industry council,
for the purpose of identifying and contacting
noncustodial parents regarding participation in the
program under this paragraph.''.
(b) Safeguarding of Information Disclosed to Private Industry
Councils.--Section 403(a)(5)(A)(ii)(I) of such Act (42 U.S.C.
603(a)(5)(A)(ii)(I)) is amended--
(1) by striking ``and'' at the end of item (dd);
(2) by striking the period at the end of item (ee) and
inserting ``; and''; and
(3) by adding at the end the following:
``(ff) describes how the
State will ensure that a private
industry council to which
information is disclosed
pursuant to section 403(a)(5)(K)
or 454A(f)(5) has procedures for
safeguarding the information and
for ensuring that the
information is used solely for
the purpose described in that
section.''.
[[Page 113 STAT. 1501A-286]]
SEC. 806. REDUCTION OF SET-ASIDE OF PORTION OF WELFARE-TO-WORK FUNDS FOR
SUCCESSFUL PERFORMANCE BONUS.
(a) In General.--Section 403(a)(5)(E) of the Social Security Act (42
U.S.C. 603(a)(5)(E)) is amended in each of clauses (iv) and (vi) by
striking ``$100,000,000'' and inserting ``$50,000,000''.
(b) Conforming Amendments.--
(1) Section 403(a)(5)(F) of such Act (42 U.S.C.
603(a)(5)(F)) is amended by inserting ``$1,500,000'' before ``of
the amount so specified''.
(2) Section 403(a)(5)(G) of such Act (42 U.S.C.
603(a)(5)(G)) is amended by inserting ``$900,000'' before ``of
the amount so specified''.
(3) Section 403(a)(5)(H) of such Act (42 U.S.C.
603(a)(5)(H)) is amended by inserting ``$300,000'' before ``of
the amount so specified''.
(4) Section 403(a)(5)(I)(i) of such Act (42 U.S.C.
603(a)(5)(I)(i)) is amended by striking ``$1,500,000,000'' and
all that follows and inserting ``for grants under this
paragraph--
``(I) $1,500,000,000 for fiscal year
1998; and
``(II) $1,450,000,000 for fiscal
year 1999.''.
(c) No Outlay Until FY2001.--Section 403(a)(5)(E)(i) of such Act (42
U.S.C. 603(a)(5)(E)(i)) is amended--
(1) by striking ``make'' and insert ``award''; and
(2) by inserting ``, but shall not make any outlay to pay
any such grant before October 1, 2000'' before the period.
SEC. 807. ALTERNATIVE PENALTY PROCEDURE RELATING TO STATE DISBURSEMENT
UNITS.
(a) In General.--Section 455(a) of the Social Security Act (42
U.S.C. 655(a)) is amended by adding at the end the following:
``(5)(A)(i) If--
``(I) the Secretary determines that a State plan under
section 454 would (in the absence of this paragraph) be
disapproved for the failure of the State to comply with
subparagraphs (A) and (B)(i) of section 454(27), and that the
State has made and is continuing to make a good faith effort to
so comply; and
``(II) the State has submitted to the Secretary, not later
than April 1, 2000, a corrective compliance plan that describes
how, by when, and at what cost the State will achieve such
compliance, which has been approved by the Secretary,
then the Secretary shall not disapprove the State plan under section
454, and the Secretary shall reduce the amount otherwise payable to the
State under paragraph (1)(A) of this subsection for the fiscal year by
the penalty amount.
``(ii) All failures of a State during a fiscal year to comply with
any of the requirements of section 454B shall be considered a single
failure of the State to comply with subparagraphs (A) and (B)(i) of
section 454(27) during the fiscal year for purposes of this paragraph.
``(B) In this paragraph:
``(i) The term `penalty amount' means, with respect to a
failure of a State to comply with subparagraphs (A) and (B)(i)
of section 454(27)--
``(I) 4 percent of the penalty base, in the case of
the 1st fiscal year in which such a failure by the State
occurs (regardless of whether a penalty is imposed in
that fiscal
[[Page 113 STAT. 1501A-287]]
year under this paragraph with respect to the failure),
except as provided in subparagraph (C)(ii) of this
paragraph;
``(II) 8 percent of the penalty base, in the case of
the 2nd such fiscal year;
``(III) 16 percent of the penalty base, in the case
of the 3rd such fiscal year;
``(IV) 25 percent of the penalty base, in the case
of the 4th such fiscal year; or
``(V) 30 percent of the penalty base, in the case of
the 5th or any subsequent such fiscal year.
``(ii) The term `penalty base' means, with respect to a
failure of a State to comply with subparagraphs (A) and (B)(i)
of section 454(27) during a fiscal year, the amount otherwise
payable to the State under paragraph (1)(A) of this subsection
for the preceding fiscal year.
``(C)(i) The Secretary shall waive all penalties imposed against a
State under this paragraph for any failure of the State to comply with
subparagraphs (A) and (B)(i) of section 454(27) if the Secretary
determines that, before April 1, 2000, the State has achieved such
compliance.
``(ii) If a State with respect to which a reduction is required to
be made under this paragraph with respect to a failure to comply with
subparagraphs (A) and (B)(i) of section 454(27) achieves such compliance
on or after April 1, 2000, and on or before September 30, 2000, then the
penalty amount applicable to the State shall be 1 percent of the penalty
base with respect to the failure involved.
``(D) The Secretary may not impose a penalty under this paragraph
against a State for a fiscal year for which the amount otherwise payable
to the State under paragraph (1)(A) of this subsection is reduced under
paragraph (4) of this subsection for failure to comply with section
454(24)(A).''.
(b) Inapplicability of Penalty Under TANF Program.--Section
409(a)(8)(A)(i)(III) of such Act (42 U.S.C. 609(a)(8)(A)(i)(III)) is
amended by striking ``section 454(24)'' and inserting ``paragraph (24),
or subparagraph (A) or (B)(i) of paragraph (27), of section 454''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 1999.
This Act may be cited as the ``Departments of Labor, Health, and
Human Services, and Education, and Related Agencies Appropriations Act,
2000''.
[[Page 113 STAT. 1501A-289]]
APPENDIX E--H.R. 3425
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2000, and for other purposes, namely:
TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Farm Service Agency
agricultural credit insurance fund program account
For additional gross obligations for the principal amount of direct
and guaranteed loans as authorized by 7 U.S.C. 1928-1929, to be
available from funds in the Agricultural Credit Insurance Fund to meet
the needs resulting from natural disasters, as follows: farm ownership
loans, $590,578,000, of which $568,627,000 shall be for guaranteed
loans; operating loans, $1,404,716,000, of which $302,158,000 shall be
for unsubsidized guaranteed loans and $702,558,000 shall be for
subsidized guaranteed loans; and for emergency loans, $547,000,000.
For the additional cost of direct and guaranteed loans to meet the
needs resulting from natural disasters, including the cost of modifying
loans as defined in section 502 of the Congressional Budget Act of 1974,
to remain available until expended, as follows: farm ownership loans,
$4,012,000, of which $3,184,000 shall be for guaranteed loans; operating
loans, $89,596,000, of which $4,260,000 shall be for unsubsidized
guaranteed loans and $61,895,000 shall be for subsidized guaranteed
loans; and for emergency loans, $84,949,000.
emergency conservation program
For an additional amount for the ``Emergency Conservation Program''
for expenses resulting from natural disasters, $50,000,000, to remain
available until expended.
Commodity Credit Corporation Fund
crop loss assistance
For an additional amount for crop loss assistance authorized by
section 801 of Public Law 106-78, $186,000,000: Provided, That this
assistance shall be under the same terms and conditions as in section
801 of Public Law 106-78.
[[Page 113 STAT. 1501A-290]]
specialty crop assistance
For an additional amount for specialty crop assistance authorized by
section 803(c)(1) of Public Law 106-78, $2,800,000: Provided, That the
definition of eligible persons in section 803(c)(2) of Public Law 106-78
shall include producers who have suffered quality or quantity losses due
to natural disasters on crops harvested and placed in a warehouse and
not sold.
livestock assistance
For an additional amount for livestock assistance authorized by
section 805 of Public Law 106-78, $10,000,000: Provided, That the
Secretary of Agriculture may use this additional amount to provide
assistance to persons who raise livestock owned by other persons for
income losses sustained with respect to livestock during 1999 if the
Secretary finds that such losses are the result of natural disasters.
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and Flood Prevention
Operations'' to repair damages to the waterways and watersheds resulting
from natural disasters, $80,000,000, to remain available until expended.
Rural Housing Service
rural housing insurance fund program account
For additional gross obligations for the principal amount of direct
loans as authorized by title V of the Housing Act of 1949, to be
available from funds in the rural housing insurance fund to meet the
needs resulting from natural disasters, as follows: $50,000,000 for
loans to section 502 borrowers, as determined by the Secretary;
$15,000,000 for section 504 housing repair loans; and $5,000,000 for
section 514 farm labor housing.
For the additional cost of direct loans to meet the needs resulting
from natural disasters, including the cost of modifying loans, as
defined in section 502 of the Congressional Budget Act of 1974, to
remain available until expended, as follows: section 502 loans,
$4,265,000; section 504 loans, $4,584,000; and section 514 farm labor
housing, $2,250,000.
rural housing assistance grants
For the additional cost of grants and contracts for domestic farm
labor and very low-income housing repair made available by the Rural
Housing Service, as authorized by 42 U.S.C. 1474 and 1486, to meet the
needs resulting from natural disasters, $14,500,000, to remain available
until expended.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 101. Notwithstanding section 196 of the Agricultural Market
Transition Act (7 U.S.C. 7333), the Secretary of Agriculture shall
provide up to $20,000,000 in assistance under the noninsured
[[Page 113 STAT. 1501A-291]]
crop assistance program under that section, without any requirement for
an area loss, to producers located in a county with respect to which a
natural disaster was declared by the Secretary, or a major disaster or
emergency was declared by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
Sec. 102. Section 814 of Public Law 106-78 is amended by inserting
the following after ``year'': ``(and 2001 crop year for citrus fruit,
avocados in California, and macadamia nuts)''.
Sec. 103. Of the funds made available under section 802 of Public
Law 106-78 not otherwise needed to fully implement that section, the
Secretary of Agriculture may use up to $4,700,000 to carry out title IX
of Public Law 106-78.
Sec. 104. (a) Of the funds made available under section 802 of
Public Law 106-78 (excluding any funds authorized by this Act to carry
out title IX of Public Law 106-78) and under section 1111 of Public Law
105-277 not otherwise needed to fully implement those sections, the
Secretary of Agriculture may provide assistance to producers or first-
handlers for the 1999 crop of cottonseed.
(b) Of the funds made available under section 802 of Public Law 106-
78 and section 1111 of Public Law 105-277 not otherwise needed to fully
implement those sections (excluding any funds authorized by this Act to
carry out title IX and to provide assistance to producers or first-
handlers for the 1999 crop of cottonseed under subsection (a) of this
section), the Secretary may provide funds to carry out subsection (c) of
this section.
(c) The Agricultural Market Transition Act is amended by inserting
after section 136 (7 U.S.C. 7236), the following new section:
``SEC. 136A. SPECIAL COMPETITIVE PROVISIONS FOR EXTRA LONG STAPLE
COTTON.
``(a) Competitiveness Program.--Notwithstanding any other provision
of law, during the period beginning on October 1, 1999, and ending on
July 31, 2003, the Secretary shall carry out a program to maintain and
expand the domestic use of extra long staple cotton produced in the
United States, to increase exports of extra long staple cotton produced
in the United States, and to ensure that extra long staple cotton
produced in the United States remains competitive in world markets.
``(b) Payments Under Program; Trigger.--Under the program, the
Secretary shall make payments available under this section whenever--
``(1) for a consecutive 4-week period, the world market
price for the lowest priced competing growth of extra long
staple cotton (adjusted to United States quality and location
and for other factors affecting the competitiveness of such
cotton), as determined by the Secretary, is below the prevailing
United States price for a competing growth of extra long staple
cotton; and
``(2) the lowest priced competing growth of extra long
staple cotton (adjusted to United States quality and location
and for other factors affecting the competitiveness of such
cotton), as determined by the Secretary, is less than 134
percent of the loan rate for extra long staple cotton.
``(c) Eligible Recipients.--The Secretary shall make payments
available under this section to domestic users of extra long staple
[[Page 113 STAT. 1501A-292]]
cotton produced in the United States and exporters of extra long staple
cotton produced in the United States who enter into an agreement with
the Commodity Credit Corporation to participate in the program under
this section.
``(d) Payment Amount.--Payments under this section shall be based on
the amount of the difference in the prices referred to in subsection
(b)(1) during the fourth week of the consecutive 4-week period
multiplied by the amount of documented purchases by domestic users and
sales for export by exporters made in the week following such a
consecutive 4-week period.
``(e) Form of Payment.--Payments under this section shall be made
through the issuance of cash or marketing certificates, at the option of
eligible recipients of the payments.''.
Sec. 105. The entire amount necessary to carry out this chapter and
the amendments made by this chapter shall be available only to the
extent that an official budget request for the entire amount, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A) of such
Act.
CHAPTER 2
FEDERAL EMERGENCY MANAGEMENT AGENCY DISASTER RELIEF
Of the unobligated balances made available under the second
paragraph under the heading ``Federal Emergency Management Agency,
Disaster Relief'' in Public Law 106-74, in addition to other amounts
made available, up to $215,000,000 may be used by the Director of the
Federal Emergency Management Agency for the buyout of homeowners (or the
relocation of structures) for principal residences that have been made
uninhabitable by flooding caused by Hurricane Floyd and surrounding
events and are located in a 100-year floodplain: Provided, That no
homeowner may receive any assistance for buyouts in excess of the fair
market value of the residence on September 1, 1999 (reduced by any
proceeds from insurance or any other source paid or owed as a result of
the flood damage to the residence): Provided further, That each State
shall ensure that there is a contribution from non-Federal sources of
not less than 25 percent in matching funds (other than administrative
costs) for any funds allocated to the State for buyout assistance:
Provided further, That all buyouts under this section shall be subject
to the terms and conditions specified under 42 U.S.C. 5170c(b)(2)(B):
Provided further, That none of the funds made available for buyouts
under this paragraph may be used in any calculation of a State's section
404 allocation: Provided further, That the Director shall report
quarterly to the House and Senate Committees on Appropriations on the
use of all funds allocated under this paragraph and certify that the use
of all funds are consistent with all applicable laws and requirements:
Provided further, That the Inspector General for the Federal Emergency
Management Agency shall establish a task force to review all uses of
funds allocated under this paragraph to ensure compliance with all
applicable laws and requirements: Provided further, That no funds
[[Page 113 STAT. 1501A-293]]
shall be allocated for buyouts under this paragraph except in accordance
with regulations promulgated by the Director: Provided further, That the
Director shall promulgate regulations not later than December 31, 1999,
pertaining to the buyout program which shall include eligibility
criteria, procedures for prioritizing projects, requirements for the
submission of State and local buyout plans, an identification of the
Federal Emergency Management Agency's oversight responsibilities,
procedures for cost-benefit analysis, and the process for measuring
program results: Provided further, That the Director shall report to
Congress not later than December 31, 1999, on the feasibility and
justification of reducing buyout assistance to those who fail to
purchase and maintain flood insurance: Provided further, That the entire
amount shall be available only to the extent an official budget request,
that includes designation of the entire amount of the request as an
emergency requirement as defined by the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, is transmitted by the President
to the Congress: Provided further, That the entire amount is designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
TITLE II--OTHER APPROPRIATIONS MATTERS
Sec. 201. Section 733 of Public Law 106-78 is amended by striking
after ``Missouri'' ``, or the Food and Drug Administration Detroit,
Michigan, District Office Laboratory; or to reduce the Detroit,
Michigan, Food and Drug Administration District Office below the
operating and full-time equivalent staffing level of July 31, 1999; or
to change the Detroit District Office to a station, residence post or
similarly modified office; or to reassign residence posts assigned to
the Detroit District Office''.
Sec. 202. None of the funds made available to the Food and Drug
Administration by Public Law 106-78 or any other Act for fiscal year
2000 shall be used to reduce the Detroit, Michigan, Food and Drug
Administration District Office below the operating and full-time
equivalent staffing level of July 31, 1999; or to change the Detroit
District Office to a station, residence post or similarly modified
office; or to reassign residence posts assigned to the Detroit District
Office: Provided, That this section shall not apply to Food and Drug
Administration field laboratory facilities or operations currently
located in Detroit, Michigan, if the full-time equivalent staffing level
of laboratory personnel as of July 31, 1999, is assigned to locations in
the general vicinity of Detroit, Michigan, pursuant to cooperative
agreements between the Food and Drug Administration and other laboratory
facilities associated with the State of Michigan.
Sec. 203. Notwithstanding any other provision of law, the Secretary
of Agriculture may use funds provided for rural housing assistance
grants in Public Law 106-78 for a pilot project to provide home
ownership for farm workers and workers involved in the processing of
farm products in Salinas, California, and the surrounding area.
Sec. 204. Notwithstanding any other provision of law (including the
Federal Grants and Cooperative Agreements Act), the Secretary of
Agriculture shall use not more than $9,000,000 of Commodity Credit
Corporation funds for a cooperative program with the State
[[Page 113 STAT. 1501A-294]]
of Florida to replace commercial trees removed to control citrus canker
until the earlier of December 31, 1999, or the date crop insurance
coverage is made available with respect to citrus canker; and the
Secretary of Agriculture shall use not more than $7,000,000 of Commodity
Credit Corporation funds to replace non-commercial trees (known as
dooryard citrus trees), owned by private homeowners, and removed to
control citrus canker.
Sec. 205. (a) Continuation of Revenue Insurance Pilot.--Section
508(h)(9)(A) of the Federal Crop Insurance Act (7 U.S.C. 1508(h)(9)(A))
is amended by striking ``1997, 1998, 1999, and 2000'' and inserting
``1997 through 2001''.
(b) Expansion of Crop Insurance Pilots.--In the case of any pilot
program offered under the Federal Crop Insurance Act that was approved
by the Board of Directors of the Federal Crop Insurance Corporation on
or before September 30, 1999, the pilot program may be offered on a
regional, whole State, or national basis for the 2000 and 2001 crop
years notwithstanding section 553 of title 5, United States Code.
Sec. 206. Sales Closing Dates for Crop Insurance.--Section 508(f
)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(f )(2)) is
amended--
(1) by inserting ``(A) In general.--'' before the first
sentence;
(2) by striking the last sentence; and
(3) by adding at the end the following:
``(B) Established dates.--Except as provided in
subparagraph (C), the Corporation shall establish, for
an insurance policy for each insurable crop that is
planted in the spring, a sales closing date that is 30
days earlier than the corresponding sales closing date
that was established for the 1994 crop year.
``(C) Exception.--If compliance with subparagraph
(B) results in a sales closing date for an agricultural
commodity that is earlier than January 31, the sales
closing date for that commodity shall be January 31
beginning with the 2000 crop year.''.
Sec. 207. The Secretary of Agriculture may use not more than
$1,090,000 of funds of the Commodity Credit Corporation to provide
emergency assistance to producers on farms located in Harney County,
Oregon, who suffered flood-related crop and forage losses in 1999 and
several previous years and are expected to suffer continuing economic
losses until the floodwaters recede. The amount made available under
this section shall be available for such losses for such years as
determined appropriate by the Secretary to compensate such producers for
hay, grain, and pasture losses due to the floods and for related
economic losses.
Sec. 208. Tillamook Railroad Disaster Repairs. In addition to
amounts appropriated or otherwise made available for rural development
programs of the United States Department of Agriculture by Public Law
106-78, there are appropriated $5,000,000 which may be made available to
repair damage to the Tillamook Railroad caused by flooding and high
winds (FEMA Disaster Number 1099-DR-OR) notwithstanding any other
provision of law.
Sec. 209. At the end of section 746 of Public Law 106-78, insert the
following before the period: ``: Provided, That the Congressional Hunger
Center may invest such funds and expend the income from such funds in a
manner consistent with this section: Provided
[[Page 113 STAT. 1501A-295]]
further, That notwithstanding any other provision of law, funds
appropriated pursuant to this section may be paid directly to the
Congressional Hunger Center.''.
Sec. 210. The Secretary of Agriculture may reprogram funds
appropriated by Public Law 106-78 for the cost of rural electrification
and telecommunications loans to provide up to $100,000 for the cost of
guaranteed loans authorized by section 306 of the Rural Electrification
Act of 1936.
Sec. 211. Section 755(b) of Public Law 106-78 is hereby repealed.
Sec. 212. Section 602(b)(2) of the Small Business Reauthorization
Act of 1997 (15 U.S.C. 657a note) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) in subparagraph (J), by striking the period at the end
and inserting ``;''; and
(3) by inserting at the end the following:
``(K) the Department of Commerce;
``(L) the Department of Justice; and
``(M) the Department of State.''.
Sec. 213. (a) Revised Schedule for Competitive Bidding of
Spectrum.--(1) Section 337(b) of the Communications Act of 1934 (47
U.S.C. 337(b)) is amended by striking ``shall--'' and all that follows
and inserting ``shall commence assignment of licenses for public safety
services created pursuant to subsection (a) no later than September 30,
1998.''.
(2) Commencing on the date of the enactment of this Act, the Federal
Communications Commission shall initiate the competitive bidding process
previously required under section 337(b)(2) of the Communications Act of
1934 (as repealed by the amendment made by paragraph (1)).
(3) The Federal Communications Commission shall conduct the
competitive bidding process described in paragraph (2) in a manner that
ensures that all proceeds of such bidding are deposited in accordance
with section 309( j)(8) of the Communications Act of 1934 (47 U.S.C.
309( j)(8)) not later than September 30, 2000.
(4)(A) To expedite the assignment by competitive bidding of the
frequencies identified in section 337(a)(2) of the Communications Act of
1934 (47 U.S.C. 337(a)(2)), the rules governing such frequencies shall
be effective immediately upon publication in the Federal Register
without regard to sections 553(d), 801(a)(3), 804(2), and 806(a) of
title 5, United States Code.
(B) Chapter 6 of title 5, United States Code, section 3 of the Small
Business Act (15 U.S.C. 632), and sections 3507 and 3512 of title 44,
United States Code, shall not apply to the rules and competitive bidding
procedures governing the frequencies described in subparagraph (A).
(5) Notwithstanding section 309(b) of the Communications Act of 1934
(47 U.S.C. 309(b)), no application for an instrument of authorization
for the frequencies described in paragraph (4) may be granted by the
Federal Communications Commission earlier than 7 days following issuance
of public notice by the Commission of the acceptance for filing of such
application or of any substantial amendment thereto.
(6) Notwithstanding section 309(d)(1) of the Communications Act of
1934 (47 U.S.C. 309(d)(1)), the Federal Communications Commission may
specify a period (which shall be not less than 5 days following issuance
of the public notice described in paragraph
[[Page 113 STAT. 1501A-296]]
(5)) for the filing of petitions to deny any application for an
instrument of authorization for the frequencies described in paragraph
(4).
(b) Reports.--(1) Not later than 30 days after the date of the
enactment of this Act, the Director of the Office of Management and
Budget and the Federal Communications Commission shall each submit to
the appropriate congressional committees a report which shall--
(A) set forth the anticipated schedule (including specific
dates) for--
(i) preparing and conducting the competitive bidding
process required by subsection (a); and
(ii) depositing the receipts of the competitive
bidding process;
(B) set forth each significant milestone in the rulemaking
process with respect to the competitive bidding process; and
(C) include an explanation of the effect of each requirement
in subsection (a) on the schedule for the competitive bidding
process and any post-bidding activities (including the deposit
of receipts) when compared with the schedule for the competitive
bidding and any post-bidding activities (including the deposit
of receipts) that would otherwise have occurred under section
337(b)(2) of the Communications Act of 1934 (47 U.S.C.
337(b)(2)) if not for the enactment of subsection (a).
(2) Not later than 60 days after the date of the enactment of this
Act, the Federal Communications Commission shall submit to the
appropriate congressional committees a report which shall set forth for
each spectrum auction held by the Commission since January 1, 1998,
information on--
(A) the time required for each stage of preparation for the
auction;
(B) the date of the commencement and of the completion of
the auction;
(C) the time which elapsed between the date of the
completion of the auction and the date of the first deposit of
receipts from the auction in the Treasury; and
(D) the amounts, summarized by month, of all subsequent
deposits in a Treasury receipt account from the auction.
(3) Not later than October 31, 2000, the Federal Communications
Commission shall submit to the appropriate congressional committees a
report which shall--
(A) describe the course of the competitive bidding process
required by subsection (a) through September 30, 2000, including
the amount of any receipts from the competitive bidding process
deposited in the Treasury as of September 30, 2000; and
(B) if the course of the competitive bidding process has
included any deviations from the schedule set forth under
paragraph (1)(A), an explanation for such deviations from the
schedule.
(4) Each report required by this subsection shall be prepared by the
agency concerned without influence of any other Federal department or
agency.
(5) In this subsection, the term ``appropriate congressional
committees'' means the following:
(A) The Committees on Appropriations, the Budget, and
Commerce, Science, and Transportation of the Senate.
[[Page 113 STAT. 1501A-297]]
(B) The Committees on Appropriations, the Budget, and
Commerce of the House of Representatives.
(c) Construction.--Nothing in this section shall be construed to
supersede the requirements placed on the Federal Communications
Commission by section 337(d)(4) of the Communications Act of 1934 (47
U.S.C. 337(d)(4)).
(d) Repeal of Superseded Provisions.--Section 8124 of the Department
of Defense Appropriations Act, 2000 is repealed.
Sec. 214. (a) Section 8175 of the Department of Defense
Appropriations Act, 2000 (Public Law 106-79) is amended by striking
section 8175 and inserting the following new section 8175:
``Sec. 8175. Notwithstanding any other provision of law, the
Department of Defense shall make progress payments based on progress no
less than 12 days after receiving a valid billing and the Department of
Defense shall make progress payments based on cost no less than 19 days
after receiving a valid billing: Provided, That this provision shall be
effective only with respect to billings received during the last month
of the fiscal year.''.
(b) The amendment made by subsection (a) shall take effect as if
included in the Department of Defense Appropriations Act, 2000 (Public
Law 106-79), to which such amendment relates.
Sec. 215. (a) Section 8176 of the Department of Defense
Appropriations Act, 2000 (Public Law 106-79) is amended by striking
section 8176 and inserting the following new section 8176:
``Sec. 8176. Notwithstanding any other provision of law, the
Department of Defense shall make adjustments in payment procedures and
policies to ensure that payments are made no earlier than one day before
the date on which the payments would otherwise be due under any other
provision of law: Provided, That this provision shall be effective only
with respect to invoices received during the last month of the fiscal
year.''.
(b) The amendment made by subsection (a) shall take effect as if
included in the Department of Defense Appropriations Act, 2000 (Public
Law 106-79), to which such amendment relates.
Sec. 216. The Office of Net Assessment in the Office of the
Secretary of Defense, jointly with the United States Pacific Command,
shall submit, through the Under Secretary of Defense (Policy), a report
to Congress no later than 270 days after the enactment of this Act which
addresses the following issues: (1) A review of the operational planning
and other preparations of the United States Department of Defense,
including but not limited to the United States Pacific Command, to
implement the relevant sections of the Taiwan Relations Act since its
enactment in 1979; and (2) a review of evaluation of all gaps in
relevant knowledge about the People's Republic of China's capabilities
and intentions as they might affect the current and future military
balance between Taiwan and the People's Republic of China, including
both classified United States intelligence information and Chinese open
source writing. The report shall be submitted in classified form, with
an unclassified summary.
Sec. 217. The Secretary of Defense, jointly with the Secretary of
Veterans Affairs, shall submit a report to Congress no later than 90
days after the enactment of this Act assessing the adequacy of medical
research activities currently underway or planned to commence in fiscal
year 2000 to investigate the health effects of low-level chemical
exposures of Persian Gulf military forces while serving in the Southwest
Asia theater of operations. This report
[[Page 113 STAT. 1501A-298]]
shall also identify and assess valid proposals (including the cost of
such proposals) to accelerate medical research in this area, especially
those aimed at studying, diagnosing, and developing treatment protocols
for Gulf War veterans with multi-system symptoms and multiple chemical
intolerances.
(including transfer of funds)
Sec. 218. In addition to amounts appropriated or otherwise made
available in Public Law 106-79, $100,000,000 is hereby appropriated to
the Department of the Army and shall be made available only for transfer
to titles II, III, IV, and V of Public law 106-79 to meet readiness
needs: Provided, That these funds may be used to initiate the fielding
and equipping, to include leasing of vehicles for test and evaluation,
of two prototype brigade combat teams at Fort Lewis, Washington:
Provided further, That funds transferred pursuant to this section shall
be merged with and be available for the same purposes and for the same
time period as the appropriation to which transferred: Provided further,
That the transfer authority provided in this section is in addition to
any transfer authority available to the Department of Defense: Provided
further, That none of the funds made available under this section may be
obligated or expended until 30 days after the Chief of Staff of the Army
submits a detailed plan for the expenditure of the funds to the
congressional defense committees.
(transfer of funds)
Sec. 219. Of the funds appropriated in Public Law 106-79, $500,000
shall be transferred from ``Research, Development, Test, and Evaluation,
Army'' to ``Operation and Maintenance, Defense-Wide'': Provided, That
funds transferred pursuant to this section shall be merged with and be
available for the same purposes and for the same time period as the
appropriation to which transferred.
Sec. 220. Exemption for Waste Management Facilities Owned or
Operated by the United States. No form of financial responsibility
requirement shall be imposed on the Federal Government or its
contractors as to the operation of any waste management facility which
is designed to manage transuranic waste material and is owned or
operated by a department, agency, or instrumentality of the executive
branch of the Federal Government and subject to regulation by the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.) or by a State program
authorized under that Act.
Sec. 221. (a) That portion of the project for navigation, Newport
Harbor, Rhode Island, authorized by the Rivers and Harbors Act of 1907,
House Document 438, 59th Congress, 2nd Session, described by the
following: N148,697.62, E548,281.70, thence running south 9 degrees 42
minutes 14 seconds east 720.92 feet to a point N147,987.01, E548,403.21,
thence running south 80 degrees 17 minutes 45.2 seconds west 313.60 feet
to a point N147,934.15, E548,094.10, thence running north 8 degrees 4
minutes 50 seconds west 776.9 feet to a point N148,703.30, E547,984.90,
thence running south 88 degrees 54 minutes 13 seconds east 296.85 feet
returning to a point N148,697.62, E548,281.70 shall no longer be
authorized after the date of enactment of this Act.
(b) The area described by the following: N150,482.96, E548,057.84,
thence running south 6 degrees 9 minutes 49 seconds east 1300 feet to a
point N149,190.47, E548,197.42, thence running
[[Page 113 STAT. 1501A-299]]
south 9 degrees 42 minutes 14 seconds east 500 feet to a point
N148,697.62, E548,281.70, thence running north 88 degrees 54 minutes 13
seconds west 377.89 feet to a point N148,704.85, E547,903.88, thence
running north 8 degrees 4 minutes 52 seconds west 1571.83 feet to a
point N150,261.08, E547,682.92, thence running north 59 degrees 22
minutes 58 seconds east 435.66 feet returning to a point N150,482.96,
E548,057.84 shall be redesignated as an anchorage area.
(c) The area described by the following: N147,427.22, E548,464.05,
thence running south 2 degrees 10 minutes 32 seconds east 273.7 feet to
a point N147,153.72, E548,474.44, thence running south 5 degrees 18
minutes 48 seconds west 2375.34 feet to a point N144,788.59,
E548,254.48, thence running south 73 degrees 11 minutes 48 seconds west
93.40 feet to a point N144,761.59, E548,165.07, thence running north 2
degrees 10 minutes 39 seconds west 2589.81 feet to a point N147,349.53,
E548,066.67, thence running north 78 degrees 56 minutes 16 seconds east
404.9 feet returning to a point N147,427.22, E548,464.05 shall be
redesignated as an anchorage area.
Sec. 222. There is hereby appropriated to the Department of the
Interior $1,250,000 for the acquisition of lands in the Wertheim
National Wildlife Refuge, to be derived from the Land and Water
Conservation Fund.
Sec. 223. For a payment to Virginia C. Chafee, widow of John H.
Chafee, late a Senator from Rhode Island, $136,700.
Sec. 224. Paragraph (5) of section 201(a) of the Congressional
Budget Act of 1974 (2 U.S.C. 601(a)) is amended to read as follows:
``(5)(A) The Director shall receive compensation at an
annual rate of pay that is equal to the lower of--
``(i) the highest annual rate of compensation of any
officer of the Senate; or
``(ii) the highest annual rate of compensation of
any officer of the House of Representatives.
``(B) The Deputy Director shall receive compensation at an
annual rate of pay that is $1,000 less than the annual rate of
pay received by the Director, as determined under subparagraph
(A).''.
Sec. 225. In addition to amounts otherwise made available in Public
Law 106-69 (Department of Transportation and Related Agencies
Appropriations Act, 2000) to carry out 49 United States Code,
5309(m)(1)(C), $1,750,000 is made available from the Mass Transit
Account of the Highway Trust Fund for Twin Cities, Minnesota
metropolitan buses and bus facilities; $750,000 is made available from
the Mass Transit Account of the Highway Trust Fund for Santa Clarita,
California bus maintenance facility; $1,000,000 is made available from
the Mass Transit Account of the Highway Trust Fund for a Lincoln,
Nebraska bus maintenance facility; and $2,500,000 is made available from
the Mass Transit Account of the Highway Trust Fund for Anchorage, Alaska
2001 Special Olympics Winter Games buses and bus facilities: Provided,
That notwithstanding any other provision of law, $2,000,000 of the funds
available in fiscal year 2000 under section 1101(a)(9) of Public Law
105-178, as amended, for the National corridor planning and development
and coordinated border infrastructure programs shall be made available
for the planning and design of a highway corridor between Dothan,
Alabama and Panama City, Florida: Provided further, That under ``Capital
Investment Grants''
[[Page 113 STAT. 1501A-300]]
in Public Law 106-69, item number 66 shall be amended by striking
``Colorado Association of Transit Agencies'' and inserting ``Colorado
buses and bus facilities'', item number 107 shall be amended by striking
``Kansas Public Transit Association buses and bus facilities'' and
inserting ``Kansas buses and bus facilities'', the figure in item number
92 shall be amended to read ``3,340,000'', item number 251 shall be
amended by inserting after ``buses'' the following: ``and bus
facilities'', and there shall be inserted after item number 279 under
``Capital Investment Grants'' the following:
``280 Iowa Mason City, bus 160,000'':
. facility.
Provided further, That Public Law 105-277, 112 Stat. 2681-458, item
number 243 shall be amended by inserting after the word ``buses'' the
following: ``and bus facilities''.
Sec. 226. No funds made available in Public Law 106-69 or any other
Act shall be used to decommission or otherwise reduce operations of U.S.
Coast Guard WYTL harbor tug boats.
Sec. 227. Section 351 of Public Law 106-69 is amended by striking
``provided'' and inserting ``appropriated or limited''.
Sec. 228. For purposes of section 5117(b)(5) of the Transportation
Equity Act for the 21st Century, for fiscal years 1998, 1999 and 2000
the cost-sharing provision of section 5001(b) shall not apply.
Sec. 229. Section 366 of the Department of Transportation and
Related Agencies Appropriations Act, 2000 (Public Law 106-69) is
amended--
(1) by striking ``and subject to subsection (b),''; and
(2) by striking ``under subsection (a)'' and inserting
``under this section''.
Sec. 230. Section 408 of the Woodrow Wilson Memorial Bridge
Authority Act of 1995 (109 Stat. 631) is amended--
(1) by striking ``The'' and inserting ``(a) In General.--
The''; and
(2) by adding at the end the following:
``(b) Transportation Improvement Program.--Notwithstanding sections
134(g)(2)(B), 134(h)(3)(D) and 135(f )(2)(D) of title 23, United States
Code, the Project may be included in a metropolitan long-range
transportation plan, a metropolitan transportation improvement program,
and a State transportation improvement program under sections 134 and
135, respectively, of that title.''.
Sec. 231. (a) Exemption for Aircraft Modification or Disposal,
Scheduled Heavy Maintenance, or Leasing-Related Flights.--Section 47528
is amended--
(1) by striking ``subsection (b)'' in subsection (a) and
inserting ``subsection (b) or (f )'';
(2) by adding at the end of subsection (e) the following:
``(4) An air carrier operating Stage 2 aircraft under this
subsection may transport Stage 2 aircraft to or from the 48
contiguous States on a non-revenue basis in order--
``(A) to perform maintenance (including major
alterations) or preventative maintenance on aircraft
operated, or to be operated, within the limitations of
paragraph (2)(B); or
``(B) conduct operations within the limitations of
paragraph (2)(B).''; and
(3) adding at the end thereof the following:
[[Page 113 STAT. 1501A-301]]
``(f ) Aircraft Modification, Disposal, Scheduled Heavy Maintenance,
or Leasing.--
``(1) In general.--The Secretary shall permit a person to
operate after December 31, 1999, a Stage 2 aircraft in
nonrevenue service through the airspace of the United States or
to or from an airport in the contiguous 48 States in order to--
``(A) sell, lease, or use the aircraft outside the
contiguous 48 States;
``(B) scrap the aircraft;
``(C) obtain modifications to the aircraft to meet
Stage 3 noise levels;
``(D) perform scheduled heavy maintenance or
significant modifications on the aircraft at a
maintenance facility located in the contiguous 48
States;
``(E) deliver the aircraft to an operator leasing
the aircraft from the owner or return the aircraft to
the lessor;
``(F) prepare or park or store the aircraft in
anticipation of any of the activities described in
subparagraphs (A) through (E); or
``(G) divert the aircraft to an alternative airport
in the contiguous 48 States on account of weather,
mechanical, fuel, air traffic control, or other safety
reasons while conducting a flight in order to perform
any of the activities described in subparagraphs (A)
through (F).
``(2) Procedure to be published.--The Secretary shall
establish and publish, not later than 30 days after the date of
enactment of this Act a procedure to implement paragraph (1) of
this subsection through the use of categorical waivers, ferry
permits, or other means.''.
(b) Noise Standards for Experimental Aircraft.--
(1) In general.--Section 47528(a) of title 49 is amended by
inserting ``(for which an airworthiness certificate other than
an experimental certificate has been issued by the
Administrator)'' after ``civil subsonic turbojet''.
(2) FAR modified.--The Federal Aviation Regulations,
contained in Part 14 of the Code of Federal Regulations, that
implement section 47528 and related provisions shall be deemed
to incorporate this change on the effective date of this Act.
(3) Other.--Notwithstanding any other provision of law, none
of the funds in this or any other Act may be used to implement
or otherwise enforce Stage 3 noise limitations in title 49
United States Code, section 47528(a) for aircraft operating
under an experimental airworthiness certification issued by the
Department of Transportation.
Sec. 232. In addition to amounts provided to the Federal Railroad
Administration in Public Law 106-69, for necessary expenses for
engineering, design and construction activities to enable the James A.
Farley Post Office in New York City to be used as a train station and
commercial center, to become available on October 1 of the fiscal year
specified and to remain available until expended: fiscal year 2001,
$20,000,000; fiscal year 2002, $20,000,000; fiscal year 2003,
$20,000,000.
Sec. 233. (a) Section 203(p)(1)(B)(ii) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 484(p)(1)(B)(ii)) is
amended by striking ``December 31, 1999.'' and inserting ``July 31,
2000.''.
[[Page 113 STAT. 1501A-302]]
(b) During the period beginning January 1, 2000, and ending July 31,
2000, the Administrator may convey any property for which an application
for the transfer of property is under consideration and pending on the
date of the enactment of this Act.
Sec. 234. Effective on November 15, 1999, or the last day of the
1st session of the 106th Congress, whichever is later, in addition to
amounts otherwise provided to address the expenses of Year 2000
conversion of Federal information technology systems, not to exceed 10
percent of any appropriation for salaries and expenses made available to
an agency for fiscal year 2000 in this or any other Act may be used by
the agency for implementation of agency business continuity and
contingency plans in furtherance of Year 2000 compliance by Federal
agencies: Provided, That such amounts may be transferred between agency
accounts: Provided further, That the transfer authority provided in this
section is in addition to any other transfer authority provided in this
or any other Act: Provided further, That notice of any transfer under
this section shall be transmitted to House and Senate Committees on
Appropriations, the Senate Special Committee on the Year 2000 Technology
Problem, the House Committee on Science, and the House Committee on
Government Reform 10 days in advance of such transfer: Provided further,
That, under circumstances reasonably requiring immediate action, such
notice shall be transmitted as soon as possible but in no case more than
5 days after such transfer: Provided further, That the authority granted
in this section shall expire on February 29, 2000.
Sec. 235. Title III of Public Law 106-58, under the heading ``Office
of Administration, Salaries and Expenses'', is amended by inserting
after ``infrastructure'' the following: ``: Provided, That the funds for
the capital investment plan shall remain available until September 30,
2001''.
Sec. 236. Postponement of Date of Termination of Federal Agency
Reporting Requirements. Section 3003(a)(1) of the Federal Reports
Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note) is amended by
striking ``4 years after the date of the enactment of this Act'' and
inserting ``May 15, 2000''.
Sec. 237. In addition to amounts appropriated to the Office of
National Drug Control Policy, $3,000,000 is appropriated: Provided, That
this amount shall be made available by grant to the United States
Olympic Committee for its anti-doping program within 30 days of the
enactment of this Act.
Sec. 238. (a) In General.--(1) Section 5315 of title 5, United
States Code, is amended by striking the following item: ``Commissioner
of Customs, Department of the Treasury''.
(2) Section 5314 of title 5, United States Code, is amended by
inserting at the end the following item: ``Commissioner of Customs,
Department of the Treasury''.
(b) Effective Date.--The amendment made by this subsection shall
take effect on January 1, 2000.
Sec. 239. (a) Section 101(d)(3) of title I of division C of the
Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999
(Public Law 105-277, 112 Stat. 2681-584, 585) is amended by inserting
``not'' after ``the Inspector General Act of 1978 (5 U.S.C. App.)
shall''.
(b) The amendment made by subsection (a) shall be effective as if
included in the enactment of section 101 of title I of division
[[Page 113 STAT. 1501A-303]]
C of the Omnibus Consolidated and Emergency Supplemental Appropriations
Act, 1999.
Sec. 240. For necessary expenses of the United States Secret
Service, an additional $10,000,000 is appropriated for ``Salaries and
Expenses''. In addition, for the purposes of meeting additional
requirements of the United States Secret Service for fiscal year 2000,
the Secretary of the Treasury is authorized and directed to transfer
$21,000,000 to the United States Secret Service out of all the funds
available to the Department of the Treasury no later than 120 days after
enactment of this Act: Provided, That the transfer authority provided in
this section is in addition to any other transfer authority contained
elsewhere in this or any other Act: Provided further, That such
transfers pursuant to this section be taken from programs, projects, and
activities as determined by the Secretary of the Treasury and subject to
the advance approval of the Committee on Appropriations.
Sec. 241. Section 404(b) of the Government Management Reform Act of
1994 (31 U.S.C. 501 note) is amended by striking: ``December 31, 1999''
and inserting ``April 30, 2000''.
Sec. 242. (a) The seventh paragraph under the heading ``Community
Development Block Grants'' in title II of H.R. 2684 (Public Law 106-74)
is amended by striking the figure making individual grants for targeted
economic investments and inserting ``$250,175,000'' in lieu thereof.
(b) The statement of the managers of the committee of conference
accompanying H.R. 2684 (Public Law 106-74; House Report No. 106-379) is
deemed to be amended under the heading ``Community Development Block
Grants'' to include in the description of targeted economic development
initiatives the following:
``--$500,000 to Saint John's County, Florida for water,
wastewater, and sewer system improvements;
``--$1,000,000 to the City of San Dimas, California for
structural improvements, earthquake reinforcement, and
compliance with the Americans with Disabilities Act, to the
Walker House;
``--$2,000,000 to the City of Youngstown in Youngstown, Ohio
for site acquisition, planning, architectural design, and
preliminary construction activities of a convocation/community
center;
``--$875,000 to Chippewa County, Wisconsin for development
of the Lake Wissota Business Park;
``--$1,500,000 to Lake Marion Regional Water Agency in South
Carolina, for continued development of water supply needs;
``--$650,000 to Santa Fe County, New Mexico, for the Santa
Fe Regional Water Management and River Restoration Strategy
(including activities of partner governments and agencies);
``--$650,000 to the Dunbar Community Center in Springfield,
Massachusetts to expand its facilities''.
TITLE III--FISCAL YEAR 2000 OFFSETS AND RESCISSIONS
Sec. 301. (a) Government-Wide Rescissions.--There is hereby
rescinded an amount equal to 0.38 percent of the discretionary budget
authority provided (or obligation limit imposed) for fiscal year 2000 in
this or any other Act for each department, agency, instrumentality, or
entity of the Federal Government.
[[Page 113 STAT. 1501A-304]]
(b) Restrictions.--In carrying out the rescissions made by
subsection (a)--
(1) no program, project, or activity of any department,
agency, instrumentality, or entity may be reduced by more than
15 percent (with ``programs, projects, and activities'' as
delineated in the appropriations Act or accompanying report for
the relevant account, or for accounts and items not included in
appropriations Acts, as delineated in the most recently
submitted President's budget);
(2) no reduction shall be taken from any military personnel
account; and
(3) the reduction for the Department of Defense and
Department of Energy Defense Activities shall be applied
proportionately to all Defense accounts.
(c) Report.--The Director of the Office of Management and Budget
shall include in the President's budget submitted for fiscal year 2001 a
report specifying the reductions made to each account pursuant to this
section.
Sec. 302. Section 7 of the Federal Reserve Act (12 U.S.C. 289) is
amended as follows:
(1) by striking subsection (a)(3); and
(2) by inserting the following new subsection (b):
``(b) Transfer For Fiscal Year 2000.--
``(1) In general.--The Federal reserve banks shall transfer
from the surplus funds of such banks to the Board of Governors
of the Federal Reserve System for transfer to the Secretary of
the Treasury for deposit in the general fund of the Treasury, a
total amount of $3,752,000,000 in fiscal year 2000.
``(2) Allocated by fed.--Of the total amount required to be
paid by the Federal reserve banks under paragraph (1) for fiscal
year 2000, the Board shall determine the amount each such bank
shall pay in such fiscal year.
``(3) Replenishment of surplus fund prohibited.--During
fiscal year 2000, no Federal reserve bank may replenish such
bank's surplus fund by the amount of any transfer by such bank
under paragraph (1).''.
Sec. 303. (a) Section 453( j) of the Social Security Act (42 U.S.C.
653( j)) is amended by adding at the end the following:
``(6) Information comparisons and disclosure for enforcement
of obligations on higher education act loans and grants.--
``(A) Furnishing of information by the secretary of
education.--The Secretary of Education shall furnish to
the Secretary, on a quarterly basis or at such less
frequent intervals as may be determined by the Secretary
of Education, information in the custody of the
Secretary of Education for comparison with information
in the National Directory of New Hires, in order to
obtain the information in such directory with respect to
individuals who--
``(i) are borrowers of loans made under title
IV of the Higher Education Act of 1965 that are in
default; or
``(ii) owe an obligation to refund an
overpayment of a grant awarded under such title.
``(B) Requirement to seek minimum information
necessary.--The Secretary of Education shall seek
[[Page 113 STAT. 1501A-305]]
information pursuant to this section only to the extent
essential to improving collection of the debt described
in subparagraph (A).
``(C) Duties of the secretary.--
``(i) Information comparison; disclosure to
the secretary of education.--The Secretary, in
cooperation with the Secretary of Education, shall
compare information in the National Directory of
New Hires with information in the custody of the
Secretary of Education, and disclose information
in that Directory to the Secretary of Education,
in accordance with this paragraph, for the
purposes specified in this paragraph.
``(ii) Condition on disclosure.--The Secretary
shall make disclosures in accordance with clause
(i) only to the extent that the Secretary
determines that such disclosures do not interfere
with the effective operation of the program under
this part. Support collection under section 466(b)
shall be given priority over collection of any
defaulted student loan or grant overpayment
against the same income.
``(D) Use of information by the secretary of
education.--The Secretary of Education may use
information resulting from a data match pursuant to this
paragraph only--
``(i) for the purpose of collection of the
debt described in subparagraph (A) owed by an
individual whose annualized wage level (determined
by taking into consideration information from the
National Directory of New Hires) exceeds $16,000;
and
``(ii) after removal of personal identifiers,
to conduct analyses of student loan defaults.
``(E) Disclosure of information by the secretary of
education.--
``(i) Disclosures permitted.--The Secretary of
Education may disclose information resulting from
a data match pursuant to this paragraph only to--
``(I) a guaranty agency holding a
loan made under part B of title IV of
the Higher Education Act of 1965 on
which the individual is obligated;
``(II) a contractor or agent of the
guaranty agency described in subclause
(I);
``(III) a contractor or agent of the
Secretary; and
``(IV) the Attorney General.
``(ii) Purpose of disclosure.--The Secretary
of Education may make a disclosure under clause
(i) only for the purpose of collection of the
debts owed on defaulted student loans, or
overpayments of grants, made under title IV of the
Higher Education Act of 1965.
``(iii) Restriction on redisclosure.--An
entity to which information is disclosed under
clause (i) may use or disclose such information
only as needed for the purpose of collecting on
defaulted student loans, or overpayments of
grants, made under title IV of the Higher
Education Act of 1965.
[[Page 113 STAT. 1501A-306]]
``(F) Reimbursement of hhs costs.--The Secretary of
Education shall reimburse the Secretary, in accordance
with subsection (k)(3), for the additional costs
incurred by the Secretary in furnishing the information
requested under this subparagraph.''.
(b) Penalties for Misuse of Information.--Section 402(a) of the
Child Support Performance and Incentive Act of 1998 (112 Stat. 669) is
amended in the matter added by paragraph (2) by inserting ``or any other
person'' after ``officer or employee of the United States''.
(c) Effective Date.--The amendments made by this section shall
become effective October 1, 1999.
Sec. 304. Section 110 of title 23, United States Code, is amended by
adding at the end the following:
``(e) After making any calculation necessary to implement this
section for fiscal year 2001, the amount available under paragraph
(a)(1) shall be increased by $128,752,000. The amounts added under this
subsection shall not apply to any calculation in any other fiscal year.
``(f ) For fiscal year 2001, prior to making any distribution under
this section, $22,029,000 of the allocation under paragraph (a)(1) shall
be available only for each program authorized under chapter 53 of title
49, United States Code, and title III of Public Law 105-178, in
proportion to each such program's share of the total authorization in
section 5338 (other than 5338(h)) of such title and sections 3037 and
3038 of such Public Law, under the terms and conditions of chapter 53 of
such title.
``(g) For fiscal year 2001, prior to making any distribution under
this section, $399,000 of the allocation under paragraph (a)(1) shall be
available only for motor carrier safety programs under sections 31104
and 31107 of title 49, United States Code; $274,000 for NHTSA operations
and research under section 403 of title 23, United States Code; and
$787,000 for NHTSA highway traffic safety grants under chapter 4 of
title 23, United States Code.''.
Sec. 305. Notwithstanding section 3324 of title 31, United States
Code, and section 1006(h) of title 37, United States Code, the basic pay
and allowances that accrues to members of the Army, Navy, Marine Corps,
and Air Force for the pay period ending on September 30, 2000, shall be
paid, whether by electronic transfer of funds or otherwise, no earlier
than October 1, 2000.
Sec. 306. The pay of any Federal officer or employee that would be
payable on September 29, 2000, or September 30, 2000, for the preceding
applicable pay period (if not for this section) shall be paid, whether
by electronic transfer of funds or otherwise, on October 1, 2000.
Sec. 307. Under the terms of section 251(b)(2) of Public Law 99-177,
an adjustment for rounding shall be provided for the first amount
referred to in section 251(c)(4)(A) of such Act equal to 0.2 percent of
such amount.
[[Page 113 STAT. 1501A-307]]
TITLE IV--CANYON FERRY RESERVOIR, MONTANA
SEC. 401. DEFINITION OF INDIVIDUAL PROPERTY PURCHASER.
Section 1003 of title X of division C of the Omnibus Consolidated
and Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-711)
is amended--
(1) by redesignating paragraphs (4) through (12) as
paragraphs (5) through (13), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Individual property purchaser.--The term `individual
property purchaser', with respect to an individual cabin site
described in section 1004(b), means a person (including CFRA or
a lessee) that purchases that cabin site.
SEC. 402. SALE OF PROPERTIES.
Section 1004 of title X of division C of the Omnibus Consolidated
and Emergency Supplemental Appropriations Act, 1999, is amended--
(1) in subsection (c)(2) (112 Stat. 2681-713), by striking
subparagraph (B) and inserting the following:
``(B) Appraisal.--
``(i) In general.--The appraisal under
subparagraph (A) shall be based on the Canyon
Ferry Cabin Site appraisal with a completion date
of March 29, 1999, and amended June 11, 1999, with
an effective date of valuation of October 15,
1998, for the Bureau of Reclamation, on the
conditions stated in this subparagraph.
``(ii) Modifications.--The contract appraisers
that conducted the original appraisal having an
effective date of valuation of October 15, 1998,
for the Bureau of Reclamation shall make
appropriate modifications to permit recalculation
of the lot values established in the original
appraisal into an updated appraisal, the function
of which shall be to provide market values for the
sale of each of the 265 Canyon Ferry Cabin site
lots.
``(iii) Changes in property characteristics.--
If there are any changes in the characteristic of
a property that form part of the basis of the
updated appraisal (including a change in size,
easement considerations, or updated analyses of
the physical characteristics of a lot), the
contract appraisers shall make an appropriate
adjustment to the updated appraisal.
``(iv) Updating.--Subject to the approval of
CFRA and the Secretary, the fair market values
established by the appraisers under this paragraph
may be further updated periodically by the
contract appraisers through appropriate market
analyses.
``(v) Reconsideration.--The Bureau of
Reclamation and the 265 Canyon Ferry cabin owners
have the right to seek reconsideration, before
commencement of the updated appraisal, of the
assumptions that the appraisers used in arriving
at the fair market values derived in the original
appraisal.
[[Page 113 STAT. 1501A-308]]
``(vi) Continuing validity.--Notwithstanding
any other provision of law, the October 15, 1998,
Canyon Ferry Cabin Site original appraisal, as
provided for in this paragraph, shall remain valid
for use by the Bureau of Reclamation in the sale
process for a period of not less than 3 years from
the date of completion of the updated
appraisal.'';
(2) in subsection (d) (112 Stat. 2681-713)--
(A) in paragraph (1)(D), by adding at the end the
following:
``(iii) Remaining leases.--
``(I) Continuation of leases.--The
remaining lessees shall have a right to
continue leasing through August 31,
2014.
``(II) Right to close.--The
remaining leases shall have the right to
close under the terms of the sale at any
time before August 31, 2014. On
termination of the lease either by
expiration under the terms of the lease
or by violation of the terms of the
lease, all personal property and
improvements will be removed, and the
cabin site shall remain in Federal
ownership.''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A),
by inserting ``or if no one (including CFRA)
bids,'' after ``bid''; and
(ii) in subparagraph (D)--
(I) by striking ``12 months'' and
inserting ``36 months''; and
(II) by adding at the end the
following: ``If the requirement of the
preceding sentence is not met, CFRA may
close on all remaining cabin sites or up
to the 75 percent requirement. If CFRA
does not exercise either such option,
the Secretary shall conduct another sale
for the remaining cabin sites to close
immediately, with proceeds distributed
in accordance with section 1008.'';
(3) by striking subsection (e) (112 Stat. 2681-714) and
inserting the following:
``(e) Administrative Costs.--
``(1) Allocation of funding.--The Secretary shall allocate
all funding necessary to conduct the sales process for the sale
of property under this title.
``(2) Reimbursement.--Any reasonable administrative costs
incurred by the Secretary (including the costs of survey and
appraisals incident to the conveyance under subsection (a))
shall be proportionately reimbursed by the property owner a the
time of closing.''; and
(4) by striking subsection (f ) (112 Stat. 2681-714) and
inserting the following:
``(f ) Timing.--The Secretary shall--
``(1) immediately begin preparing for the sales process on
enactment of this Act; and
``(2) not later than 1 year after the date of enactment of
this Act, begin conveying the property described in subsection
(b).''.
[[Page 113 STAT. 1501A-309]]
SEC. 403. MONTANA FISH AND WILDLIFE CONSERVATION TRUST.
Section 1007(b) of title X of division C of the Omnibus Consolidated
and Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-
715), is amended--
(1) in subsection (c)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``trust manager'' and
inserting ``trust manager (referred to in this section
as the `trust manager')'';
(B) in paragraph (2)(A), in the matter preceding
clause (i), by striking ``agency Board'' and inserting
``Agency Board (referred to in this section as the
`Joint State-Federal Agency Board')''; and
(C) in paragraph (3)(A), by striking ``Advisory
Board'' and inserting ``Advisory Board (referred to in
this section as the `Citizen Advisory Board')''; and
(2) by adding at the end the following:
``(f ) Recreation Trust Agreement.--
``(1) In general.--The Trust, acting through the trust
manager, in consultation with the Joint State-Federal Agency
Board and the Citizen Advisory Board, shall enter into a legally
enforceable agreement with CFRA (referred to in this section as
the `Recreation Trust Agreement').
``(2) Contents.--The Recreation Trust Agreement shall
provide that--
``(A) on receipt of proceeds of the sale of a
property under section 1004, the Trust shall loan up to
$3,000,000 of the proceeds to CFRA;
``(B) CFRA shall deposit all funds borrowed under
subparagraph (A) in the Canyon Ferry-Broadwater County
Trust;
``(C) CFRA and the individual purchasers shall repay
the principal of the loan to the Trust as soon as
reasonably practicable in accordance with a repayment
schedule specified in the loan agreement; and
``(D) until such time as the principal is repaid in
full, CFRA and the individual purchasers shall make an
annual interest payment on the outstanding principal of
the loan to the Trust at an interest rate determined in
accordance with paragraph (4)(C).
``(3) Treatment of interest payments.--All interest payments
received by the Trust under paragraph (2)(D) shall be treated as
earnings under subsection (d)(2).
``(4) Fiduciary responsibility.--In negotiating the
Recreation Trust Agreement, the trust manager shall act in the
best interests of the Trust to ensure--
``(A) the security of the loan;
``(B) timely repayment of the principal; and
``(C) payment of a fair interest rate, of not less
than 6 nor more than 8 percent per year, based on the
length of the term of a loan that is comparable to the
term of a traditional home mortgage.
``(g) Restriction on Disbursement.--Except as provided in subsection
(f ), the trust manager shall not disburse any funds from the Trust
until August 1, 2001, as provided for in the Recreation Trust Agreement,
unless Broadwater County, at an earlier date, certifies that the Canyon
Ferry-Broadwater County Trust has been fully funded in accordance with
this title.
[[Page 113 STAT. 1501A-310]]
``(h) Condition to Sale.--No closing of property under section 1004
shall be made until the Recreation Trust Agreement is entered into under
subsection (f )''.
SEC. 404. CANYON FERRY-BROADWATER COUNTY TRUST.
Section 1008(b) of title X of division C of the Omnibus Consolidated
and Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-
718), is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Agreement.--
``(A) Condition to sale.--No closing of property
under section 1004 shall be made until CFRA and
Broadwater County enter into a legally enforceable
agreement (referred to in this paragraph as the `
Contributions Agreement') concerning contributions to
the Trust.
``(B) Contents.--The Contributions Agreement shall
require that on or before August 1, 2001, CFRA shall
ensure that $3,000,000 in value is deposited in the
Canyon Ferry-Broadwater County Trust from 1 or more of
the following sources:
``(i) Direct contributions made by the
purchasers on the sale of each cabin site.
``(ii) Annual contributions made by the
purchasers.
``(iii) All other monetary contributions.
``(iv) In-kind contributions, subject to the
approval of the County.
``(v) All funds borrowed by CFRA under section
1007(f ).
``(vi) Assessments made against the cabin
sites made under a county park district or any
similar form of local government under the laws of
the State of Montana.
``(vii) Any other contribution, subject to the
approval of the County.'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Alternative funding source.--If CFRA agrees to form a
county park district under section 7-16-2401 et seq., of the
Montana Code Annotated, or any other similar form of local
government under the laws of the State of Montana, for the
purpose of providing funding for the Trust pursuant to the
Contributions Agreement, CFRA and Broadwater County may amend
the Contributions Agreement as appropriate, so long as the
monetary obligations of individual property purchases under the
Contributions Agreement as amended are substantially similar to
those specified in paragraph (1).''; and
(4) in paragraph (4) (as redesignated by paragraph (2), by
striking ``until the condition stated in paragraph (1) is met''.
SEC. 405. TECHNICAL CORRECTIONS.
Title X of division C of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999 is amended--
(1) in section 1001 (112 Stat. 2681-710), by striking
``section 4(b)'' and inserting ``section 1004(b)'';
(2) in section 1003 (112 Stat. 2681-711)--
(A) in paragraph (1), by striking ``section 8'' and
inserting ``section 1008'';
[[Page 113 STAT. 1501A-311]]
(B) in paragraph (6), by striking ``section 7'' and
inserting ``section 1007'';
(C) in paragraph (8)--
(i) in subparagraph (A), by striking ``section
4(b)'' and inserting ``1004(b)''; and
(ii) in subparagraph (B), by striking
``section 4(b)(1)(B)'' and inserting ``section
1004(b)(1)(B)''; and
(D) in paragraph (9), by striking ``section 4'' and
inserting ``section 104''; and
(3) in section 1004 (112 Stat. 2681-712)--
(A) in subsection (b)(3)(B)(ii)(II), by striking
``section 4(a)'' and inserting ``section 1004(a)''; and
(B) in subsection (d)(2)(G), by striking ``section
6'' and inserting ``section 1006''.
TITLE V--INTERNATIONAL DEBT RELIEF
SEC. 501. ACTIONS TO PROVIDE BILATERAL DEBT RELIEF.
(a) Cancellation of Debt.--Subject to the availability of amounts
provided in advance in appropriations Acts, the President shall cancel
all amounts owed to the United States (or any agency of the United
States) by any country eligible for debt reduction under this section,
as a result of loans made or credits extended prior to June 20, 1999,
under any of the provisions of law specified in subsection (b).
(b) Provisions of Law.--The provisions of law referred to in
subsection (a) are the following:
(1) Sections 221 and 222 of the Foreign Assistance Act.
(2) The Arms Export Control Act (22 U.S.C. 2751 et seq.).
(3) Section 5(f ) of the Commodity Credit Corporation
Charter Act, section 201 of the Agricultural Trade Act of 1978
(7 U.S.C. 5621), or section 202 of such Act (7 U.S.C. 5622), or
predecessor provisions under the Food for Peace Act of 1966.
(4) Title I of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1701 et seq.).
(c) Other Debt Reduction Authorities.--The authority provided in
this section is in addition to any other debt relief authority and does
not in any way limit such authority.
(d) Eligible Countries.--A country that is performing satisfactorily
under an economic reform program shall be eligible for cancellation of
debt under this section if--
(1) the country, as of December 31, 2000, is eligible to
borrow from the International Development Association;
(2) the country, as of December 31, 2000, is not eligible to
borrow from the International Bank for Reconstruction and
Development; and
(3)(A) the country has outstanding public and publicly
guaranteed debt, the net present value of which on December 31,
1996, was at least 150 percent of the average annual value of
the exports of the country for the period 1994 through 1996; or
(B)(i) the country has outstanding public and publicly
guaranteed debt, the net present value of which, as of the date
the President determines that the country is eligible for debt
relief under this section, is at least 150 percent of the annual
value of the exports of the country; or
[[Page 113 STAT. 1501A-312]]
(ii) the country has outstanding public and publicly
guaranteed debt, the net present value of which, as of the date
the President determines that the country is eligible for debt
relief under this section, is at least 250 percent of the annual
fiscal revenues of the country, and has minimum ratios of
exports to Gross Domestic Product of 30 percent, and of fiscal
revenues to Gross Domestic Product of 15 percent.
(e) Priority.--In carrying out subsection (a), the President should
seek to leverage scarce foreign assistance and give priority to heavily
indebted poor countries with demonstrated need and the capacity to use
such relief effectively.
(f ) Exceptions.--A country shall not be eligible for cancellation
of debt under this section if the government of the country--
(1) has an excessive level of military expenditures;
(2) has repeatedly provided support for acts of
international terrorism, as determined by the Secretary of State
under section 6( j)(1) of the Export Administration Act of 1979
(50 U.S.C. App. 2405( j)(1)) or section 620A(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371(a));
(3) is failing to cooperate on international narcotics
control matters; or
(4) (including its military or other security forces),
engages in a consistent pattern of gross violations of
internationally recognized human rights.
(g) Additional Requirement.--A country which is otherwise eligible
to receive cancellation of debt under this section may receive such
cancellation only if the country has committed, in connection with a
social and economic reform program--
(1) to enable, facilitate, or encourage the implementation
of policy changes and institutional reforms under economic
reform programs, in a manner that ensures that such policy
changes and institutional reforms are designed and adopted
through transparent and participatory processes;
(2) to adopt an integrated development strategy of the type
described in section 1624(a) of the International Financial
Institutions Act, to support poverty reduction through economic
growth, that includes monitorable poverty reduction goals;
(3) to take steps so that the financial benefits of debt
relief are applied to programs to combat poverty (in particular
through concrete measures to improve economic infrastructure,
basic services in education, nutrition, and health, particularly
treatment and prevention of the leading causes of mortality) and
to redress environmental degradation;
(4) to take steps to strengthen and expand the private
sector, encourage increased trade and investment, support the
development of free markets, and promote broad-scale economic
growth;
(5) to implement transparent policy making and budget
procedures, good governance, and effective anticorruption
measures;
(6) to broaden public participation and popular
understanding of the principles and goals of poverty reduction,
particularly through economic growth, and good governance; and
(7) to promote the participation of citizens and
nongovernmental organizations in the economic policy choices of
the government.
[[Page 113 STAT. 1501A-313]]
(h) Certain Prohibitions Inapplicable.--Except as the President may
otherwise determine for reasons of national security, a cancellation of
debt under this section shall not be considered to be assistance for
purposes of any provision of law limiting assistance to a country. The
authority to provide for cancellation of debt under this section may be
exercised notwithstanding section 620(r) of the Foreign Assistance Act
of 1961, or any similar provision of law.
(i) Authorization of Appropriations.--For the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990) of the
cancellation of any debt under this section, there are authorized to be
appropriated to the President such sums as may be necessary for each of
the fiscal years 2000 through 2004, which shall remain available until
expended.
( j) Annual Reports to the Congress.--Not later than December 31 of
each year, the President shall prepare and transmit to the Committees on
Banking and Financial Services, Appropriations, and International
Relations of the House of Representatives, and the Committees on
Banking, Housing, and Urban Affairs, Foreign Relations, and
Appropriations of the Senate a report, which shall be made available to
the public, concerning the cancellation of debt under subsection (a),
and a detailed description of debt relief provided by the United States
as a member of the Paris Club of Official Creditors for the prior fiscal
year.
SEC. 502. ACTIONS TO IMPROVE THE PROVISION OF MULTILATERAL DEBT RELIEF.
Title XVI of the International Financial Institutions Act (22 U.S.C.
262p-262p-5) is amended by adding at the end the following:
``SEC. 1623. IMPROVEMENT OF THE HEAVILY INDEBTED POOR COUNTRIES
INITIATIVE.
``(a) Improvement of the HIPC Initiative.--In order to accelerate
multilateral debt relief and promote human and economic development and
poverty alleviation in heavily indebted poor countries, the Congress
urges the President to commence immediately efforts, with the Paris Club
of Official Creditors, as well as the International Monetary Fund (IMF),
the International Bank for Reconstruction and Development (World Bank),
and other appropriate multilateral development institutions to
accomplish the following modifications to the Heavily Indebted Poor
Countries Initiative:
``(1) Focus on poverty reduction, good governance,
transparency, and participation of citizens.--A country which is
otherwise eligible to receive cancellation of debt under the
modified Heavily Indebted Poor Countries Initiative may receive
such cancellation only if the country has committed, in
connection with social and economic reform programs that are
jointly developed, financed, and administered by the World Bank
and the IMF--
``(A) to enable, facilitate, or encourage the
implementation of policy changes and institutional
reforms under economic reform programs, in a manner that
ensures that such policy changes and institutional
reforms are designed and adopted through transparent and
participatory processes;
[[Page 113 STAT. 1501A-314]]
``(B) to adopt an integrated development strategy to
support poverty reduction through economic growth, that
includes monitorable poverty reduction goals;
``(C) to take steps so that the financial benefits
of debt relief are applied to programs to combat poverty
(in particular through concrete measures to improve
economic infrastructure, basic services in education,
nutrition, and health, particularly treatment and
prevention of the leading causes of mortality) and to
redress environmental degradation;
``(D) to take steps to strengthen and expand the
private sector, encourage increased trade and
investment, support the development of free markets, and
promote broad-scale economic growth;
``(E) to implement transparent policy making and
budget procedures, good governance, and effective
anticorruption measures;
``(F) to broaden public participation and popular
understanding of the principles and goals of poverty
reduction, particularly through economic growth, and
good governance; and
``(G) to promote the participation of citizens and
nongovernmental organizations in the economic policy
choices of the government.
``(2) Faster debt relief.--The Secretary of the Treasury
should urge the IMF and the World Bank to complete a debt
sustainability analysis by December 31, 2000, and determine
eligibility for debt relief, for as many of the countries under
the modified Heavily Indebted Poor Countries Initiative as
possible.
``(b) Heavily Indebted Poor Countries Review.--The Secretary of the
Treasury, after consulting with the Committees on Banking and Financial
Services and International Relations of the House of Representatives,
and the Committees on Foreign Relations and Banking, Housing, and Urban
Affairs of the Senate, shall make every effort (including instructing
the United States Directors at the IMF and World Bank) to ensure that an
external assessment of the modified Heavily Indebted Poor Countries
Initiative, including the reformed Enhanced Structural Adjustment
Facility program as it relates to that Initiative, takes place by
December 31, 2001, incorporating the views of debtor governments and
civil society, and that such assessment be made public.
``(c) Definition.--The term `modified Heavily Indebted Poor
Countries Initiative' means the multilateral debt initiative presented
in the Report of G-7 Finance Ministers on the Koln Debt Initiative to
the Koln Economic Summit, Cologne, Germany, held from June 18-20, 1999.
``SEC. 1624. REFORM OF THE ENHANCED STRUCTURAL ADJUSTMENT FACILITY.
``The Secretary of the Treasury shall instruct the United States
Executive Directors at the International Bank for Reconstruction and
Development (World Bank) and the International Monetary Fund (IMF) to
use the voice and vote of the United States to promote the establishment
of poverty reduction strategy policies and procedures at the World Bank
and the IMF that support
[[Page 113 STAT. 1501A-315]]
countries' efforts under programs developed and jointly administered by
the World Bank and the IMF that have the following components:
``(1) The development of country-specific poverty reduction
strategies (Poverty Reduction Strategies) under the leadership
of such countries that--
``(A) will be set out in poverty reduction strategy
papers (PRSPs) that provide the basis for the lending
operations of the International Development Association
(IDA) and the reformed Enhanced Structural Adjustment
Facility (ESAF);
``(B) will reflect the World Bank's role in poverty
reduction and the IMF's role in macroeconomic issues;
``(C) will make the IMF's and the World Bank's
advice and operations fully consistent with the
objectives of poverty reduction through broad-based
economic growth; and
``(D) should include--
``(i) implementation of transparent budgetary
procedures and mechanisms to help ensure that the
financial benefits of debt relief under the
modified Heavily Indebted Poor Countries
Initiative (as defined in section 1623) are
applied to programs that combat poverty; and
``(ii) monitorable indicators of progress in
poverty reduction.
``(2) The adoption of procedures for periodic comprehensive
reviews of reformed ESAF and IDA programs to help ensure
progress toward longer-term poverty goals outlined in the
Poverty Reduction Strategies and to allow adjustments in such
programs.
``(3) The publication of the PRSPs prior to Executive Board
review of related programs under IDA and the reformed ESAF.
``(4) The establishment of a standing evaluation unit at the
IMF, similar to the Operations Evaluation Department of the
World Bank, that would report directly to the Executive Board of
the IMF and that would undertake periodic reviews of IMF
operations, including the operations of the reformed ESAF,
including--
``(A) assessments of experience under the reformed
ESAF programs in the areas of poverty reduction,
economic growth, and access to basic social services;
``(B) assessments of the extent and quality of
participation in program design by citizens;
``(C) verifications that reformed ESAF programs are
designed in a manner consistent with the Poverty
Reduction Strategies; and
``(D) prompt release to the public of all reviews by
the standing evaluation unit.
``(5) The promotion of clearer conditionality in IDA and
reformed ESAF programs that focuses on reforms most likely to
support poverty reduction through broad-based economic growth.
``(6) The adoption by the IMF of policies aimed at reforming
ESAF so that reformed ESAF programs are consistent with the
Poverty Reduction Strategies.
``(7) The adoption by the World Bank of policies to help
ensure that its lending operations in countries eligible for
debt
[[Page 113 STAT. 1501A-316]]
relief under the modified Heavily Indebted Poor Countries
Initiative are consistent with the Poverty Reduction Strategies.
``(8) Strengthening the linkage between borrower country
performance and lending operations by IDA and the reformed ESAF
on the basis of clear and monitorable indictors.
``(9) Full public disclosure of the proposed objectives and
financial organization of the successor to the ESAF at least 90
days before any decision by the Executive Board of the IMF to
consider its adoption.''.
SEC. 503. ACTIONS TO FUND THE PROVISION OF MULTILATERAL DEBT RELIEF.
(a) Contributions for Debt Reductions for the Poorest Countries.--
The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is amended by
adding at the end the following:
``SEC. 62. APPROVAL OF CONTRIBUTIONS FOR DEBT REDUCTIONS FOR THE POOREST
COUNTRIES.
``For the purpose of mobilizing the resources of the Fund in order
to help reduce poverty and improve the lives of residents of poor
countries and, in particular, to allow those poor countries with
unsustainable debt burdens to receive deeper, broader, and faster debt
relief, without allowing gold to reach the open market or otherwise
adversely affecting the market price of gold, the Secretary of the
Treasury is authorized to instruct the United States Executive Director
of the Fund to vote--
``(1) to approve an arrangement whereby the Fund--
``(A) sells a quantity of its gold at prevailing
market prices to a member or members in nonpublic
transactions sufficient to generate 2.226 billion
Special Drawing Rights in profits on such sales;
``(B) immediately after, and in conjunction with
each such sale, accepts payment by such member or
members of such gold to satisfy existing repurchase
obligations of such member or members so that the Fund
retains ownership of the gold at the conclusion of such
payment;
``(C) uses the earnings on the investment of the
profits of such sales through a separate subaccount,
only for the purpose of providing debt relief from the
Fund under the modified Heavily Indebted Poor Countries
(HIPC) Initiative (as defined in section 1623 of the
International Financial Institutions Act); and
``(D) shall not use more than \9/14\ of the earnings
on the investment of the profits of such sales; and
``(2) to support a decision that shall terminate the Special
Contingency Account 2 (SCA-2) of the Fund so that the funds in
the SCA-2 shall be made available to the poorest countries. Any
funds attributable to the United States participation in SCA-2
shall be used only for debt relief from the Fund under the
modified HIPC Initiative.''.
(b) Certification.--Within 15 days after the United States Executive
Director casts the votes necessary to carry out the instruction
described in section 62 of the Bretton Woods Agreements Act, the
Secretary of the Treasury shall certify to the Congress that neither the
profits nor the earnings on the investment of profits from the gold
sales made pursuant to the instruction or of the funds attributable to
United States participation in SCA-2 will be used to augment the
resources of any reserve account
[[Page 113 STAT. 1501A-317]]
of the International Monetary Fund for the purpose of making loans.
SEC. 504. ADDITIONAL PROVISIONS.
(a) Publication of IMF Operational Budgets.--The Secretary of the
Treasury shall instruct the United States Executive Director at the
International Monetary Fund to use the voice, vote, and influence of the
United States to urge vigorously the International Monetary Fund to
publish the operational budgets of the International Monetary Fund, on a
quarterly basis, not later than one year after the end of the period
covered by the budget.
(b) Report to the Congress Showing Costs of United States
Participation in the International Monetary Fund.--The Secretary of the
Treasury shall prepare and transmit to the Committees on Banking and
Financial Services, on Appropriations, and on International Relations of
the House of Representatives and the Committees on Banking, Housing, and
Urban Affairs, on Foreign Relations, and on Appropriations of the Senate
a quarterly report, which shall be made readily available to the public,
on the costs or benefits of United States participation in the
International Monetary Fund and which shall detail the costs and
benefits to the United States, as well as valuation gains or losses on
the United States reserve position in the International Monetary Fund.
(c) Continuation of Forgoing of Reimbursement of IMF for Expenses of
Administering ESAF.--The Secretary of the Treasury shall instruct the
United States Executive Director at the International Monetary Fund to
use the voice, vote, and influence of the United States to urge
vigorously the International Monetary Fund to continue to forgo
reimbursements of the expenses incurred by the International Monetary
Fund in administering the Enhanced Structural Adjustment Facility, until
the Heavily Indebted Poor Countries Initiative (as defined in section
1623 of the International Financial Institutions Act) is terminated.
(d) No Gold Sales by International Monetary Fund Without Prior
Authorization by the Congress.--(1) The first sentence of section 5 of
the Bretton Woods Agreements Act (22 U.S.C. 286c) is amended in clause
(g) by striking ``approve either the disposition of more than 25 million
ounces of Fund gold for the benefit of the Trust Fund established by the
Fund on May 6, 1976, or the establishment of any additional trust fund
whereby resources of the International Monetary Fund would be used for
the special benefit of a single member, or of a particular segment of
the membership, of the Fund.'' and inserting ``approve any disposition
of Fund gold, unless the Secretary certifies to the Congress that such
disposition is necessary for the Fund to restitute gold to its members,
or for the Fund to provide liquidity that will enable the Fund to meet
member country claims on the Fund or to meet threats to the systemic
stability of the international financial system.''.
(2) Not less than 30 days prior to the entrance by the United States
into international negotiations for the purpose of reaching agreement on
the disposition of Fund gold whereby resources of the Fund would be used
for the special benefit of a single member, or of a particular segment
of the membership of the Fund, the Secretary of the Treasury shall
consult with the Committees on
[[Page 113 STAT. 1501A-318]]
Banking and Financial Services, on Appropriations, and on International
Relations of the House of Representatives and the Committees on Foreign
Relations, on Appropriations, and on Banking, Housing and Urban Affairs
of the Senate.
(e) Annual Report by GAO on Consistency of IMF Practices With
Statutory Policies.--The Comptroller General of the United States shall
annually prepare and submit to the Congress of the United States a
written report on the extent to which the practices of the International
Monetary Fund are consistent with the policies of the United States, as
expressly contained in Federal law applicable to the International
Monetary Fund.
TITLE VI--SURVIVOR BENEFITS
SEC. 601. PAYMENT.
(a) Payment Authorization.--The Secretary of the Treasury shall pay,
out of funds not otherwise appropriated, $100,000 to the survivor, or
collectively the survivors, of each of the 14 members of the Armed
Forces and the one United States civilian Federal employee who were
killed on April 14, 1994, when United States F-15 fighter aircraft
mistakenly shot down two UH-60 Black Hawk helicopters over Iraq.
(b) Survivor Status.--
(1) Members of the armed forces insured by sgli.--In the
case of a member of the Armed Forces described in subsection (a)
who was insured by a Servicemembers' Group Life Insurance policy
(issued under chapter 19 of title 38, United States Code), a
survivor of such member for the purposes of subsection (a) shall
be any person designated as a beneficiary on the individual's
policy.
(2) Individuals not insured by sgli.--In the case of a
member of the Armed Forces described in subsection (a) who was
not insured by a Servicemembers' Group Life Insurance policy
(issued under chapter 19 of title 38, United States Code) or the
civilian Federal employee described in subsection (a), a
survivor of such member or employee for the purposes of
subsection (a) shall be any person determined to be a survivor
by the Secretary of the Treasury using the provisions of section
5582(b) of title 5, United States Code.
SEC. 602. LIMITATION ON TOTAL AMOUNT OF PAYMENT.
Not more than a total of $1,500,000 may be paid to survivors under
section 1.
SEC. 603. LIMITATION ON ATTORNEY FEES.
Notwithstanding any contract, no representative of a survivor may
receive more than 10 percent of a payment made under section 1 for
services rendered in connection with the survivor's claim for such
payment. Any person who violates this section shall be guilty of an
infraction and shall be subject to a fine in the amount provided in
title 18, United States Code.
SEC. 604. REPORT.
Not later than 6 months after the date of the enactment of this Act,
the Secretary of the Treasury shall transmit to the Congress a report
describing the payments made under section 1.
[[Page 113 STAT. 1501A-319]]
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Grant of Naturalization to Petra Lovetinska. (a) In
General.--Notwithstanding any other provision of law, Petra Lovetinska
shall be naturalized as a citizen of the United States upon the filing
of the appropriate application and upon being administered the oath of
renunciation and allegiance in an appropriate ceremony pursuant to
section 337 of the Immigration and Nationality Act.
(b) Deadline for Application and Payment of Fees.--Subsection (a)
shall apply only if the application for naturalization is filed with
appropriate fees within 1 year after the date of the enactment of this
Act.
Sec. 702. Trade Adjustment Assistance. (a) Assistance for Workers.--
Section 245 of the Trade Act of 1974 (19 U.S.C. 2317) is amended--
(1) in subsection (a), by striking ``June 30, 1999'' and
inserting ``September 30, 2001''; and
(2) in subsection (b), by striking ``June 30, 1999'' and
inserting ``September 30, 2001''.
(b) NAFTA Transitional Program.--Section 250(d)(2) of the Trade Act
of 1974 (19 U.S.C. 2331(d)(2)) is amended by striking ``the period
beginning October 1, 1998, and ending June 30, 1999, shall not exceed
$15,000,000'' and inserting ``the period beginning October 1, 1998, and
ending September 30, 2001, shall not exceed $30,000,000 for any fiscal
year''.
(c) Adjustment for Firms.--Section 256(b) of the Trade Act of 1974
(19 U.S.C. 2346(b)) is amended by striking ``June 30, 1999'' and
inserting ``September 30, 2001''.
(d) Termination.--Section 285(c) of the Trade Act of 1974 (19 U.S.C.
2271 note preceding) is amended by striking ``June 30, 1999'' each place
it appears and inserting ``September 30, 2001''.
(e) Effective Date.--The amendments made by this section shall be
effective as of July 1, 1999.
[[Page 113 STAT. 1501A-321]]
APPENDIX F--H.R. 3426
SECTION 1. SHORT TITLE; AMENDMENTS TO SOCIAL SECURITY ACT; REFERENCES TO
BBA; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare, Medicaid,
and SCHIP Balanced Budget Refinement Act of 1999''.
(b) Amendments to Social Security Act.--Except as otherwise
specifically provided, whenever in this Act an amendment 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 that section or other
provision of the Social Security Act.
(c) References to the Balanced Budget Act of 1997.--In this Act, the
term ``BBA'' means the Balanced Budget Act of 1997 (Public Law 105-33).
(d) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; amendments to Social Security Act; references to
BBA; table of contents.
TITLE I--PROVISIONS RELATING TO PART A
Subtitle A--Adjustments to PPS Payments for Skilled Nursing Facilities
Sec. 101. Temporary increase in payment for certain high cost patients.
Sec. 102. Authorizing facilities to elect immediate transition to
Federal rate.
Sec. 103. Part A pass-through payment for certain ambulance services,
prostheses, and chemotherapy drugs.
Sec. 104. Provision for part B add-ons for facilities participating in
the NHCMQ demonstration project.
Sec. 105. Special consideration for facilities serving specialized
patient populations.
Sec. 106. MedPAC study on special payment for facilities located in
Hawaii and Alaska.
Sec. 107. Study and report regarding State licensure and certification
standards and respiratory therapy competency examinations.
Subtitle B--PPS Hospitals
Sec. 111. Modification in transition for indirect medical education
(IME) percentage adjustment.
Sec. 112. Decrease in reductions for disproportionate share hospitals;
data collection requirements.
Subtitle C--PPS-Exempt Hospitals
Sec. 121. Wage adjustment of percentile cap for PPS-exempt hospitals.
Sec. 122. Enhanced payments for long-term care and psychiatric hospitals
until development of prospective payment systems for those
hospitals.
Sec. 123. Per discharge prospective payment system for long-term care
hospitals.
Sec. 124. Per diem prospective payment system for psychiatric hospitals.
Sec. 125. Refinement of prospective payment system for inpatient
rehabilitation services.
Subtitle D--Hospice Care
Sec. 131. Temporary increase in payment for hospice care.
Sec. 132. Study and report to Congress regarding modification of the
payment rates for hospice care.
[[Page 113 STAT. 1501A-322]]
Subtitle E--Other Provisions
Sec. 141. MedPAC study on medicare payment for nonphysician health
professional clinical training in hospitals.
Subtitle F--Transitional Provisions
Sec. 151. Exception to CMI qualifier for one year.
Sec. 152. Reclassification of certain counties and other areas for
purposes of reimbursement under the medicare program.
Sec. 153. Wage index correction.
Sec. 154. Calculation and application of wage index floor for a certain
area.
Sec. 155. Special rule for certain skilled nursing facilities.
TITLE II--PROVISIONS RELATING TO PART B
Subtitle A--Hospital Outpatient Services
Sec. 201. Outlier adjustment and transitional pass-through for certain
medical devices, drugs, and biologicals.
Sec. 202. Establishing a transitional corridor for application of OPD
PPS.
Sec. 203. Study and report to Congress regarding the special treatment
of rural and cancer hospitals in prospective payment system
for hospital outpatient department services.
Sec. 204. Limitation on outpatient hospital copayment for a procedure to
the hospital deductible amount.
Subtitle B--Physician Services
Sec. 211. Modification of update adjustment factor provisions to reduce
update oscillations and require estimate revisions.
Sec. 212. Use of data collected by organizations and entities in
determining practice expense relative values.
Sec. 213. GAO study on resources required to provide safe and effective
outpatient cancer therapy.
Subtitle C--Other Services
Sec. 221. Revision of provisions relating to therapy services.
Sec. 222. Update in renal dialysis composite rate.
Sec. 223. Implementation of the inherent reasonableness (IR) authority.
Sec. 224. Increase in reimbursement for pap smears.
Sec. 225. Refinement of ambulance services demonstration project.
Sec. 226. Phase-in of PPS for ambulatory surgical centers.
Sec. 227. Extension of medicare benefits for immunosuppressive drugs.
Sec. 228. Temporary increase in payment rates for durable medical
equipment and oxygen.
Sec. 229. Studies and reports.
TITLE III--PROVISIONS RELATING TO PARTS A AND B
Subtitle A--Home Health Services
Sec. 301. Adjustment to reflect administrative costs not included in the
interim payment system; GAO report on costs of compliance
with OASIS data collection requirements.
Sec. 302. Delay in application of 15 percent reduction in payment rates
for home health services until one year after implementation
of prospective payment system.
Sec. 303. Increase in per beneficiary limits.
Sec. 304. Clarification of surety bond requirements.
Sec. 305. Refinement of home health agency consolidated billing.
Sec. 306. Technical amendment clarifying applicable market basket
increase for PPS.
Sec. 307. Study and report to Congress regarding the exemption of rural
agencies and populations from inclusion in the home health
prospective payment system.
Subtitle B--Direct Graduate Medical Education
Sec. 311. Use of national average payment methodology in computing
direct graduate medical education (DGME) payments.
Sec. 312. Initial residency period for child neurology residency
training programs.
Subtitle C--Technical Corrections
Sec. 321. BBA technical corrections.
[[Page 113 STAT. 1501A-323]]
TITLE IV--RURAL PROVIDER PROVISIONS
Subtitle A--Rural Hospitals
Sec. 401. Permitting reclassification of certain urban hospitals as
rural hospitals.
Sec. 402. Update of standards applied for geographic reclassification
for certain hospitals.
Sec. 403. Improvements in the critical access hospital (CAH) program.
Sec. 404. 5-year extension of medicare dependent hospital (MDH) program.
Sec. 405. Rebasing for certain sole community hospitals.
Sec. 406. One year sole community hospital payment increase.
Sec. 407. Increased flexibility in providing graduate physician training
in rural and other areas.
Sec. 408. Elimination of certain restrictions with respect to hospital
swing bed program.
Sec. 409. Grant program for rural hospital transition to prospective
payment.
Sec. 410. GAO study on geographic reclassification.
Subtitle B--Other Rural Provisions
Sec. 411. MedPAC study of rural providers.
Sec. 412. Expansion of access to paramedic intercept services in rural
areas.
Sec. 413. Promoting prompt implementation of informatics, telemedicine,
and education demonstration project.
TITLE V--PROVISIONS RELATING TO PART C (MEDICARE+CHOICE PROGRAM) AND
OTHER MEDICARE MANAGED CARE PROVISIONS
Subtitle A--Provisions To Accommodate and Protect Medicare Beneficiaries
Sec. 501. Changes in Medicare+Choice enrollment rules.
Sec. 502. Change in effective date of elections and changes of elections
of Medicare+Choice plans.
Sec. 503. 2-year extension of medicare cost contracts.
Subtitle B--Provisions To Facilitate Implementation of the
Medicare+Choice Program
Sec. 511. Phase-in of new risk adjustment methodology; studies and
reports on risk adjustment.
Sec. 512. Encouraging offering of Medicare+Choice plans in areas without
plans.
Sec. 513. Modification of 5-year re-entry rule for contract
terminations.
Sec. 514. Continued computation and publication of medicare original
fee-for-service expenditures on a county-specific basis.
Sec. 515. Flexibility to tailor benefits under Medicare+Choice plans.
Sec. 516. Delay in deadline for submission of adjusted community rates.
Sec. 517. Reduction in adjustment in national per capita Medicare+Choice
growth percentage for 2002.
Sec. 518. Deeming of Medicare+Choice organization to meet requirements.
Sec. 519. Timing of Medicare+Choice health information fairs.
Sec. 520. Quality assurance requirements for preferred provider
organization plans.
Sec. 521. Clarification of nonapplicability of certain provisions of
discharge planning process to Medicare+Choice plans.
Sec. 522. User fee for Medicare+Choice organizations based on number of
enrolled beneficiaries.
Sec. 523. Clarification regarding the ability of a religious fraternal
benefit society to operate any Medicare+Choice plan.
Sec. 524. Rules regarding physician referrals for Medicare+Choice
program.
Subtitle C--Demonstration Projects and Special Medicare Populations
Sec. 531. Extension of social health maintenance organization
demonstration (SHMO) project authority.
Sec. 532. Extension of medicare community nursing organization
demonstration project.
Sec. 533. Medicare+Choice competitive bidding demonstration project.
Sec. 534. Extension of medicare municipal health services demonstration
projects.
Sec. 535. Medicare coordinated care demonstration project.
Sec. 536. Medigap protections for PACE program enrollees.
Subtitle D--Medicare+Choice Nursing and Allied Health Professional
Education Payments
Sec. 541. Medicare+Choice nursing and allied health professional
education payments.
Subtitle E--Studies and Reports
Sec. 551. Report on accounting for VA and DOD expenditures for medicare
beneficiaries.
[[Page 113 STAT. 1501A-324]]
Sec. 552. Medicare Payment Advisory Commission studies and reports.
Sec. 553. GAO studies, audits, and reports.
TITLE VI--MEDICAID
Sec. 601. Increase in DSH allotment for certain States and the District
of Columbia.
Sec. 602. Removal of fiscal year limitation on certain transitional
administrative costs assistance.
Sec. 603. Modification of the phase-out of payment for Federally-
qualified health center services and rural health clinic
services based on reasonable costs.
Sec. 604. Parity in reimbursement for certain utilization and quality
control services; elimination of duplicative requirements for
external quality review of medicaid managed care
organizations.
Sec. 605. Inapplicability of enhanced match under the State children's
health insurance program to medicaid DSH payments.
Sec. 606. Optional deferment of the effective date for outpatient drug
agreements.
Sec. 607. Making medicaid DSH transition rule permanent.
Sec. 608. Medicaid technical corrections.
TITLE VII--STATE CHILDREN'S HEALTH INSURANCE PROGRAM (SCHIP)
Sec. 701. Stabilizing the State children's health insurance program
allotment formula.
Sec. 702. Increased allotments for territories under the State
children's health insurance program.
Sec. 703. Improved data collection and evaluations of the State
children's health insurance program.
Sec. 704. References to SCHIP and State children's health insurance
program.
Sec. 705. SCHIP technical corrections.
TITLE I--PROVISIONS RELATING TO PART A
Subtitle A--Adjustments to PPS Payments for Skilled Nursing Facilities
SEC. 101. TEMPORARY INCREASE IN PAYMENT FOR CERTAIN HIGH COST PATIENTS.
(a) Adjustment for Medically Complex Patients Until Establishment of
Refined Case-Mix Adjustment.--For purposes of computing payments for
covered skilled nursing facility services under paragraph (1) of section
1888(e) of the Social Security Act (42 U.S.C. 1395yy(e)) for such
services furnished on or after April 1, 2000, and before the date
described in subsection (c), the Secretary of Health and Human Services
shall increase by 20 percent the adjusted Federal per diem rate
otherwise determined under paragraph (4) of such section (but for this
section) for covered skilled nursing facility services for RUG-III
groups described in subsection (b) furnished to an individual during the
period in which such individual is classified in such a RUG-III
category.
(b) Groups Described.--The RUG-III groups for which the adjustment
described in subsection (a) applies are SE3, SE2, SE1, SSC, SSB, SSA,
CC2, CC1, CB2, CB1, CA2, CA1, RHC, RMC, and RMB as specified in Tables 3
and 4 of the final rule published in the Federal Register by the Health
Care Financing Administration on July 30, 1999 (64 Fed. Reg. 41684).
(c) Date Described.--For purposes of subsection (a), the date
described in this subsection is the later of--
(1) October 1, 2000; or
(2) the date on which the Secretary implements a refined
case mix classification system under section 1888(e)(4)(G)(i)
[[Page 113 STAT. 1501A-325]]
of the Social Security Act (42 U.S.C. 1395yy(e)(4)(G)(i)) to
better account for medically complex patients.
(d) Increase for Fiscal Years 2001 and 2002.--
(1) In general.--For purposes of computing payments for
covered skilled nursing facility services under paragraph (1) of
section 1888(e) of the Social Security Act (42 U.S.C. 1395yy(e))
for covered skilled nursing facility services furnished during
fiscal years 2001 and 2002, the Secretary of Health and Human
Services shall increase by 4.0 percent for each such fiscal year
the adjusted Federal per diem rate otherwise determined under
paragraph (4) of such section (but for this section).
(2) Additional payment not built into the base.--The
Secretary of Health and Human Services shall not include any
additional payment made under this subsection in updating the
Federal per diem rate under section 1888(e)(4) of that Act (42
U.S.C. 1395yy(e)(4)).
SEC. 102. AUTHORIZING FACILITIES TO ELECT IMMEDIATE TRANSITION TO
FEDERAL RATE.
(a) In General.--Section 1888(e) (42 U.S.C. 1395yy(e)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``paragraph (7)'' and inserting ``paragraphs
(7) and (11)''; and
(2) by adding at the end the following new paragraph:
``(11) Permitting facilities to waive 3-year transition.--
Notwithstanding paragraph (1)(A), a facility may elect to have
the amount of the payment for all costs of covered skilled
nursing facility services for each day of such services
furnished in cost reporting periods beginning no earlier than 30
days before the date of such election determined pursuant to
paragraph (1)(B).''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to elections made on or after December 15, 1999, except that no
election shall be effective under such amendments for a cost reporting
period beginning before January 1, 2000.
SEC. 103. PART A PASS-THROUGH PAYMENT FOR CERTAIN AMBULANCE SERVICES,
PROSTHESES, AND CHEMOTHERAPY DRUGS.
(a) In General.--Section 1888(e) (42 U.S.C. 1395yy(e)) is amended--
(1) in paragraph (2)(A)(i)(II), by striking ``services
described in clause (ii)'' and inserting ``items and services
described in clauses (ii) and (iii)'';
(2) by adding at the end of paragraph (2)(A) the following
new clause:
``(iii) Exclusion of certain additional items
and services.--Items and services described in
this clause are the following:
``(I) Ambulance services furnished
to an individual in conjunction with
renal dialysis services described in
section 1861(s)(2)(F).
``(II) Chemotherapy items
(identified as of July 1, 1999, by HCPCS
codes J9000-J9020; J9040-J9151; J9170-
J9185; J9200-J9201; J9206-J9208; J9211;
J9230-J9245; and J9265-J9600 (and as
subsequently modified by the Secretary))
and any
[[Page 113 STAT. 1501A-326]]
additional chemotherapy items identified
by the Secretary.
``(III) Chemotherapy administration
services (identified as of July 1, 1999,
by HCPCS codes 36260-36262; 36489;
36530-36535; 36640; 36823; and 96405-
96542 (and as subsequently modified by
the Secretary)) and any additional
chemotherapy administration services
identified by the Secretary.
``(IV) Radioisotope services
(identified as of July 1, 1999, by HCPCS
codes 79030-79440 (and as subsequently
modified by the Secretary)) and any
additional radioisotope services
identified by the Secretary.
``(V) Customized prosthetic devices
(commonly known as artificial limbs or
components of artificial limbs) under
the following HCPCS codes (as of July 1,
1999 (and as subsequently modified by
the Secretary)), and any additional
customized prosthetic devices identified
by the Secretary, if delivered to an
inpatient for use during the stay in the
skilled nursing facility and intended to
be used by the individual after
discharge from the facility: L5050-
L5340; L5500-L5611; L5613-L5986; L5988;
L6050-L6370; L6400-L6880; L6920-L7274;
and L7362-7366.''; and
(3) by adding at the end of paragraph (9) the following:
``In the case of an item or service described in clause (iii) of
paragraph (2)(A) that would be payable under part A but for the
exclusion of such item or service under such clause, payment
shall be made for the item or service, in an amount otherwise
determined under part B of this title for such item or service,
from the Federal Hospital Insurance Trust Fund under section
1817 (rather than from the Federal Supplementary Medical
Insurance Trust Fund under section 1841).''.
(b) Conforming for Budget Neutrality Beginning With Fiscal Year
2001.--
(1) In general.--Section 1888(e)(4)(G) (42 U.S.C.
1395yy(e)(4)(G)) is amended by adding at the end the following
new clause:
``(iii) Adjustment for exclusion of certain
additional items and services.--The Secretary
shall provide for an appropriate proportional
reduction in payments so that beginning with
fiscal year 2001, the aggregate amount of such
reductions is equal to the aggregate increase in
payments attributable to the exclusion effected
under clause (iii) of paragraph (2)(A).''.
(2) Conforming amendment.--Section 1888(e)(8)(A) (42 U.S.C.
1395yy(e)(8)(A)) is amended by striking ``and adjustments for
variations in labor-related costs under paragraph (4)(G)(ii)''
and inserting ``adjustments for variations in labor-related
costs under paragraph (4)(G)(ii), and adjustments under
paragraph (4)(G)(iii)''.
(c) Effective Date.--The amendments made by subsection (a) shall
apply to payments made for items and services furnished on or after
April 1, 2000.
[[Page 113 STAT. 1501A-327]]
SEC. 104. PROVISION FOR PART B ADD-ONS FOR FACILITIES PARTICIPATING IN
THE NHCMQ DEMONSTRATION PROJECT.
(a) In General.--Section 1888(e)(3) (42 U.S.C. 1395yy(e)(3)) is
amended--
(1) in subparagraph (A)--
(A) in clause (i), by inserting ``or, in the case of
a facility participating in the Nursing Home Case-Mix
and Quality Demonstration (RUGS-III), the RUGS-III rate
received by the facility during the cost reporting
period beginning in 1997'' after ``to non-settled cost
reports''; and
(B) in clause (ii), by striking ``furnished during
such period'' and inserting ``furnished during the
applicable cost reporting period described in clause
(i)''; and
(2) by striking subparagraph (B) and inserting the following
new subparagraph:
``(B) Update to first cost reporting period.--The
Secretary shall update the amount determined under
subparagraph (A), for each cost reporting period after
the applicable cost reporting period described in
subparagraph (A)(i) and up to the first cost reporting
period by a factor equal to the skilled nursing facility
market basket percentage increase minus 1.0 percentage
point.''.
(b) Effective Date.--The amendments made by subsection (a) shall be
effective as if included in the enactment of section 4432(a) of BBA.
SEC. 105. SPECIAL CONSIDERATION FOR FACILITIES SERVING SPECIALIZED
PATIENT POPULATIONS.
(a) In General.--Section 1888(e) (42 U.S.C. 1395yy(e)), as amended
by section 102(a)(1), is further amended--
(1) in paragraph (1), by striking ``subject to paragraphs
(7) and (11)'' and inserting ``subject to paragraphs (7), (11),
and (12)''; and
(2) by adding at the end the following new paragraph:
``(12) Payment rule for certain facilities.--
``(A) In general.--In the case of a qualified acute
skilled nursing facility described in subparagraph (B),
the per diem amount of payment shall be determined by
applying the non-Federal percentage and Federal
percentage specified in paragraph (2)(C)(ii).
``(B) Facility described.--For purposes of
subparagraph (A), a qualified acute skilled nursing
facility is a facility that--
``(i) was certified by the Secretary as a
skilled nursing facility eligible to furnish
services under this title before July 1, 1992;
``(ii) is a hospital-based facility; and
``(iii) for the cost reporting period
beginning in fiscal year 1998, the facility had
more than 60 percent of total patient days
comprised of patients who are described in
subparagraph (C).
``(C) Description of patients.--For purposes of
subparagraph (B), a patient described in this
subparagraph is an individual who--
``(i) is entitled to benefits under part A;
and
[[Page 113 STAT. 1501A-328]]
``(ii) is immuno-compromised secondary to an
infectious disease, with specific diagnoses as
specified by the Secretary.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply for the period beginning on the date on which the first cost
reporting period of the facility begins after the date of the enactment
of this Act and ending on September 30, 2001, and applies to skilled
nursing facilities furnishing covered skilled nursing facility services
on the date of the enactment of this Act for which payment is made under
title XVIII of the Social Security Act.
(c) Report to Congress.--Not later than March 1, 2001, the Secretary
of Health and Human Services shall assess the resource use of patients
of skilled nursing facilities furnishing services under the medicare
program who are immuno-compromised secondary to an infectious disease,
with specific diagnoses as specified by the Secretary (under paragraph
(12)(C), as added by subsection (a), of section 1888(e) of the Social
Security Act (42 U.S.C. 1395yy(e))) to determine whether any permanent
adjustments are needed to the RUGs to take into account the resource
uses and costs of these patients.
SEC. 106. MEDPAC STUDY ON SPECIAL PAYMENT FOR FACILITIES LOCATED IN
HAWAII AND ALASKA.
(a) In General.--The Medicare Payment Advisory Commission shall
conduct a study of skilled nursing facilities furnishing covered skilled
nursing facility services (as defined in section 1888(e)(2)(A) of the
Social Security Act (42 U.S.C. 1395yy(e)(2)(A)) to determine the need
for an additional payment amount under section 1888(e)(4)(G) of such Act
(42 U.S.C. 1395yy(e)(4)(G)) to take into account the unique
circumstances of skilled nursing facilities located in Alaska and
Hawaii.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Medicare Payment Advisory Commission shall
submit a report to Congress on the study conducted under subsection (a).
SEC. 107. STUDY AND REPORT REGARDING STATE LICENSURE AND CERTIFICATION
STANDARDS AND RESPIRATORY THERAPY COMPETENCY EXAMINATIONS.
(a) Study.--The Secretary of Health and Human Services shall conduct
a study that--
(1) identifies variations in State licensure and
certification standards for health care providers (including
nursing and allied health professionals) and other individuals
providing respiratory therapy in skilled nursing facilities;
(2) examines State requirements relating to respiratory
therapy competency examinations for such providers and
individuals; and
(3) determines whether regular respiratory therapy
competency examinations or certifications should be required
under the medicare program under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) for such providers and
individuals.
(b) Report.--Not later than 18 months after the date of enactment of
this Act, the Secretary of Health and Human Services shall submit to
Congress a report on the results of the study conducted under this
section, together with any recommendations
[[Page 113 STAT. 1501A-329]]
for legislation that the Secretary determines to be appropriate as a
result of such study.
Subtitle B--PPS Hospitals
SEC. 111. MODIFICATION IN TRANSITION FOR INDIRECT MEDICAL EDUCATION
(IME) PERCENTAGE ADJUSTMENT.
(a) In General.--Section 1886(d)(5)(B)(ii) (42 U.S.C.
1395ww(d)(5)(B)(ii)) is amended--
(1) in subclause (IV), by striking ``and'' at the end;
(2) by redesignating subclause (V) as subclause (VI);
(3) by inserting after subclause (IV) the following new
subclause:
``(V) during fiscal year 2001, `c' is equal to
1.54; and''; and
(4) in subclause (VI), as so redesignated, by striking
``2000'' and inserting ``2001''.
(b) Special Payments To Maintain 6.5 Percent IME Payment for Fiscal
Year 2000.--
(1) Additional payment.--In addition to payments made to
each subsection (d) hospital (as defined in section
1886(d)(1)(B) of the Social Security Act (42 U.S.C.
1395ww(d)(1)(B)) under section 1886(d)(5)(B) of such Act (42
U.S.C. 1395ww(d)(5)(B))) which receives payment for the direct
costs of medical education for discharges occurring in fiscal
year 2000, the Secretary of Health and Human Services shall make
one or more payments to each such hospital in an amount which,
as estimated by the Secretary, is equal in the aggregate to the
difference between the amount of payments to the hospital under
such section for such discharges and the amount of payments that
would have been paid under such section for such discharges if
``c'' in clause (ii)(IV) of such section equalled 1.6 rather
than 1.47. Additional payments made under this subsection shall
be made applying the same structure as applies to payments made
under section 1886(d)(5)(B) of such Act.
(2) No effect on other payments or determinations.--In
making such additional payments, the Secretary shall not change
payments, determinations, or budget neutrality adjustments made
for such period under section 1886(d) of such Act (42 U.S.C.
1395ww(d)).
(c) Conforming Amendment Relating to Determination of Standardized
Amount.--Section 1886(d)(2)(C)(i) (42 U.S.C. 1395ww(d)(2)(C)(i)) is
amended by inserting ``or any additional payments under such paragraph
resulting from the application of section 111 of the Medicare, Medicaid,
and SCHIP Balanced Budget Refinement Act of 1999'' after ``Balanced
Budget Act of 1997''.
SEC. 112. DECREASE IN REDUCTIONS FOR DISPROPORTIONATE SHARE HOSPITALS;
DATA COLLECTION REQUIREMENTS.
(a) In General.--Section 1886(d)(5)(F)(ix) (42 U.S.C.
1395ww(d)(5)(F)(ix)) is amended--
(1) in subclause (III), by striking ``during fiscal year
2000'' and inserting ``during each of fiscal years 2000 and
2001'';
(2) by striking subclause (IV);
[[Page 113 STAT. 1501A-330]]
(3) by redesignating subclauses (V) and (VI) as subclauses
(IV) and (V), respectively; and
(4) in subclause (IV), as so redesignated, by striking
``reduced by 5 percent'' and inserting ``reduced by 4 percent''.
(b) Data Collection.--
(1) In general.--The Secretary of Health and Human Services
shall require any subsection (d) hospital (as defined in section
1886(d)(1)(B) of the Social Security Act (42 U.S.C.
1395ww(d)(1)(B))) to submit to the Secretary, in the cost
reports submitted to the Secretary by such hospital for
discharges occurring during a fiscal year, data on the costs
incurred by the hospital for providing inpatient and outpatient
hospital services for which the hospital is not compensated,
including non-medicare bad debt, charity care, and charges for
medicaid and indigent care.
(2) Effective date.--The Secretary shall require the
submission of the data described in paragraph (1) in cost
reports for cost reporting periods beginning on or after October
1, 2001.
Subtitle C--PPS-Exempt Hospitals
SEC. 121. WAGE ADJUSTMENT OF PERCENTILE CAP FOR PPS-EXEMPT HOSPITALS.
(a) In General.--Section 1886(b)(3)(H) (42 U.S.C. 1395ww(b)(3)(H))
is amended--
(1) in clause (i), by inserting ``, as adjusted under clause
(iii)'' before the period;
(2) in clause (ii), by striking ``clause (i)'' and ``such
clause'' and inserting ``subclause (I)'' and ``such subclause''
respectively;
(3) by striking ``(H)(i)'' and inserting ``(ii)(I)'';
(4) by redesignating clauses (ii) and (iii) as subclauses
(II) and (III);
(5) by inserting after clause (ii), as so redesignated, the
following new clause:
``(iii) In applying clause (ii)(I) in the case of a hospital or
unit, the Secretary shall provide for an appropriate adjustment to the
labor-related portion of the amount determined under such subparagraph
to take into account differences between average wage-related costs in
the area of the hospital and the national average of such costs within
the same class of hospital.''; and
(6) by inserting before clause (ii), as so redesignated, the
following new clause:
``(H)(i) In the case of a hospital or unit that is within a class of
hospital described in clause (iv), for a cost reporting period beginning
during fiscal years 1998 through 2002, the target amount for such a
hospital or unit may not exceed the amount as updated up to or for such
cost reporting period under clause (ii).''.
(b) Effective Date.--The amendments made by subsection (a) apply to
cost reporting periods beginning on or after October 1, 1999.
[[Page 113 STAT. 1501A-331]]
SEC. 122. ENHANCED PAYMENTS FOR LONG-TERM CARE AND PSYCHIATRIC HOSPITALS
UNTIL DEVELOPMENT OF PROSPECTIVE PAYMENT SYSTEMS FOR THOSE
HOSPITALS.
Section 1886(b)(2) (42 U.S.C. 1395ww(b)(2)) is amended--
(1) in subparagraph (A), by striking ``In addition to'' and
inserting ``Except as provided in subparagraph (E), in addition
to''; and
(2) by adding at the end the following new subparagraph:
``(E)(i) In the case of an eligible hospital that is a hospital or
unit that is within a class of hospital described in clause (ii) with a
12-month cost reporting period beginning before the enactment of this
subparagraph, in determining the amount of the increase under
subparagraph (A), the Secretary shall substitute for the percentage of
the target amount applicable under subparagraph (A)(ii)--
``(I) for a cost reporting period beginning on or after
October 1, 2000, and before September 30, 2001, 1.5 percent; and
``(II) for a cost reporting period beginning on or after
October 1, 2001, and before September 30, 2002, 2 percent.
``(ii) For purposes of clause (i), each of the following shall be
treated as a separate class of hospital:
``(I) Hospitals described in clause (i) of subsection
(d)(1)(B) and psychiatric units described in the matter
following clause (v) of such subsection.
``(II) Hospitals described in clause (iv) of such
subsection.''.
SEC. 123. PER DISCHARGE PROSPECTIVE PAYMENT SYSTEM FOR LONG-TERM CARE
HOSPITALS.
(a) Development of System.--
(1) In general.--The Secretary of Health and Human Services
shall develop a per discharge prospective payment system for
payment for inpatient hospital services of long-term care
hospitals described in section 1886(d)(1)(B)(iv) of the Social
Security Act (42 U.S.C. 1395ww(d)(1)(B)(iv)) under the medicare
program. Such system shall include an adequate patient
classification system that is based on diagnosis-related groups
(DRGs) and that reflects the differences in patient resource use
and costs, and shall maintain budget neutrality.
(2) Collection of data and evaluation.--In developing the
system described in paragraph (1), the Secretary may require
such long-term care hospitals to submit such information to the
Secretary as the Secretary may require to develop the system.
(b) Report.--Not later than October 1, 2001, the Secretary shall
submit to the appropriate committees of Congress a report that includes
a description of the system developed under subsection (a)(1).
(c) Implementation of Prospective Payment System.--Notwithstanding
section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)),
the Secretary shall provide, for cost reporting periods beginning on or
after October 1, 2002, for payments for inpatient hospital services
furnished by long-term care hospitals under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) in accordance with the system
described in subsection (a).
[[Page 113 STAT. 1501A-332]]
SEC. 124. PER DIEM PROSPECTIVE PAYMENT SYSTEM FOR PSYCHIATRIC HOSPITALS.
(a) Development of System.--
(1) In general.--The Secretary of Health and Human Services
shall develop a per diem prospective payment system for payment
for inpatient hospital services of psychiatric hospitals and
units (as defined in paragraph (3)) under the medicare program.
Such system shall include an adequate patient classification
system that reflects the differences in patient resource use and
costs among such hospitals and shall maintain budget neutrality.
(2) Collection of data and evaluation.--In developing the
system described in paragraph (1), the Secretary may require
such psychiatric hospitals and units to submit such information
to the Secretary as the Secretary may require to develop the
system.
(3) Definition.--In this section, the term ``psychiatric
hospitals and units'' means a psychiatric hospital described in
clause (i) of section 1886(d)(1)(B) of the Social Security Act
(42 U.S.C. 1395ww(d)(1)(B)) and psychiatric units described in
the matter following clause (v) of such section.
(b) Report.--Not later than October 1, 2001, the Secretary shall
submit to the appropriate committees of Congress a report that includes
a description of the system developed under subsection (a)(1).
(c) Implementation of Prospective Payment System.--Notwithstanding
section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)),
the Secretary shall provide, for cost reporting periods beginning on or
after October 1, 2002, for payments for inpatient hospital services
furnished by psychiatric hospitals and units under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) in accordance with the
prospective payment system established by the Secretary under this
section in a budget neutral manner.
SEC. 125. REFINEMENT OF PROSPECTIVE PAYMENT SYSTEM FOR INPATIENT
REHABILITATION SERVICES.
(a) Use of Discharge as Payment Unit.--
(1) In general.--Section 1886(j)(1)(D) (42 U.S.C.
1395ww(j)(1)(D)) is amended by striking ``, day of inpatient
hospital services, or other unit of payment defined by the
Secretary''.
(2) Conforming amendment to classification.--Section
1886(j)(2)(A)(i) (42 U.S.C. 1395ww(j)(2)(A)(i)) is amended to
read as follows:
``(i) classes of patient discharges of
rehabilitation facilities by functional-related
groups (each in this subsection referred to as a
`case mix group'), based on impairment, age,
comorbidities, and functional capability of the
patient and such other factors as the Secretary
deems appropriate to improve the explanatory power
of functional independence measure-function
related groups; and''.
(3) Construction relating to transfer authority.--Section
1886(j)(1) (42 U.S.C. 1395ww(j)(1)) is amended by adding at the
end the following new subparagraph:
``(E) Construction relating to transfer authority.--
Nothing in this subsection shall be construed
[[Page 113 STAT. 1501A-333]]
as preventing the Secretary from providing for an
adjustment to payments to take into account the early
transfer of a patient from a rehabilitation facility to
another site of care.''.
(b) Study on Impact of Implementation of Prospective Payment
System.--
(1) Study.--The Secretary of Health and Human Services shall
conduct a study of the impact on utilization and beneficiary
access to services of the implementation of the medicare
prospective payment system for inpatient hospital services or
rehabilitation facilities under section 1886(j) of the Social
Security Act (42 U.S.C. 1395ww(j)).
(2) Report.--Not later than 3 years after the date such
system is first implemented, the Secretary shall submit to
Congress a report on such study.
(c) Effective Date.--The amendments made by subsection (a) are
effective as if included in the enactment of section 4421(a) of BBA.
Subtitle D--Hospice Care
SEC. 131. TEMPORARY INCREASE IN PAYMENT FOR HOSPICE CARE.
(a) Increase for Fiscal Years 2001 and 2002.--For purposes of
payments under section 1814(i)(1)(C) of the Social Security Act (42
U.S.C. 1395f(i)(1)(C)) for hospice care furnished during fiscal years
2001 and 2002, the Secretary of Health and Human Services shall increase
the payment rate in effect (but for this section) for--
(1) fiscal year 2001, by 0.5 percent, and
(2) fiscal year 2002, by 0.75 percent.
(b) Additional Payment Not Built Into the Base.--The Secretary of
Health and Human Services shall not include any additional payment made
under this subsection (a) in updating the payment rate, as increased by
the applicable market basket percentage increase for the fiscal year
involved under section 1814(i)(1)(C)(ii) of that Act (42 U.S.C.
1395f(i)(1)(C)(ii)).
SEC. 132. STUDY AND REPORT TO CONGRESS REGARDING MODIFICATION OF THE
PAYMENT RATES FOR HOSPICE CARE.
(a) Study.--The Comptroller General of the United States shall
conduct a study to determine the feasibility and advisability of
updating the payment rates and the cap amount determined with respect to
a fiscal year under section 1814(i) of the Social Security Act (42
U.S.C. 1395f(i)) for routine home care and other services included in
hospice care. Such study shall examine the cost factors used to
determine such rates and such amount and shall evaluate whether such
factors should be modified, eliminated, or supplemented with additional
cost factors.
(b) Report.--Not later than one year after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
Congress a report on the study conducted under subsection (a), together
with any recommendations for legislation that the Comptroller General
determines to be appropriate as a result of such study.
[[Page 113 STAT. 1501A-334]]
Subtitle E--Other Provisions
SEC. 141. MEDPAC STUDY ON MEDICARE PAYMENT FOR NONPHYSICIAN HEALTH
PROFESSIONAL CLINICAL TRAINING IN HOSPITALS.
(a) In General.--The Medicare Payment Advisory Commission shall
conduct a study of medicare payment policy with respect to professional
clinical training of different classes of nonphysician health care
professionals (such as nurses, nurse practitioners, allied health
professionals, physician assistants, and psychologists) and the basis
for any differences in treatment among such classes.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Commission shall submit a report to Congress
on the study conducted under subsection (a).
Subtitle F--Transitional Provisions
SEC. 151. EXCEPTION TO CMI QUALIFIER FOR ONE YEAR.
Notwithstanding any other provision of law, for purposes of fiscal
year 2000, the Northwest Mississippi Regional Medical Center located in
Clarksdale, Mississippi shall be deemed to have satisfied the case mix
index criteria under section 1886(d)(5)(C)(ii) of the Social Security
Act (42 U.S.C. 1395ww(d)(5)(C)(ii)) for classification as a rural
referral center.
SEC. 152. RECLASSIFICATION OF CERTAIN COUNTIES AND AREAS FOR PURPOSES OF
REIMBURSEMENT UNDER THE MEDICARE PROGRAM.
(a) Fiscal Year 2000.--Notwithstanding any other provision of law,
effective for discharges occurring during fiscal year 2000, for purposes
of making payments under section 1886(d) of the Social Security Act (42
U.S.C. 1395ww(d))--
(1) to hospitals in Iredell County, North Carolina, such
county is deemed to be located in the Charlotte-Gastonia-Rock
Hill, North Carolina-South Carolina Metropolitan Statistical
Area;
(2) to hospitals in Orange County, New York, the large urban
area of New York, New York is deemed to include such county;
(3) to hospitals in Lake County, Indiana, and to hospitals
in Lee County, Illinois, such counties are deemed to be located
in the Chicago, Illinois Metropolitan Statistical Area;
(4) to hospitals in Hamilton-Middletown, Ohio, Hamilton-
Middletown, Ohio, is deemed to be located in the Cincinnati,
Ohio-Kentucky-Indiana Metropolitan Statistical Area;
(5) to hospitals in Brazoria County, Texas, such county is
deemed to be located in the Houston, Texas Metropolitan
Statistical Area; and
(6) to hospitals in Chittenden County, Vermont, such county
is deemed to be located in the Boston-Worcester-Lawrence-Lowell-
Brockton, Massachusetts-New Hampshire Metropolitan Statistical
Area.
(b) Fiscal Year 2001.--Notwithstanding any other provision of law,
effective for discharges occurring during fiscal year 2001,
[[Page 113 STAT. 1501A-335]]
for purposes of making payments under section 1886(d) of the Social
Security Act (42 U.S.C. 1395ww(d))--
(1) Iredell County, North Carolina is deemed to be located
in the Charlotte-Gastonia-Rock Hill, North Carolina-South
Carolina Metropolitan Statistical Area;
(2) the large urban area of New York, New York is deemed to
include Orange County, New York;
(3) Lake County, Indiana, and Lee County, Illinois, are
deemed to be located in the Chicago, Illinois Metropolitan
Statistical Area;
(4) Hamilton-Middletown, Ohio, is deemed to be located in
the Cincinnati, Ohio-Kentucky-Indiana Metropolitan Statistical
Area;
(5) Brazoria County, Texas, is deemed to be located in the
Houston, Texas Metropolitan Statistical Area; and
(6) Chittenden County, Vermont is deemed to be located in
the Boston-Worcester-Lawrence-Lowell-Brockton, Massachusetts-New
Hampshire Metropolitan Statistical Area.
For purposes of that section, any reclassification under this subsection
shall be treated as a decision of the Medicare Geographic Classification
Review Board under paragraph (10) of that section.
SEC. 153. WAGE INDEX CORRECTION.
Notwithstanding any other provision of section 1886(d) of the Social
Security Act (42 U.S.C. 1395ww(d)), the Secretary of Health and Human
Services shall calculate and apply the Hattiesburg, Mississippi
Metropolitan Statistical Area wage index under that section for
discharges occurring during fiscal year 2000 using fiscal year 1996 wage
and hour data for Wesley Medical Center for purposes of payment under
that section for that fiscal year. Such recalculation shall not affect
the wage index for any other area.
SEC. 154. CALCULATION AND APPLICATION OF WAGE INDEX FLOOR FOR A CERTAIN
AREA.
(a) Fiscal Year 2000.--Notwithstanding any other provision of
section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)), for
discharges occurring during fiscal year 2000, the Secretary of Health
and Human Services shall calculate and apply the wage index for the
Allentown-Bethlehem-Easton Metropolitan Statistical Area under that
section as if the Lehigh Valley Hospital were classified in such area
for purposes of payment under that section for such fiscal year. Such
recalculation shall not affect the wage index for any other area.
(b) Fiscal Year 2001.--Notwithstanding any other provision of
section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)), in
calculating and applying the wage indices under that section for
discharges occurring during fiscal year 2001, Lehigh Valley Hospital
shall be treated as being classified in the Allentown-Bethlehem-Easton
Metropolitan Statistical Area.
SEC. 155. SPECIAL RULE FOR CERTAIN SKILLED NURSING FACILITIES.
(a) In General.--Notwithstanding any provision of section 1888(e) of
the Social Security Act (42 U.S.C. 1395yy(e)), for the cost reporting
period beginning in fiscal year 2000 and for the cost reporting period
beginning in fiscal year 2001, if a skilled nursing facility which meets
the criteria described in subsection (b) elects to be paid in accordance
with subsection (c), the Secretary of Health and Human Services shall
establish a per diem payment
[[Page 113 STAT. 1501A-336]]
amount for such facility according to the methodology described in
subsection (c) for such cost reporting periods in lieu of the payment
amount that would otherwise be established for such facility under
section 1888(e)(1) of such Act (42 U.S.C. 1395yy(e)(1)).
(b) Facility Eligibility Criteria.--For purposes of this subsection,
a skilled nursing facility is one--
(1) that began participation in the Medicare program under
title XVIII of the Social Security Act before January 1, 1995;
(2) for which at least 80 percent of the total inpatient
days of the facility in the cost reporting period beginning in
fiscal year 1998 were comprised of individuals entitled to
benefits under such title; and
(3) that is located in Baldwin or Mobile County, Alabama.
(c) Determination of Per Diem Amount.--For purposes of subsection
(a), the per diem payment amount shall be equal to 100 percent of the
amount determined under section 1888(e)(3) of the Social Security Act
(42 U.S.C. 1395yy(e)(3)) except that, in determining such amount, the
Secretary shall--
(1) substitute the allowable costs of the facility for the
cost reporting period beginning in fiscal year 1998 for those
allowable costs of the cost reporting period beginning in fiscal
year 1995; and
(2) exclude the update to the first cost reporting period
(from fiscal year 1995 to fiscal year 1998) described in section
1888(e)(3)(B)(i) of such Act (42 U.S.C. 1395yy(e)(3)(B)(i)).
TITLE II--PROVISIONS RELATING TO PART B
Subtitle A--Hospital Outpatient Services
SEC. 201. OUTLIER ADJUSTMENT AND TRANSITIONAL PASS-THROUGH FOR CERTAIN
MEDICAL DEVICES, DRUGS, AND BIOLOGICALS.
(a) Outlier Adjustment.--Section 1833(t) (42 U.S.C. 1395l(t)) is
amended--
(1) by redesignating paragraphs (5) through (9) as
paragraphs (7) through (11), respectively; and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Outlier adjustment.--
``(A) In general.--Subject to subparagraph (D), the
Secretary shall provide for an additional payment for
each covered OPD service (or group of services) for
which a hospital's charges, adjusted to cost, exceed--
``(i) a fixed multiple of the sum of--
``(I) the applicable medicare OPD
fee schedule amount determined under
paragraph (3)(D), as adjusted under
paragraph (4)(A) (other than for
adjustments under this paragraph or
paragraph (6)); and
``(II) any transitional pass-through
payment under paragraph (6); and
``(ii) at the option of the Secretary, such
fixed dollar amount as the Secretary may
establish.
[[Page 113 STAT. 1501A-337]]
``(B) Amount of adjustment.--The amount of the
additional payment under subparagraph (A) shall be
determined by the Secretary and shall approximate the
marginal cost of care beyond the applicable cutoff point
under such subparagraph.
``(C) Limit on aggregate outlier adjustments.--
``(i) In general.--The total of the additional
payments made under this paragraph for covered OPD
services furnished in a year (as estimated by the
Secretary before the beginning of the year) may
not exceed the applicable percentage (specified in
clause (ii)) of the total program payments
estimated to be made under this subsection for all
covered OPD services furnished in that year. If
this paragraph is first applied to less than a
full year, the previous sentence shall apply only
to the portion of such year.
``(ii) Applicable percentage.--For purposes of
clause (i), the term `applicable percentage' means
a percentage specified by the Secretary up to (but
not to exceed)--
``(I) for a year (or portion of a
year) before 2004, 2.5 percent; and
``(II) for 2004 and thereafter, 3.0
percent.
``(D) Transitional authority.--In applying
subparagraph (A) for covered OPD services furnished
before January 1, 2002, the Secretary may--
``(i) apply such subparagraph to a bill for
such services related to an outpatient encounter
(rather than for a specific service or group of
services) using OPD fee schedule amounts and
transitional pass-through payments covered under
the bill; and
``(ii) use an appropriate cost-to-charge ratio
for the hospital involved (as determined by the
Secretary), rather than for specific departments
within the hospital.''.
(b) Transitional Pass-Through for Additional Costs of Innovative
Medical Devices, Drugs, and Biologicals.--Such section is further
amended by inserting after paragraph (5) the following new paragraph:
``(6) Transitional pass-through for additional costs of
innovative medical devices, drugs, and biologicals.--
``(A) In general.--The Secretary shall provide for
an additional payment under this paragraph for any of
the following that are provided as part of a covered OPD
service (or group of services):
``(i) Current orphan drugs.--A drug or
biological that is used for a rare disease or
condition with respect to which the drug or
biological has been designated as an orphan drug
under section 526 of the Federal Food, Drug and
Cosmetic Act if payment for the drug or biological
as an outpatient hospital service under this part
was being made on the first date that the system
under this subsection is implemented.
``(ii) Current cancer therapy drugs and
biologicals and brachytherapy.--A drug or
biological that is used in cancer therapy,
including (but not limited to) a chemotherapeutic
agent, an
[[Page 113 STAT. 1501A-338]]
antiemetic, a hematopoietic growth factor, a
colony stimulating factor, a biological response
modifier, a bisphosphonate, and a device of
brachytherapy, if payment for such drug,
biological, or device as an outpatient hospital
service under this part was being made on such
first date.
``(iii) Current radiopharmaceutical drugs and
biological products.--A radiopharmaceutical drug
or biological product used in diagnostic,
monitoring, and therapeutic nuclear medicine
procedures if payment for the drug or biological
as an outpatient hospital service under this part
was being made on such first date.
``(iv) New medical devices, drugs, and
biologicals.--A medical device, drug, or
biological not described in clause (i), (ii), or
(iii) if--
``(I) payment for the device, drug,
or biological as an outpatient hospital
service under this part was not being
made as of December 31, 1996; and
``(II) the cost of the device, drug,
or biological is not insignificant in
relation to the OPD fee schedule amount
(as calculated under paragraph (3)(D))
payable for the service (or group of
services) involved.
``(B) Limited period of payment.--The payment under
this paragraph with respect to a medical device, drug,
or biological shall only apply during a period of at
least 2 years, but not more than 3 years, that begins--
``(i) on the first date this subsection is
implemented in the case of a drug, biological, or
device described in clause (i), (ii), or (iii) of
subparagraph (A) and in the case of a device,
drug, or biological described in subparagraph
(A)(iv) and for which payment under this part is
made as an outpatient hospital service before such
first date; or
``(ii) in the case of a device, drug, or
biological described in subparagraph (A)(iv) not
described in clause (i), on the first date on
which payment is made under this part for the
device, drug, or biological as an outpatient
hospital service.
``(C) Amount of additional payment.--Subject to
subparagraph (D)(iii), the amount of the payment under
this paragraph with respect to a device, drug, or
biological provided as part of a covered OPD service
is--
``(i) in the case of a drug or biological, the
amount by which the amount determined under
section 1842(o) for the drug or biological exceeds
the portion of the otherwise applicable medicare
OPD fee schedule that the Secretary determines is
associated with the drug or biological; or
``(ii) in the case of a medical device, the
amount by which the hospital's charges for the
device, adjusted to cost, exceeds the portion of
the otherwise applicable medicare OPD fee schedule
that the Secretary determines is associated with
the device.
``(D) Limit on aggregate annual adjustment.--
[[Page 113 STAT. 1501A-339]]
``(i) In general.--The total of the additional
payments made under this paragraph for covered OPD
services furnished in a year (as estimated by the
Secretary before the beginning of the year) may
not exceed the applicable percentage (specified in
clause (ii)) of the total program payments
estimated to be made under this subsection for all
covered OPD services furnished in that year. If
this paragraph is first applied to less than a
full year, the previous sentence shall apply only
to the portion of such year.
``(ii) Applicable percentage.--For purposes of
clause (i), the term `applicable percentage'
means--
``(I) for a year (or portion of a
year) before 2004, 2.5 percent; and
``(II) for 2004 and thereafter, a
percentage specified by the Secretary up
to (but not to exceed) 2.0 percent.
``(iii) Uniform prospective reduction if
aggregate limit projected to be exceeded.--If the
Secretary estimates before the beginning of a year
that the amount of the additional payments under
this paragraph for the year (or portion thereof)
as determined under clause (i) without regard to
this clause will exceed the limit established
under such clause, the Secretary shall reduce pro
rata the amount of each of the additional payments
under this paragraph for that year (or portion
thereof) in order to ensure that the aggregate
additional payments under this paragraph (as so
estimated) do not exceed such limit.''.
(c) Application of New Adjustments on a Budget Neutral Basis.--
Section 1833(t)(2)(E) (42 U.S.C. 1395l(t)(2)(E)) is amended by striking
``other adjustments, in a budget neutral manner, as determined to be
necessary to ensure equitable payments, such as outlier adjustments or''
and inserting ``, in a budget neutral manner, outlier adjustments under
paragraph (5) and transitional pass-through payments under paragraph (6)
and other adjustments as determined to be necessary to ensure equitable
payments, such as''.
(d) Limitation on Judicial Review for New Adjustments.--Section
1833(t)(11), as redesignated by subsection (a)(1), is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) the determination of the fixed multiple, or a
fixed dollar cutoff amount, the marginal cost of care,
or applicable percentage under paragraph (5) or the
determination of insignificance of cost, the duration of
the additional payments (consistent with paragraph
(6)(B)), the portion of the medicare OPD fee schedule
amount associated with particular devices, drugs, or
biologicals, and the application of any pro rata
reduction under paragraph (6).''.
(e) Inclusion of Certain Implantable Items Under System.--
(1) In general.--Section 1833(t) (42 U.S.C. 1395l(t)) is
amended--
[[Page 113 STAT. 1501A-340]]
(A) in paragraph (1)(B)(ii), by striking ``clause
(iii)'' and inserting ``clause (iv)'' and by striking
``but'';
(B) by redesignating clause (iii) of paragraph
(1)(B) as clause (iv) and inserting after clause (ii) of
such paragraph the following new clause:
``(iii) includes implantable items described
in paragraph (3), (6), or (8) of section 1861(s);
but''; and
(C) in paragraph (2)(B), by inserting after
``resources'' the following: ``and so that an
implantable item is classified to the group that
includes the service to which the item relates''.
(2) Conforming amendment.--(A) Section 1834(a)(13) (42
U.S.C. 1395m(a)(13)) is amended by striking ``1861(m)(5))'' and
inserting ``1861(m)(5), but not including implantable items for
which payment may be made under section 1833(t)''.
(B) Section 1834(h)(4)(B) (42 U.S.C. 1395m(h)(4)(B)) is
amended by inserting before the semicolon the following: ``and
does not include an implantable item for which payment may be
made under section 1833(t)''.
(f) Authorizing Payment Weights Based on Mean Hospital Costs.--
Section 1833(t)(2)(C) (42 U.S.C. 1395l(t)(2)(C)) is amended by inserting
``(or, at the election of the Secretary, mean)'' after ``median''.
(g) Limiting Variation of Costs of Services Classified With a
Group.--Section 1833(t)(2) (42 U.S.C. 1395l(t)(2)) is amended by adding
at the end the following new flush sentence:
``For purposes of subparagraph (B), items and services within a
group shall not be treated as `comparable with respect to the
use of resources' if the highest median cost (or mean cost, if
elected by the Secretary under subparagraph (C)) for an item or
service within the group is more than 2 times greater than the
lowest median cost (or mean cost, if so elected) for an item or
service within the group; except that the Secretary may make
exceptions in unusual cases, such as low volume items and
services, but may not make such an exception in the case of a
drug or biological that has been designated as an orphan drug
under section 526 of the Federal Food, Drug and Cosmetic Act.''.
(h) Annual Review of OPD PPS Components.--
(1) In general.--Section 1833(t)(8)(A) (42 U.S.C.
1395l(t)(8)(A)), as redesignated by subsection (a), is amended--
(A) by striking ``may periodically review'' and
inserting ``shall review not less often than annually'';
and
(B) by adding at the end the following: ``The
Secretary shall consult with an expert outside advisory
panel composed of an appropriate selection of
representatives of providers to review (and advise the
Secretary concerning) the clinical integrity of the
groups and weights. Such panel may use data collected or
developed by entities and organizations (other than the
Department of Health and Human Services) in conducting
such review.''.
(2) Effective dates.--The Secretary of Health and Human
Services shall first conduct the annual review under the
amendment made by paragraph (1)(A) in 2001 for application in
2002 and the amendment made by paragraph (1)(B) takes effect on
the date of the enactment of this Act.
[[Page 113 STAT. 1501A-341]]
(i) No Impact on Copayment.--Section 1833(t)(7) (42 U.S.C.
1395l(t)(7)), as redesignated by subsection (a), is amended by adding at
the end the following new subparagraph:
``(D) Computation ignoring outlier and pass-through
adjustments.--The copayment amount shall be computed
under subparagraph (A) as if the adjustments under
paragraphs (5) and (6) (and any adjustment made under
paragraph (2)(E) in relation to such adjustments) had
not occurred.''.
(j) Technical Correction in Reference Relating to Hospital-Based
Ambulance Services.--Section 1833(t)(9) (42 U.S.C. 1395l(t)(9)), as
redesignated by subsection (a), is amended by striking ``the matter in
subsection (a)(1) preceding subparagraph (A)'' and inserting ``section
1861(v)(1)(U)''.
(k) Extension of Payment Provisions of Section 4522 of BBA Until
Implementation of PPS.--Section 1861(v)(1)(S)(ii) (42 U.S.C.
1395x(v)(1)(S)(ii)) is amended in subclauses (I) and (II) by striking
``and during fiscal year 2000 before January 1, 2000'' and inserting
``and until the first date that the prospective payment system under
section 1833(t) is implemented'' each place it appears.
(l) Congressional Intention Regarding Base Amounts in Applying the
HOPD PPS.--With respect to determining the amount of copayments
described in paragraph (3)(A)(ii) of section 1833(t) of the Social
Security Act, as added by section 4523(a) of BBA, Congress finds that
such amount should be determined without regard to such section, in a
budget neutral manner with respect to aggregate payments to hospitals,
and that the Secretary of Health and Human Services has the authority to
determine such amount without regard to such section.
(m) Effective Date.--Except as provided in this section, the
amendments made by this section shall be effective as if included in the
enactment of BBA.
(n) Study of Delivery of Intravenous Immune Globulin (IVIG) Outside
Hospitals and Physicians' Offices.--
(1) Study.--The Secretary of Health and Human Services shall
conduct a study of the extent to which intravenous immune
globulin (IVIG) could be delivered and reimbursed under the
medicare program outside of a hospital or physician's office. In
conducting the study, the Secretary shall--
(A) consider the sites of service that other payors,
including Medicare+Choice plans, use for these drugs and
biologicals;
(B) determine whether covering the delivery of these
drugs and biologicals in a medicare patient's home
raises any additional safety and health concerns for the
patient;
(C) determine whether covering the delivery of these
drugs and biologicals in a patient's home can reduce
overall spending under the medicare program; and
(D) determine whether changing the site of setting
for these services would affect beneficiary access to
care.
(2) Report.--The Secretary shall submit a report on such
study to the Committees on Ways and Means and Commerce of the
House of Representatives and the Committee on Finance of the
Senate within 18 months after the date of the enactment of this
Act. The Secretary shall include in the report recommendations
regarding the appropriate manner and settings under which the
medicare program should pay for these drugs
[[Page 113 STAT. 1501A-342]]
and biologicals delivered outside of a hospital or physician's
office.
SEC. 202. ESTABLISHING A TRANSITIONAL CORRIDOR FOR APPLICATION OF OPD
PPS.
(a) In General.--Section 1833(t) (42 U.S.C. 1395l(t)), as amended by
section 201(a), is further amended--
(1) in paragraph (4), in the matter before subparagraph (A),
by inserting ``, subject to paragraph (7),'' after ``is
determined''; and
(2) by redesignating paragraphs (7) through (11) as
paragraphs (8) through (12), respectively; and
(3) by inserting after paragraph (6), as inserted by section
201(b), the following new paragraph:
``(7) Transitional adjustment to limit decline in payment.--
``(A) Before 2002.--Subject to subparagraph (D), for
covered OPD services furnished before January 1, 2002,
for which the PPS amount (as defined in subparagraph
(E)) is--
``(i) at least 90 percent, but less than 100
percent, of the pre-BBA amount (as defined in
subparagraph (F)), the amount of payment under
this subsection shall be increased by 80 percent
of the amount of such difference;
``(ii) at least 80 percent, but less than 90
percent, of the pre-BBA amount, the amount of
payment under this subsection shall be increased
by the amount by which (I) the product of 0.71 and
the pre-BBA amount, exceeds (II) the product of
0.70 and the PPS amount;
``(iii) at least 70 percent, but less than 80
percent, of the pre-BBA amount, the amount of
payment under this subsection shall be increased
by the amount by which (I) the product of 0.63 and
the pre-BBA amount, exceeds (II) the product of
0.60 and the PPS amount; or
``(iv) less than 70 percent of the pre-BBA
amount, the amount of payment under this
subsection shall be increased by 21 percent of the
pre-BBA amount.
``(B) 2002.--Subject to subparagraph (D), for
covered OPD services furnished during 2002, for which
the PPS amount is--
``(i) at least 90 percent, but less than 100
percent, of the pre-BBA amount, the amount of
payment under this subsection shall be increased
by 70 percent of the amount of such difference;
``(ii) at least 80 percent, but less than 90
percent, of the pre-BBA amount, the amount of
payment under this subsection shall be increased
by the amount by which (I) the product of 0.61 and
the pre-BBA amount, exceeds (II) the product of
0.60 and the PPS amount; or
``(iii) less than 80 percent of the pre-BBA
amount, the amount of payment under this
subsection shall be increased by 13 percent of the
pre-BBA amount.
[[Page 113 STAT. 1501A-343]]
``(C) 2003.--Subject to subparagraph (D), for
covered OPD services furnished during 2003, for which
the PPS amount is--
``(i) at least 90 percent, but less than 100
percent, of the pre-BBA amount, the amount of
payment under this subsection shall be increased
by 60 percent of the amount of such difference; or
``(ii) less than 90 percent of the pre-BBA
amount, the amount of payment under this
subsection shall be increased by 6 percent of the
pre-BBA amount.
``(D) Hold harmless provisions.--
``(i) Temporary treatment for small rural
hospitals.--In the case of a hospital located in a
rural area and that has not more than 100 beds,
for covered OPD services furnished before January
1, 2004, for which the PPS amount is less than the
pre-BBA amount, the amount of payment under this
subsection shall be increased by the amount of
such difference.
``(ii) Permanent treatment for cancer
hospitals.--In the case of a hospital described in
section 1886(d)(1)(B)(v), for covered OPD services
for which the PPS amount is less than the pre-BBA
amount, the amount of payment under this
subsection shall be increased by the amount of
such difference.
``(E) PPS amount defined.--In this paragraph, the
term `PPS amount' means, with respect to covered OPD
services, the amount payable under this title for such
services (determined without regard to this paragraph),
including amounts payable as copayment under paragraph
(8), coinsurance under section 1866(a)(2)(A)(ii), and
the deductible under section 1833(b).
``(F) Pre-BBA amount defined.--
``(i) In general.--In this paragraph, the
`pre-BBA amount' means, with respect to covered
OPD services furnished by a hospital in a year, an
amount equal to the product of the reasonable cost
of the hospital for such services for the portions
of the hospital's cost reporting period (or
periods) occurring in the year and the base OPD
payment-to-cost ratio for the hospital (as defined
in clause (ii)).
``(ii) Base payment-to-cost-ratio defined.--
For purposes of this subparagraph, the `base
payment-to-cost ratio' for a hospital means the
ratio of--
``(I) the hospital's reimbursement
under this part for covered OPD services
furnished during the cost reporting
period ending in 1996, including any
reimbursement for such services through
cost-sharing described in subparagraph
(E), to
``(II) the reasonable cost of such
services for such period.
The Secretary shall determine such ratios as if
the amendments made by section 4521 of the
Balanced Budget Act of 1997 were in effect in
1996.
``(G) Interim payments.--The Secretary shall make
payments under this paragraph to hospitals on an interim
basis, subject to retrospective adjustments based on
settled cost reports.
[[Page 113 STAT. 1501A-344]]
``(H) No effect on copayments.--Nothing in this
paragraph shall be construed to affect the unadjusted
copayment amount described in paragraph (3)(B) or the
copayment amount under paragraph (8).
``(I) Application without regard to budget
neutrality.--The additional payments made under this
paragraph--
``(i) shall not be considered an adjustment
under paragraph (2)(E); and
``(ii) shall not be implemented in a budget
neutral manner.''.
(b) Effective Date.--The amendments made by this section shall be
effective as if included in the enactment of BBA.
SEC. 203. STUDY AND REPORT TO CONGRESS REGARDING THE SPECIAL TREATMENT
OF RURAL AND CANCER HOSPITALS IN PROSPECTIVE PAYMENT SYSTEM
FOR HOSPITAL OUTPATIENT DEPARTMENT SERVICES.
(a) Study.--
(1) In general.--The Medicare Payment Advisory Commission
(referred to in this section as ``MedPAC'') shall conduct a
study to determine the appropriateness (and the appropriate
method) of providing payments to hospitals described in
paragraph (2) for covered OPD services (as defined in paragraph
(1)(B) of section 1833(t) of the Social Security Act (42 U.S.C.
1395l(t))) based on the prospective payment system established
by the Secretary in accordance with such section.
(2) Hospitals described.--The hospitals described in this
paragraph are the following:
(A) A medicare-dependent, small rural hospital (as
defined in section 1886(d)(5)(G)(iv) of the Social
Security Act (42 U.S.C. 1395ww(d)(5)(G)(iv))).
(B) A sole community hospital (as defined in section
1886(d)(5)(D)(iii) of such Act (42 U.S.C.
1395ww(d)(5)(D)(iii))).
(C) Rural health clinics (as defined in section
1861(aa)(2) of such Act (42 U.S.C. 1395x(aa)(2)).
(D) Rural referral centers (as so classified under
section 1886(d)(5)(C) of such Act (42 U.S.C.
1395ww(d)(5)(C)).
(E) Any other rural hospital with not more than 100
beds.
(F) Any other rural hospital that the Secretary
determines appropriate.
(G) A hospital described in section 1886(d)(1)(B)(v)
of such Act (42 U.S.C. 1395ww(d)(1)(B)(v)).
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, MedPAC shall submit a report to the Secretary of Health and
Human Services and Congress on the study conducted under subsection (a),
together with any recommendations for legislation that MedPAC determines
to be appropriate as a result of such study.
(c) Comments.--Not later than 60 days after the date on which MedPAC
submits the report under subsection (b) to the Secretary of Health and
Human Services, the Secretary shall submit comments on such report to
Congress.
[[Page 113 STAT. 1501A-345]]
SEC. 204. LIMITATION ON OUTPATIENT HOSPITAL COPAYMENT FOR A PROCEDURE TO
THE HOSPITAL DEDUCTIBLE AMOUNT.
(a) In General.--Section 1833(t)(8) (42 U.S.C. 1395l(t)(8)), as
redesignated by sections 201(a)(1) and 202(a)(2), is amended--
(1) in subparagraph (A), by striking ``subparagraph (B)''
and inserting ``subparagraphs (B) and (C)'';
(2) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Limiting copayment amount to inpatient
hospital deductible amount.--In no case shall the
copayment amount for a procedure performed in a year
exceed the amount of the inpatient hospital deductible
established under section 1813(b) for that year.''.
(b) Increase in Payment To Reflect Reduction in Copayment.--Section
1833(t)(4)(C) (42 U.S.C. 1395l(t)(4)(C)) is amended by inserting ``,
plus the amount of any reduction in the copayment amount attributable to
paragraph (8)(C)'' before the period at the end.
(c) Effective Date.--The amendments made by this section apply as if
included in the enactment of BBA and shall only apply to procedures
performed for which payment is made on the basis of the prospective
payment system under section 1833(t) of the Social Security Act.
Subtitle B--Physician Services
SEC. 211. MODIFICATION OF UPDATE ADJUSTMENT FACTOR PROVISIONS TO REDUCE
UPDATE OSCILLATIONS AND REQUIRE ESTIMATE REVISIONS.
(a) Update Adjustment Factor.--
(1) In general.--Section 1848(d) (42 U.S.C. 1395w-4(d)) is
amended--
(A) in paragraph (3)--
(i) in the heading, by inserting ``for 1999
and 2000'' after ``Update'';
(ii) in subparagraph (A), by striking ``a year
beginning with 1999'' and inserting ``1999 and
2000''; and
(iii) in subparagraph (C), by inserting ``and
paragraph (4)'' after ``For purposes of this
paragraph''; and
(B) by adding at the end the following new
paragraph:
``(4) Update for years beginning with 2001.--
``(A) In general.--Unless otherwise provided by law,
subject to the budget-neutrality factor determined by
the Secretary under subsection (c)(2)(B)(ii) and subject
to adjustment under subparagraph (F), the update to the
single conversion factor established in paragraph (1)(C)
for a year beginning with 2001 is equal to the product
of--
``(i) 1 plus the Secretary's estimate of the
percentage increase in the MEI (as defined in
section 1842(i)(3)) for the year (divided by 100);
and
``(ii) 1 plus the Secretary's estimate of the
update adjustment factor under subparagraph (B)
for the year.
[[Page 113 STAT. 1501A-346]]
``(B) Update adjustment factor.--For purposes of
subparagraph (A)(ii), subject to subparagraph (D), the
`update adjustment factor' for a year is equal (as
estimated by the Secretary) to the sum of the following:
``(i) Prior year adjustment component.--An
amount determined by--
``(I) computing the difference
(which may be positive or negative)
between the amount of the allowed
expenditures for physicians' services
for the prior year (as determined under
subparagraph (C)) and the amount of the
actual expenditures for such services
for that year;
``(II) dividing that difference by
the amount of the actual expenditures
for such services for that year; and
``(III) multiplying that quotient by
0.75.
``(ii) Cumulative adjustment component.--An
amount determined by--
``(I) computing the difference
(which may be positive or negative)
between the amount of the allowed
expenditures for physicians' services
(as determined under subparagraph (C))
from April 1, 1996, through the end of
the prior year and the amount of the
actual expenditures for such services
during that period;
``(II) dividing that difference by
actual expenditures for such services
for the prior year as increased by the
sustainable growth rate under subsection
(f) for the year for which the update
adjustment factor is to be determined;
and
``(III) multiplying that quotient by
0.33.
``(C) Determination of allowed expenditures.--For
purposes of this paragraph:
``(i) Period up to april 1, 1999.--The allowed
expenditures for physicians' services for a period
before April 1, 1999, shall be the amount of the
allowed expenditures for such period as determined
under paragraph (3)(C).
``(ii) Transition to calendar year allowed
expenditures.--Subject to subparagraph (E), the
allowed expenditures for--
``(I) the 9-month period beginning
April 1, 1999, shall be the Secretary's
estimate of the amount of the allowed
expenditures that would be permitted
under paragraph (3)(C) for such period;
and
``(II) the year of 1999, shall be
the Secretary's estimate of the amount
of the allowed expenditures that would
be permitted under paragraph (3)(C) for
such year.
``(iii) Years beginning with 2000.--The
allowed expenditures for a year (beginning with
2000) is equal to the allowed expenditures for
physicians' services for the previous year,
increased by the sustainable growth rate under
subsection (f) for the year involved.
[[Page 113 STAT. 1501A-347]]
``(D) Restriction on update adjustment factor.--The
update adjustment factor determined under subparagraph
(B) for a year may not be less than -0.07 or greater
than 0.03.
``(E) Recalculation of allowed expenditures for
updates beginning with 2001.--For purposes of
determining the update adjustment factor for a year
beginning with 2001, the Secretary shall recompute the
allowed expenditures for previous periods beginning on
or after April 1, 1999, consistent with subsection
(f)(3).
``(F) Transitional adjustment designed to provide
for budget neutrality.--Under this subparagraph the
Secretary shall provide for an adjustment to the update
under subparagraph (A)--
``(i) for each of 2001, 2002, 2003, and 2004,
of -0.2 percent; and
``(ii) for 2005 of +0.8 percent.''.
(2) Publication change.--
(A) In general.--Section 1848(d)(1)(E) (42 U.S.C.
1395w-4(d)(1)(E)) is amended to read as follows:
``(E) Publication and dissemination of
information.--The Secretary shall--
``(i) cause to have published in the Federal
Register not later than November 1 of each year
(beginning with 2000) the conversion factor which
will apply to physicians' services for the
succeeding year, the update determined under
paragraph (4) for such succeeding year, and the
allowed expenditures under such paragraph for such
succeeding year; and
``(ii) make available to the Medicare Payment
Advisory Commission and the public by March 1 of
each year (beginning with 2000) an estimate of the
sustainable growth rate and of the conversion
factor which will apply to physicians' services
for the succeeding year and data used in making
such estimate.''.
(B) Medpac review of conversion factor estimates.--
Section 1805(b)(1)(D) (42 U.S.C. 1395b-6(b)(1)(D)) is
amended by inserting ``and including a review of the
estimate of the conversion factor submitted under
section 1848(d)(1)(E)(ii)'' before the period at the
end.
(C) One-time publication of information on
transition.--The Secretary of Health and Human Services
shall cause to have published in the Federal Register,
not later than 90 days after the date of the enactment
of this section, the Secretary's determination, based
upon the best available data, of--
(i) the allowed expenditures under subclauses
(I) and (II) of subsection (d)(4)(C)(ii) of
section 1848 of the Social Security Act (42 U.S.C.
1395w-4), as added by subsection (a)(1)(B), for
the 9-month period beginning on April 1, 1999, and
for 1999;
(ii) the estimated actual expenditures
described in subsection (d) of such section for
1999; and
(iii) the sustainable growth rate under
subsection (f) of such section for 2000.
(3) Conforming amendments.--
(A) Section 1848 (42 U.S.C. 1395w-4) is amended--
[[Page 113 STAT. 1501A-348]]
(i) in subsection (d)(1)(A), by inserting
``(for years before 2001) and, for years beginning
with 2001, multiplied by the update (established
under paragraph (4)) for the year involved'' after
``for the year involved''; and
(ii) in subsection (f)(2)(D), by inserting
``or (d)(4)(B), as the case may be'' after
``(d)(3)(B)''.
(B) Section 1833(l)(4)(A)(i)(VII) (42 U.S.C.
1395l(l)(4)(A)(i)(VII)) is amended by striking
``1848(d)(3)'' and inserting ``1848(d)''.
(b) Sustainable Growth Rates.--Section 1848(f) (42 U.S.C. 1395w-
4(f)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Publication.--The Secretary shall cause to have
published in the Federal Register not later than--
``(A) November 1, 2000, the sustainable growth rate
for 2000 and 2001; and
``(B) November 1 of each succeeding year the
sustainable growth rate for such succeeding year and
each of the preceding 2 years.'';
(2) in paragraph (2)--
(A) in the matter before subparagraph (A), by
striking ``fiscal year 1998)'' and inserting ``fiscal
year 1998 and ending with fiscal year 2000) and a year
beginning with 2000''; and
(B) in subparagraphs (A) through (D), by striking
``fiscal year'' and inserting ``applicable period'' each
place it appears;
(3) in paragraph (3), by adding at the end the following new
subparagraph:
``(C) Applicable period.--The term `applicable
period' means--
``(i) a fiscal year, in the case of fiscal
year 1998, fiscal year 1999, and fiscal year 2000;
or
``(ii) a calendar year with respect to a year
beginning with 2000;
as the case may be.'';
(4) by redesignating paragraph (3) as paragraph (4); and
(5) by inserting after paragraph (2) the following new
paragraph:
``(3) Data to be used.--For purposes of determining the
update adjustment factor under subsection (d)(4)(B) for a year
beginning with 2001, the sustainable growth rates taken into
consideration in the determination under paragraph (2) shall be
determined as follows:
``(A) For 2001.--For purposes of such calculations
for 2001, the sustainable growth rates for fiscal year
2000 and the years 2000 and 2001 shall be determined on
the basis of the best data available to the Secretary as
of September 1, 2000.
``(B) For 2002.--For purposes of such calculations
for 2002, the sustainable growth rates for fiscal year
2000 and for years 2000, 2001, and 2002 shall be
determined on the basis of the best data available to
the Secretary as of September 1, 2001.
``(C) For 2003 and succeeding years.--For purposes
of such calculations for a year after 2002--
[[Page 113 STAT. 1501A-349]]
``(i) the sustainable growth rates for that
year and the preceding 2 years shall be determined
on the basis of the best data available to the
Secretary as of September 1 of the year preceding
the year for which the calculation is made; and
``(ii) the sustainable growth rate for any
year before a year described in clause (i) shall
be the rate as most recently determined for that
year under this subsection.
Nothing in this paragraph shall be construed as affecting the
sustainable growth rates established for fiscal year 1998 or
fiscal year 1999.''.
(c) Study and Report Regarding the Utilization of Physicians'
Services by Medicare Beneficiaries.--
(1) Study by secretary.--The Secretary of Health and Human
Services, acting through the Administrator of the Agency for
Health Care Policy and Research, shall conduct a study of the
issues specified in paragraph (2).
(2) Issues to be studied.--The issues specified in this
paragraph are the following:
(A) The various methods for accurately estimating
the economic impact on expenditures for physicians'
services under the original medicare fee-for-service
program under parts A and B of title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) resulting from--
(i) improvements in medical capabilities;
(ii) advancements in scientific technology;
(iii) demographic changes in the types of
medicare beneficiaries that receive benefits under
such program; and
(iv) geographic changes in locations where
medicare beneficiaries receive benefits under such
program.
(B) The rate of usage of physicians' services under
the original medicare fee-for-service program under
parts A and B of title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) among beneficiaries between
ages 65 and 74, 75 and 84, 85 and over, and disabled
beneficiaries under age 65.
(C) Other factors that may be reliable predictors of
beneficiary utilization of physicians' services under
the original medicare fee-for-service program under
parts A and B of title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.).
(3) Report to congress.--Not later than 3 years after the
date of the enactment of this Act, the Secretary of Health and
Human Services shall submit a report to Congress setting forth
the results of the study conducted pursuant to paragraph (1),
together with any recommendations the Secretary determines are
appropriate.
(4) Medpac report to congress.--Not later than 180 days
after the date of submission of the report under paragraph (3),
the Medicare Payment Advisory Commission shall submit a report
to Congress that includes--
(A) an analysis and evaluation of the report
submitted under paragraph (3); and
(B) such recommendations as it determines are
appropriate.
[[Page 113 STAT. 1501A-350]]
(d) Effective Date.--The amendments made by this section shall be
effective in determining the conversion factor under section 1848(d) of
the Social Security Act (42 U.S.C. 1395w-4(d)) for years beginning with
2001 and shall not apply to or affect any update (or any update
adjustment factor) for any year before 2001.
SEC. 212. USE OF DATA COLLECTED BY ORGANIZATIONS AND ENTITIES IN
DETERMINING PRACTICE EXPENSE RELATIVE VALUES.
(a) In General.--The Secretary of Health and Human Services shall
establish by regulation (after notice and opportunity for public
comment) a process (including data collection standards) under which the
Secretary will accept for use and will use, to the maximum extent
practicable and consistent with sound data practices, data collected or
developed by entities and organizations (other than the Department of
Health and Human Services) to supplement the data normally collected by
that Department in determining the practice expense component under
section 1848(c)(2)(C)(ii) of the Social Security Act (42 U.S.C. 1395w-
4(c)(2)(C)(ii)) for purposes of determining relative values for payment
for physicians' services under the fee schedule under section 1848 of
such Act (42 U.S.C. 1395w-4). The Secretary shall first promulgate such
regulation on an interim final basis in a manner that permits the
submission and use of data in the computation of practice expense
relative value units for payment rates for 2001.
(b) Publication of Information.--The Secretary shall include, in the
publication of the estimated and final updates under section 1848(c) of
such Act (42 U.S.C. 1395w-4(c)) for payments for 2001 and for 2002, a
description of the process established under subsection (a) for the use
of external data in making adjustments in relative value units and the
extent to which the Secretary has used such external data in making such
adjustments for each such year, particularly in cases in which the data
otherwise used are inadequate because such data are not based upon a
large enough sample size to be statistically reliable.
SEC. 213. GAO STUDY ON RESOURCES REQUIRED TO PROVIDE SAFE AND EFFECTIVE
OUTPATIENT CANCER THERAPY.
(a) Study.--The Comptroller General of the United States shall
conduct a nationwide study to determine the physician and non-physician
clinical resources necessary to provide safe outpatient cancer therapy
services and the appropriate payment rates for such services under the
medicare program. In making such determination, the Comptroller General
shall--
(1) determine the adequacy of practice expense relative
value units associated with the utilization of those clinical
resources;
(2) determine the adequacy of work units in the practice
expense formula; and
(3) assess various standards to assure the provision of safe
outpatient cancer therapy services.
(b) Report to Congress.--The Comptroller General shall submit to
Congress a report on the study conducted under subsection (a). The
report shall include recommendations regarding practice expense
adjustments to the payment methodology under part B of title XVIII of
the Social Security Act, including the development and inclusion of
adequate work units to assure the adequacy of payment amounts for safe
outpatient cancer therapy
[[Page 113 STAT. 1501A-351]]
services. The study shall also include an estimate of the cost of
implementing such recommendations.
Subtitle C--Other Services
SEC. 221. REVISION OF PROVISIONS RELATING TO THERAPY SERVICES.
(a) 2-Year Moratorium on Caps.--
(1) In general.--Section 1833(g) of the Social Security Act
(42 U.S.C. 1395l(g)) is amended--
(A) in paragraphs (1) and (3), by striking ``In the
case'' each place it appears and inserting ``Subject to
paragraph (4), in the case''; and
(B) by adding at the end the following:
``(4) This subsection shall not apply to expenses incurred with
respect to services furnished during 2000 and 2001.''.
(2) Focused medical reviews of claims during moratorium
period.--During years in which paragraph (4) of section 1833(g)
of the Social Security Act (42 U.S.C. 1395l(g)) applies (under
the amendment made by paragraph (1)(B)), the Secretary of Health
and Human Services shall conduct focused medical reviews of
claims for reimbursement for services described in paragraph (1)
or (3) of such section, with an emphasis on such claims for
services that are provided to residents of skilled nursing
facilities.
(b) Technical Amendment Relating To Being Under the Care of a
Physician.--
(1) In general.--Section 1861 (42 U.S.C. 1395x) is amended--
(A) in subsection (p)(1), by striking ``or (3)'' and
inserting ``, (3), or (4)''; and
(B) in subsection (r)(4), by inserting ``for
purposes of subsection (p)(1) and'' after ``but only''.
(2) Effective date.--The amendments made by paragraph (1)
apply to services furnished on or after January 1, 2000.
(c) Revision of Report.--
(1) In general.--Section 4541(d)(2) of BBA (42 U.S.C. 1395l
note) is amended to read as follows:
``(2) Report.--Not later than January 1, 2001, the Secretary
of Health and Human Services shall submit to Congress a report
that includes recommendations on--
``(A) the establishment of a mechanism for assuring
appropriate utilization of outpatient physical therapy
services, outpatient occupational therapy services, and
speech-language pathology services that are covered
under the medicare program under title XVIII of the
Social Security Act (42 U.S.C. 1395); and
``(B) the establishment of an alternative payment
policy for such services based on classification of
individuals by diagnostic category, functional status,
prior use of services (in both inpatient and outpatient
settings), and such other criteria as the Secretary
determines appropriate, in place of the uniform dollar
limitations specified in section 1833(g) of such Act, as
amended by paragraph (1).
The recommendations shall include how such a mechanism or policy
might be implemented in a budget-neutral manner.''.
[[Page 113 STAT. 1501A-352]]
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if included in the enactment of section
4541 of BBA.
(d) Study and Report on Utilization.--
(1) Study.--
(A) In general.--The Secretary of Health and Human
Services shall conduct a study which compares--
(i) utilization patterns (including nationwide
patterns, and patterns by region, types of
settings, and diagnosis or condition) of
outpatient physical therapy services, outpatient
occupational therapy services, and speech-language
pathology services that are covered under the
medicare program under title XVIII of the Social
Security Act (42 U.S.C. 1395) and provided on or
after January 1, 2000; with
(ii) such patterns for such services that were
provided in 1998 and 1999.
(B) Review of claims.--In conducting the study under
this subsection the Secretary of Health and Human
Services shall review a statistically significant number
of claims for reimbursement for the services described
in subparagraph (A).
(2) Report.--Not later than June 30, 2001, the Secretary of
Health and Human Services shall submit a report to Congress on
the study conducted under paragraph (1), together with any
recommendations for legislation that the Secretary determines to
be appropriate as a result of such study.
SEC. 222. UPDATE IN RENAL DIALYSIS COMPOSITE RATE.
(a) In General.--Section 1881(b)(7) (42 U.S.C. 1395rr(b)(7)) is
amended by adding at the end the following new flush sentence:
``The Secretary shall increase the amount of each composite rate payment
for dialysis services furnished during 2000 by 1.2 percent above such
composite rate payment amounts for such services furnished on December
31, 1999, and for such services furnished on or after January 1, 2001,
by 1.2 percent above such composite rate payment amounts for such
services furnished on December 31, 2000.''.
(b) Conforming Amendment.--The second sentence of section 9335(a)(1)
of the Omnibus Budget Reconciliation Act of 1986 (42 U.S.C. 1395rr note)
is amended by inserting ``and before January 1, 2000,'' after ``on or
after January 1, 1991,''.
(c) Study on Payment Level for Home Hemodialysis.--The Medicare
Payment Advisory Commission shall conduct a study on the appropriateness
of the differential in payment under the medicare program for
hemodialysis services furnished in a facility and such services
furnished in a home. Not later than 18 months after the date of the
enactment of this Act, the Commission shall submit to Congress a report
on such study and shall include recommendations regarding changes in
medicare payment policy in response to the study.
SEC. 223. IMPLEMENTATION OF THE INHERENT REASONABLENESS (IR) AUTHORITY.
(a) Limitation on Use.--The Secretary of Health and Human Services
may not use, or permit fiscal intermediaries or carriers to use, the
inherent reasonableness authority provided under section
[[Page 113 STAT. 1501A-353]]
1842(b)(8) of the Social Security Act (42 U.S.C. 1395u(b)(8)) until
after--
(1) the Comptroller General of the United States releases a
report pursuant to the request for such a report made on March
1, 1999, regarding the impact of the Secretary's, fiscal
intermediaries', and carriers' use of such authority; and
(2) the Secretary has published a notice of final rulemaking
in the Federal Register that relates to such authority and that
responds to such report and to comments received in response to
the Secretary's interim final regulation relating to such
authority that was published in the Federal Register on January
7, 1998.
(b) Reevaluation of IR Criteria.--In promulgating the final
regulation under subsection (a)(2), the Secretary shall--
(1) reevaluate the appropriateness of the criteria included
in such interim final regulation for identifying payments which
are excessive or deficient; and
(2) take appropriate steps to ensure the use of valid and
reliable data when exercising such authority.
(c) Technical Correction.--Section 1842(b)(8)(A)(i)(I) (42 U.S.C.
1395u(b)(8)(A)(i)(I)) is amended by striking ``the application of this
part'' and inserting ``the application of this title to payment under
this part''.
SEC. 224. INCREASE IN REIMBURSEMENT FOR PAP SMEARS.
(a) Pap Smear Payment Increase.--Section 1833(h) (42 U.S.C.
1395l(h)) is amended by adding at the end the following new paragraph:
``(7) Notwithstanding paragraphs (1) and (4), the Secretary shall
establish a national minimum payment amount under this subsection for a
diagnostic or screening pap smear laboratory test (including all
cervical cancer screening technologies that have been approved by the
Food and Drug Administration as a primary screening method for detection
of cervical cancer) equal to $14.60 for tests furnished in 2000. For
such tests furnished in subsequent years, such national minimum payment
amount shall be adjusted annually as provided in paragraph (2).''.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) the Health Care Financing Administration has been slow
to incorporate or provide incentives for providers to use new
screening diagnostic health care technologies in the area of
cervical cancer;
(2) some new technologies have been developed which optimize
the effectiveness of pap smear screening; and
(3) the Health Care Financing Administration should
institute an appropriate increase in the payment rate for new
cervical cancer screening technologies that have been approved
by the Food and Drug Administration and that are significantly
more effective than a conventional pap smear.
SEC. 225. REFINEMENT OF AMBULANCE SERVICES DEMONSTRATION PROJECT.
Effective as if included in the enactment of BBA, section 4532 of
BBA (42 U.S.C. 1395m note) is amended--
(1) in subsection (a), by adding at the end the following:
``Not later than July 1, 2000, the Secretary shall publish a
request for proposals for such projects.''; and
[[Page 113 STAT. 1501A-354]]
(2) by amending paragraph (2) of subsection (b) to read as
follows:
``(2) Capitated payment rate defined.--In this subsection,
the term `capitated payment rate' means, with respect to a
demonstration project--
``(A) in its first year, a rate established for the
project by the Secretary, using the most current
available data, in a manner that ensures that aggregate
payments under the project will not exceed the aggregate
payment that would have been made for ambulance services
under part B of title XVIII of the Social Security Act
in the local area of government's jurisdiction; and
``(B) in a subsequent year, the capitated payment
rate established for the previous year increased by an
appropriate inflation adjustment factor.''.
SEC. 226. PHASE-IN OF PPS FOR AMBULATORY SURGICAL CENTERS.
If the Secretary of Health and Human Services implements a revised
prospective payment system for services of ambulatory surgical
facilities under section 1833(i) of the Social Security Act (42 U.S.C.
1395l(i)), prior to incorporating data from the 1999 Medicare cost
survey or a subsequent cost survey, such system shall be implemented in
a manner so that--
(1) in the first year of its implementation, only a
proportion (specified by the Secretary and not to exceed \1/3\)
of the payment for such services shall be made in accordance
with such system and the remainder shall be made in accordance
with current regulations; and
(2) in the following year a proportion (specified by the
Secretary and not to exceed \2/3\) of the payment for such
services shall be made under such system and the remainder shall
be made in accordance with current regulations.
SEC. 227. EXTENSION OF MEDICARE BENEFITS FOR IMMUNOSUPPRESSIVE DRUGS.
(a) In General.--Section 1861(s)(2)(J)(v) (42 U.S.C.
1395x(s)(2)(J)(v)) is amended by inserting before the semicolon at the
end the following: ``plus such additional number of months (if any)
provided under section 1832(b)''.
(b) Specification of Number of Additional Months.--Section 1832 (42
U.S.C. 1395k) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Extension of Coverage of Immunosuppressive Drugs.--
``(1) Extension.--
``(A) In general.--The Secretary shall specify
consistent with this subsection an additional number of
months (which may be portions of months) of coverage of
immunosuppressive drugs for each cohort (as defined in
subparagraph (C)) in a year during the 5-year period
beginning with 2000. The number of such months for the
cohort--
``(i) for 2000 shall be 8 months; and
``(ii) for 2001 shall, subject to paragraph
(2)(A)(i), be 8 months.
``(B) Application of additional months in a year
only to cohort in that year.--
[[Page 113 STAT. 1501A-355]]
``(i) In general.--The additional months
specified under this subsection for a cohort in a
year in such 5-year period shall apply under
section 1861(s)(2)(J)(v) only to individuals
within such cohort for such year.
``(ii) Construction.--Nothing in this
subsection shall be construed as preventing
additional months of coverage provided for a
cohort for a year from extending coverage to drugs
furnished in months in the succeeding year.
``(C) Cohort defined.--In this subsection, the term
`cohort' means, with respect to a year, those
individuals who would (but for this subsection) exhaust
benefits under section 1861(s)(2)(J)(v) for prescription
drugs used in immunosuppressive therapy furnished at any
time during such year.
``(2) Timing of specification.--Consistent with paragraphs
(3) and (4)--
``(A) May 1, 2001.--Not later than May 1, 2001, the
Secretary--
``(i) may increase the number of months for
the cohort for 2001 above the 8 months provided
under paragraph (1)(A)(ii); and
``(ii) shall compute and specify the number of
additional months of benefits that will be
available for the cohort for 2002.
``(B) May 1, 2002 and 2003.--Not later than May 1 of
2002 and 2003, the Secretary shall compute and specify
the number of additional months of benefits that will be
available for the cohort for the following year under
this subsection. Such number may be more or less than 8
months.
``(3) Basis for specification.--Using appropriate actuarial
methods, the Secretary shall compute the number of additional
months for the cohort for a year under this subsection in a
manner so that the total expenditures under this part
attributable to this subsection, as computed based upon the best
available data at the time additional months are specified under
this subsection, do not exceed $150,000,000. Subject to
paragraph (4), the Secretary shall seek to compute such months
in a manner that provides for a level number of months for each
cohort in each year in the last 4 years of the 5-year period
described in paragraph (1)(A).
``(4) Annual adjustment to maintain aggregate expenditures
within limits.--In computing and specifying the number of
additional months under paragraph (2), the Secretary shall
adjust the number of additional months under this subsection for
a cohort for a year from that provided in the previous year
within such 5-year period to the extent necessary to take into
account, based upon the best available data, differences between
actual and estimated expenditures under this part attributable
to this subsection for previous years and to comply with the
limitation on total expenditures under paragraph (3).''.
(c) Transitional Pass-Through of Additional Costs Under
Medicare+Choice Program for 2000.--The provisions of subparagraphs (A)
and (B) of section 1852(a)(5) of the Social Security Act (42 U.S.C.
1395w-22(a)(5)) shall apply with respect to the
[[Page 113 STAT. 1501A-356]]
coverage of additional benefits for immunosuppressive drugs under the
amendments made by this section for drugs furnished in 2000 in the same
manner as if such amendments constituted a national coverage
determination described in the matter in such section before
subparagraph (A).
(d) Report on Immunosuppressive Drug Benefit.--
(1) In general.--Not later than March 1, 2003, the Secretary
of Health and Human Services shall submit to Congress a report
on the operation of this section and the amendments made by this
section. The report shall include--
(A) an analysis of the impact of this section; and
(B) recommendations regarding an appropriate cost-
effective method for providing coverage of
immunosuppressive drugs under the medicare program on a
permanent basis.
(2) Considerations.--In making recommendations under
paragraph (1)(B), the Secretary shall identify potential
modifications to the immunosuppressive drug benefit that would
best promote the objectives of--
(A) improving health outcomes (by decreasing
transplant rejection rates that are attributable to
failure to comply with immunosuppressive drug regimens);
(B) achieving cost savings to the medicare program
(by decreasing the need for secondary transplants and
other care relating to post-transplant complications);
and
(C) meeting the needs of those medicare
beneficiaries who, because of income or other factors,
would be less likely to maintain an immunosuppressive
drug regimen in the absence of such modifications.
SEC. 228. TEMPORARY INCREASE IN PAYMENT RATES FOR DURABLE MEDICAL
EQUIPMENT AND OXYGEN.
(a) In General.--For purposes of payments under section 1834(a) of
the Social Security Act (42 U.S.C. 1395m(a)) for covered items (as
defined in paragraph (13) of that section) furnished during 2001 and
2002, the Secretary of Health and Human Services shall increase the
payment amount in effect (but for this section) for such items for--
(1) 2001 by 0.3 percent, and
(2) 2002 by 0.6 percent.
(b) Limiting Application to Specified Years.--The payment amount
increase--
(1) under subsection (a)(1) shall not apply after 2001 and
shall not be taken into account in calculating the payment
amounts applicable for covered items furnished after such year;
and
(2) under subsection (a)(2) shall not apply after 2002 and
shall not be taken into account in calculating the payment
amounts applicable for covered items furnished after such year.
SEC. 229. STUDIES AND REPORTS.
(a) MedPAC Study on Postsurgical Recovery Care Center Services.--
(1) In general.--The Medicare Payment Advisory Commission
shall conduct a study on the cost-effectiveness and efficacy of
covering under the medicare program under title XVIII of the
Social Security Act services of a post-surgical recovery care
center (that provides an intermediate level of recovery
[[Page 113 STAT. 1501A-357]]
care following surgery). In conducting such study, the
Commission shall consider data on these centers gathered in
demonstration projects.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall submit to Congress a
report on such study and shall include in the report
recommendations on the feasibility, costs, and savings of
covering such services under the medicare program.
(b) AHCPR Study on Effect of Credentialing of Technologists and
Sonographers on Quality of Ultrasound.--
(1) Study.--The Administrator for Health Care Policy and
Research shall provide for a study that, with respect to the
provision of ultrasound under the medicare and medicaid programs
under titles XVIII and XIX of the Social Security Act, compares
differences in quality between ultrasound furnished by
individuals who are credentialed by private entities or
organizations and ultrasound furnished by those who are not so
credentialed. Such study shall examine and evaluate differences
in error rates, resulting complications, and patient outcomes as
a result of the differences in credentialing. In designing the
study, the Administrator shall consult with organizations
nationally recognized for their expertise in ultrasound.
(2) Report.--Not later than two years after the date of the
enactment of this Act, the Administrator shall submit a report
to Congress on the study conducted under paragraph (1).
(c) MedPAC Study on the Complexity of the Medicare Program and the
Levels of Burdens Placed on Providers Through Federal Regulations.--
(1) Study.--The Medicare Payment Advisory Commission shall
undertake a comprehensive study to review the regulatory burdens
placed on all classes of health care providers under parts A and
B of the medicare program under title XVIII of the Social
Security Act and to determine the costs these burdens impose on
the nation's health care system. The study shall also examine
the complexity of the current regulatory system and its impact
on providers.
(2) Report.--Not later than December 31, 2001, the
Commission shall submit to Congress one or more reports on the
study conducted under paragraph (1). The report shall include
recommendations regarding--
(A) how the Health Care Financing Administration can
reduce the regulatory burdens placed on patients and
providers; and
(B) legislation that may be appropriate to reduce
the complexity of the medicare program, including
improvement of the rules regarding billing, compliance,
and fraud and abuse.
(d) GAO Continued Monitoring of Department of Justice Application of
Guidelines on Use of False Claims Act in Civil Health Care Matters.--The
Comptroller General of the United States shall--
(1) continue the monitoring, begun under section 118 of the
Department of Justice Appropriations Act, 1999 (included in
Public Law 105-277) of the compliance of the Department of
Justice and all United States Attorneys with the ``Guidance
[[Page 113 STAT. 1501A-358]]
on the Use of the False Claims Act in Civil Health Care
Matters'' issued by the Department of Justice on June 3, 1998,
including any revisions to that guidance; and
(2) not later than April 1, 2000, and of each of the two
succeeding years, submit a report on such compliance to the
appropriate Committees of Congress.
TITLE III--PROVISIONS RELATING TO PARTS A AND B
Subtitle A--Home Health Services
SEC. 301. ADJUSTMENT TO REFLECT ADMINISTRATIVE COSTS NOT INCLUDED IN THE
INTERIM PAYMENT SYSTEM; GAO REPORT ON COSTS OF COMPLIANCE
WITH OASIS DATA COLLECTION REQUIREMENTS.
(a) Adjustment To Reflect Administrative Costs.--
(1) In general.--In the case of a home health agency that
furnishes home health services to a medicare beneficiary, for
each such beneficiary to whom the agency furnished such services
during the agency's cost reporting period beginning in fiscal
year 2000, the Secretary of Health and Human Services shall pay
the agency, in addition to any amount of payment made under
section 1861(v)(1)(L) of the Social Security Act (42 U.S.C.
1395x(v)(1)(L)) for the beneficiary and only for such cost
reporting period, an aggregate amount of $10 to defray costs
incurred by the agency attributable to data collection and
reporting requirements under the Outcome and Assessment
Information Set (OASIS) required by reason of section 4602(e) of
BBA (42 U.S.C. 1395fff note).
(2) Payment schedule.--
(A) Midyear payment.--Not later than April 1, 2000,
the Secretary shall pay to a home health agency an
amount that the Secretary estimates to be 50 percent of
the aggregate amount payable to the agency by reason of
this subsection.
(B) Upon settled cost report.--The Secretary shall
pay the balance of amounts payable to an agency under
this subsection on the date that the cost report
submitted by the agency for the cost reporting period
beginning in fiscal year 2000 is settled.
(3) Payment from trust funds.--Payments under this
subsection shall be made, in appropriate part as specified by
the Secretary, from the Federal Hospital Insurance Trust Fund
and from the Federal Supplementary Medical Insurance Trust Fund.
(4) Definitions.--In this subsection:
(A) Home health agency.--The term ``home health
agency'' has the meaning given that term under section
1861(o) of the Social Security Act (42 U.S.C. 1395x(o)).
(B) Home health services.--The term ``home health
services'' has the meaning given that term under section
1861(m) of such Act (42 U.S.C. 1395x(m)).
(C) Medicare beneficiary.--The term ``medicare
beneficiary'' means a beneficiary described in section
[[Page 113 STAT. 1501A-359]]
1861(v)(1)(L)(vi)(II) of the Social Security Act (42
U.S.C. 1395x(v)(1)(L)(vi)(II)).
(b) GAO Report on Costs of Compliance With OASIS Data Collection
Requirements.--
(1) Report to congress.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller
General of the United States shall submit to Congress a
report on the matters described in subparagraph (B) with
respect to the data collection requirement of patients
of such agencies under the Outcome and Assessment
Information Set (OASIS) standard as part of the
comprehensive assessment of patients.
(B) Matters studied.--For purposes of subparagraph
(A), the matters described in this subparagraph include
the following:
(i) An assessment of the costs incurred by
medicare home health agencies in complying with
such data collection requirement.
(ii) An analysis of the effect of such data
collection requirement on the privacy interests of
patients from whom data is collected.
(C) Audit.--The Comptroller General shall conduct an
independent audit of the costs described in subparagraph
(B)(i). Not later than 180 days after receipt of the
report under subparagraph (A), the Comptroller General
shall submit to Congress a report describing the
Comptroller General's findings with respect to such
audit, and shall include comments on the report
submitted to Congress by the Secretary of Health and
Human Services under subparagraph (A).
(2) Definitions.--In this subsection:
(A) Comprehensive assessment of patients.--The term
``comprehensive assessment of patients'' means the rule
published by the Health Care Financing Administration
that requires, as a condition of participation in the
medicare program, a home health agency to provide a
patient-specific comprehensive assessment that
accurately reflects the patient's current status and
that incorporates the Outcome and Assessment Information
Set (OASIS).
(B) Outcome and assessment information set.--The
term ``Outcome and Assessment Information Set'' means
the standard provided under the rule relating to data
items that must be used in conducting a comprehensive
assessment of patients.
SEC. 302. DELAY IN APPLICATION OF 15 PERCENT REDUCTION IN PAYMENT RATES
FOR HOME HEALTH SERVICES UNTIL ONE YEAR AFTER IMPLEMENTATION
OF PROSPECTIVE PAYMENT SYSTEM.
(a) Contingency Reduction.--Section 4603 of BBA (42 U.S.C. 1395fff
note) (as amended by section 5101(c)(3) of the Tax and Trade Relief
Extension Act of 1998 (contained in division J of Public Law 105-277))
is amended by striking subsection (e).
(b) Prospective Payment System.--Section 1895(b)(3)(A)(i) (42 U.S.C.
1395fff(b)(3)(A)(i)) (as amended by section 5101 of the Tax
[[Page 113 STAT. 1501A-360]]
and Trade Relief Extension Act of 1998 (contained in division J of
Public Law 105-277)) is amended to read as follows:
``(i) In general.--Under such system the
Secretary shall provide for computation of a
standard prospective payment amount (or amounts)
as follows:
``(I) Such amount (or amounts) shall
initially be based on the most current
audited cost report data available to
the Secretary and shall be computed in a
manner so that the total amounts payable
under the system for the 12-month period
beginning on the date the Secretary
implements the system shall be equal to
the total amount that would have been
made if the system had not been in
effect.
``(II) For periods beginning after
the period described in subclause (I),
such amount (or amounts) shall be equal
to the amount (or amounts) that would
have been determined under subclause (I)
that would have been made for fiscal
year 2001 if the system had not been in
effect but if the reduction in limits
described in clause (ii) had been in
effect, updated under subparagraph (B).
Each such amount shall be standardized in a manner
that eliminates the effect of variations in
relative case mix and area wage adjustments among
different home health agencies in a budget neutral
manner consistent with the case mix and wage level
adjustments provided under paragraph (4)(A). Under
the system, the Secretary may recognize regional
differences or differences based upon whether or
not the services or agency are in an urbanized
area.''.
(c) Report.--Not later than the date that is six months after the
date the Secretary of Health and Human Services implements the
prospective payment system for home health services under section 1895
of the Social Security Act (42 U.S.C. 1395fff), the Secretary shall
submit to Congress a report analyzing the need for the 15 percent
reduction under subsection (b)(3)(A)(ii) of such section, or for any
reduction, in the computation of the base payment amounts under the
prospective payment system for home health services established under
such section.
SEC. 303. INCREASE IN PER BENEFICIARY LIMITS.
(a) Increase in Per Beneficiary Limits.--Section 1861(v)(1)(L) of
the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), as amended by
section 5101 of the Tax and Trade Relief Extension Act of 1998
(contained in Division J of Public Law 105-277), is amended--
(1) by redesignating clause (ix) as clause (x); and
(2) by inserting after clause (viii) the following new
clause:
``(ix) Notwithstanding the per beneficiary limit under clause
(viii), if the limit imposed under clause (v) (determined without regard
to this clause) for a cost reporting period beginning during or after
fiscal year 2000 is less than the median described in clause (vi)(I)
(but determined as if any reference in clause (v) to `98 percent' were a
reference to `100 percent'), the limit otherwise
[[Page 113 STAT. 1501A-361]]
imposed under clause (v) for such provider and period shall be increased
by 2 percent.''.
(b) Increase Not Included in PPS Base.--The second sentence of
section 1895(b)(3)(A)(i) (42 U.S.C. 1395fff(b)(3)(A)(i)), as amended by
section 302(b), is further amended--
(1) in subclause (I), by inserting ``and if section
1861(v)(1)(L)(ix) had not been enacted'' before the semicolon;
and
(2) in subclause (II), by inserting ``and if section
1861(v)(1)(L)(ix) had not been enacted'' after ``if the system
had not been in effect''.
(c) Effective Date.--The amendments made by this section shall apply
to services furnished by home health agencies for cost reporting periods
beginning on or after October 1, 1999.
SEC. 304. CLARIFICATION OF SURETY BOND REQUIREMENTS.
(a) Home Health Agencies.--Section 1861(o)(7) (42 U.S.C.
1395x(o)(7)) is amended to read as follows:
``(7) provides the Secretary with a surety bond--
``(A) effective for a period of 4 years (as
specified by the Secretary) or in the case of a change
in the ownership or control of the agency (as determined
by the Secretary) during or after such 4-year period, an
additional period of time that the Secretary determines
appropriate, such additional period not to exceed 4
years from the date of such change in ownership or
control;
``(B) in a form specified by the Secretary; and
``(C) for a year in the period described in
subparagraph (A) in an amount that is equal to the
lesser of $50,000 or 10 percent of the aggregate amount
of payments to the agency under this title and title XIX
for that year, as estimated by the Secretary; and''.
(b) Coordination of Surety Bonds.--Part A of title XI of the Social
Security Act is amended by inserting after section 1128E the following
new section:
``coordination of medicare and medicaid surety bond provisions
``Sec. 1128F. In the case of a home health agency that is subject to
a surety bond requirement under title XVIII and title XIX, the surety
bond provided to satisfy the requirement under one such title shall
satisfy the requirement under the other such title so long as the bond
applies to guarantee return of overpayments under both such titles.''.
(c) Effective Date.--The amendments made by this section take effect
on the date of the enactment of this Act, and in applying section
1861(o)(7) of the Social Security Act (42 U.S.C. 1395x(o)(7)), as
amended by subsection (a), the Secretary of Health and Human Services
may take into account the previous period for which a home health agency
had a surety bond in effect under such section before such date.
SEC. 305. REFINEMENT OF HOME HEALTH AGENCY CONSOLIDATED BILLING.
(a) In General.--Section 1842(b)(6)(F) (42 U.S.C. 1395u(b)(6)(F)) is
amended by inserting ``(including medical supplies described in section
1861(m)(5), but excluding durable medical
[[Page 113 STAT. 1501A-362]]
equipment to the extent provided for in such section)'' after ``home
health services''.
(b) Conforming Amendment.--Section 1862(a)(21) (42 U.S.C.
1395y(a)(21)) is amended by inserting ``(including medical supplies
described in section 1861(m)(5), but excluding durable medical equipment
to the extent provided for in such section)'' after ``home health
services''.
(c) Effective Date.--The amendments made by this section shall apply
to payments for services provided on or after the date of enactment of
this Act.
SEC. 306. TECHNICAL AMENDMENT CLARIFYING APPLICABLE MARKET BASKET
INCREASE FOR PPS.
Section 1895(b)(3)(B)(ii)(I) (42 U.S.C. 1395fff(b)(3)(B)(ii)(I)) is
amended by striking ``fiscal year 2002 or 2003'' and inserting ``each of
fiscal years 2002 and 2003''.
SEC. 307. STUDY AND REPORT TO CONGRESS REGARDING THE EXEMPTION OF RURAL
AGENCIES AND POPULATIONS FROM INCLUSION IN THE HOME HEALTH
PROSPECTIVE PAYMENT SYSTEM.
(a) Study.--The Medicare Payment Advisory Commission (referred to in
this section as ``MedPAC'') shall conduct a study to determine the
feasibility and advisability of exempting home health services provided
by a home health agency (or by others under arrangements with such
agency) located in a rural area, or to an individual residing in a rural
area, from payment under the prospective payment system for such
services established by the Secretary of Health and Human Services in
accordance with section 1895 of the Social Security Act (42 U.S.C.
1395fff).
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, MedPAC shall submit a report to Congress on the study
conducted under subsection (a), together with any recommendations for
legislation that MedPAC determines to be appropriate as a result of such
study.
Subtitle B--Direct Graduate Medical Education
SEC. 311. USE OF NATIONAL AVERAGE PAYMENT METHODOLOGY IN COMPUTING
DIRECT GRADUATE MEDICAL EDUCATION (DGME) PAYMENTS.
(a) In General.--Section 1886(h)(2) (42 U.S.C. 1395ww(h)(2)) is
amended--
(1) in subparagraph (D)(i), by striking ``clause (ii)'' and
inserting ``a subsequent clause'';
(2) by adding at the end of subparagraph (D) the following
new clauses:
``(iii) Floor in fiscal year 2001 at 70
percent of locality adjusted national average per
resident amount.--The approved FTE resident amount
for a hospital for the cost reporting period
beginning during fiscal year 2001 shall not be
less than 70 percent of the locality adjusted
national average per resident amount computed
under subparagraph (E) for the hospital and
period.
[[Page 113 STAT. 1501A-363]]
``(iv) Adjustment in rate of increase for
hospitals with fte approved amount above 140
percent of locality adjusted national average per
resident amount.--
``(I) Freeze for fiscal years 2001
and 2002.--For a cost reporting period
beginning during fiscal year 2001 or
fiscal year 2002, if the approved FTE
resident amount for a hospital for the
preceding cost reporting period exceeds
140 percent of the locality adjusted
national average per resident amount
computed under subparagraph (E) for that
hospital and period, subject to
subclause (III), the approved FTE
resident amount for the period involved
shall be the same as the approved FTE
resident amount for the hospital for
such preceding cost reporting period.
``(II) 2 percent decrease in update
for fiscal years 2003, 2004, and 2005.--
For a cost reporting period beginning
during fiscal year 2003, fiscal year
2004, or fiscal year 2005, if the
approved FTE resident amount for a
hospital for the preceding cost
reporting period exceeds 140 percent of
the locality adjusted national average
per resident amount computed under
subparagraph (E) for that hospital and
preceding period, the approved FTE
resident amount for the period involved
shall be updated in the manner described
in subparagraph (D)(i) except that,
subject to subclause (III), the consumer
price index applied for a 12-month
period shall be reduced (but not below
zero) by 2 percentage points.
``(III) No adjustment below 140
percent.--In no case shall subclause (I)
or (II) reduce an approved FTE resident
amount for a hospital for a cost
reporting period below 140 percent of
the locality adjusted national average
per resident amount computed under
subparagraph (E) for such hospital and
period.'';
(3) by redesignating subparagraph (E) as subparagraph (F);
and
(4) by inserting after subparagraph (D) the following new
subparagraph:
``(E) Determination of locality adjusted national
average per resident amount.--The Secretary shall
determine a locality adjusted national average per
resident amount with respect to a cost reporting period
of a hospital beginning during a fiscal year as follows:
``(i) Determining hospital single per resident
amount.--The Secretary shall compute for each
hospital operating an approved graduate medical
education program a single per resident amount
equal to the average (weighted by number of full-
time equivalent residents, as determined under
paragraph (4)) of the primary care per resident
amount and the non-primary care per resident
amount computed under paragraph (2) for cost
reporting periods ending during fiscal year 1997.
[[Page 113 STAT. 1501A-364]]
``(ii) Standardizing per resident amounts.--
The Secretary shall compute a standardized per
resident amount for each such hospital by dividing
the single per resident amount computed under
clause (i) by an average of the 3 geographic index
values (weighted by the national average weight
for each of the work, practice expense, and
malpractice components) as applied under section
1848(e) for 1999 for the fee schedule area in
which the hospital is located.
``(iii) Computing of weighted average.--The
Secretary shall compute the average of the
standardized per resident amounts computed under
clause (ii) for such hospitals, with the amount
for each hospital weighted by the average number
of full-time equivalent residents at such hospital
(as determined under paragraph (4)).
``(iv) Computing national average per resident
amount.--The Secretary shall compute the national
average per resident amount, for a hospital's cost
reporting period that begins during fiscal year
2001, equal to the weighted average computed under
clause (iii) increased by the estimated percentage
increase in the consumer price index for all urban
consumers during the period beginning with the
month that represents the midpoint of the cost
reporting periods described in clause (i) and
ending with the midpoint of the hospital's cost
reporting period that begins during fiscal year
2001.
``(v) Adjusting for locality.--The Secretary
shall compute the product of--
``(I) the national average per
resident amount computed under clause
(iv) for the hospital, and
``(II) the geographic index value
average (described and applied under
clause (ii)) for the fee schedule area
in which the hospital is located.
``(vi) Computing locality adjusted amount.--
The locality adjusted national per resident amount
for a hospital for--
``(I) the cost reporting period
beginning during fiscal year 2001 is the
product computed under clause (v); or
``(II) each subsequent cost
reporting period is equal to the
locality adjusted national per resident
amount for the hospital for the previous
cost reporting period (as determined
under this clause) updated, through the
midpoint of the period, by projecting
the estimated percentage change in the
consumer price index for all urban
consumers during the 12-month period
ending at that midpoint.''.
(b) Conforming Amendments.--Section 1886(h)(2)(D) (42 U.S.C.
1395ww(h)(2)(D)) is further amended--
(1) in clause (i)--
(A) by striking ``periods.--(i)'' and inserting the
following (and conforming the indentation of the
succeeding matter accordingly): ``periods.--
``(i) In general.--''; and
[[Page 113 STAT. 1501A-365]]
(B) by striking ``the amount determined'' and
inserting ``the approved FTE resident amount
determined''; and
(2) in clause (ii)--
(A) by indenting the clause 2 ems to the right; and
(B) by inserting ``Freeze in update for fiscal years
1994 and 1995.--'' after ``(ii)''.
SEC. 312. INITIAL RESIDENCY PERIOD FOR CHILD NEUROLOGY RESIDENCY
TRAINING PROGRAMS.
(a) In General.--Section 1886(h)(5) (42 U.S.C. 1395ww(h)(5)) is
amended--
(1) in the last sentence of subparagraph (F), by striking
``The initial residency period'' and inserting ``Subject to
subparagraph (G)(v), the initial residency period''; and
(2) in subparagraph (G)--
(A) in clause (i) by striking ``and (iv)'' and
inserting ``(iv), and (v)''; and
(B) by adding at the end the following new clause:
``(v) Child neurology training programs.--In
the case of a resident enrolled in a child
neurology residency training program, the period
of board eligibility and the initial residency
period shall be the period of board eligibility
for pediatrics plus 2 years.''.
(b) Effective Date.--The amendments made by subsection (a) apply on
and after July 1, 2000, to residency programs that began before, on, or
after the date of the enactment of this Act.
(c) MedPAC Report.--The Medicare Payment Advisory Commission shall
include in its report submitted to Congress in March of 2001
recommendations regarding the appropriateness of the initial residency
period used under section 1886(h)(5)(F) of the Social Security Act (42
U.S.C. 1395ww(h)(5)(F)) for other residency training programs in a
specialty that require preliminary years of study in another specialty.
Subtitle C--Technical Corrections
SEC. 321. BBA TECHNICAL CORRECTIONS.
(a) Section 4201.--Section 1820(c)(2)(B)(i) (42 U.S.C. 1395i-
4(c)(2)(B)(i)) is amended by striking ``and is located in a county (or
equivalent unit of local government) in a rural area (as defined in
section 1886(d)(2)(D)) that'' and inserting ``that is located in a
county (or equivalent unit of local government) in a rural area (as
defined in section 1886(d)(2)(D)), and that''.
(b) Section 4204.--(1) Section 1886(d)(5)(G) (42 U.S.C.
1395ww(d)(5)(G)) is amended--
(A) in clause (i), by striking ``or beginning on or after
October 1, 1997, and before October 1, 2001,'' and inserting
``or discharges occurring on or after October 1, 1997, and
before October 1, 2001,''; and
(B) in clause (ii)(II), by striking ``or beginning on or
after October 1, 1997, and before October 1, 2001,'' and
inserting ``or discharges occurring on or after October 1, 1997,
and before October 1, 2001,''.
(2) Section 1886(b)(3)(D) (42 U.S.C. 1395ww(b)(3)(D)) is amended in
the matter preceding clause (i) by striking ``and for cost reporting
periods beginning on or after October 1, 1997, and
[[Page 113 STAT. 1501A-366]]
before October 1, 2001,'' and inserting ``and for discharges beginning
on or after October 1, 1997, and before October 1, 2001,''.
(c) Section 4319.--Section 1847(b)(2) (42 U.S.C. 1395w-3(b)(2)) is
amended by inserting ``and'' after ``specified by the Secretary''.
(d) Section 4401.--Section 4401(b)(1)(B) of BBA (42 U.S.C. 1395ww
note) is amended by striking ``section 1886(b)(3)(B)(i)(XIII) of the
Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(i)(XIII)))'' and
inserting ``section 1886(b)(3)(B)(i)(XIV) of the Social Security Act (42
U.S.C. 1395ww(b)(3)(B)(i)(XIV)))''.
(e) Section 4402.--The last sentence of section 1886(g)(1)(A) (42
U.S.C. 1395ww(g)(1)(A)) is amended by striking ``September 30, 2002,''
and inserting ``October 1, 2002,''.
(f) Section 4419.--The first sentence of section 1886(b)(4)(A)(i)
(42 U.S.C. 1395ww(b)(4)(A)(i)) is amended by striking ``or unit''.
(g) Section 4432.--(1) Section 1888(e)(8)(B) (42 U.S.C.
1395yy(e)(8)(B)) is amended by striking ``January 1, 1999,'' and
inserting ``July 1, 1999''.
(2) Section 1833(h)(5)(A)(iii) (42 U.S.C. 1395l(h)(5)(A)(iii)) is
amended--
(A) by striking ``or critical access hospital,'' and
inserting ``, critical access hospital, or skilled nursing
facility,''; and
(B) by inserting ``or skilled nursing facility'' before the
period.
(h) Section 4416.--Section 1886(b)(7)(A)(i)(II) (42 U.S.C.
1395ww(b)(7)(A)(i)(II)) is amended by inserting ``(as estimated by the
Secretary)'' after ``median''.
(i) Section 4442.--Section 4442(b) of BBA (42 U.S.C. 1395f note) is
amended by striking ``applies to cost reporting periods beginning'' and
inserting ``applies to items and services furnished''.
(j) HIPAA Section 201.--
(1) In general.--Section 1817(k)(2)(C)(i) (42 U.S.C.
1395i(k)(2)(C)(i)) is amended by striking ``section
982(a)(6)(B)'' and inserting ``section 24(a)''.
(2) Effective date.--The amendment made by this subsection
shall take effect as if included in the amendment made by
section 201 of the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191; 110 Stat. 1992).
(k) Other Technical Amendments.--
(1) Section 4611.--Section 1812(b) (42 U.S.C. 1395d(b)) is
amended in the matter following paragraph (3) by inserting
``during'' after ``100 visits''.
(2) Section 4511.--Section 1833(a)(1)(O) (42 U.S.C.
1395l(a)(1)(O)) is amended by striking the semicolon and
inserting a comma.
(3) Section 4551.--Section 1834(h)(4)(A) (42 U.S.C.
1395m(h)(4)(A)) is amended--
(A) in clause (i), by striking the comma at the end
and inserting a semicolon; and
(B) in clause (v), by striking ``, and'' and
inserting ``; and''.
(4) Section 4315.-- Section 1842(s)(2)(E) (42 U.S.C.
1395u(s)(2)(E)) is amended by inserting a period at the end.
(5) Sections 4103, 4104, and 4106.--
(A) Section 4103.--Section 1848(j)(3) (42 U.S.C.
1395w-4(j)(3)) is amended by striking ``1861(oo)(2),''
and inserting ``1861(oo)(2))''.
[[Page 113 STAT. 1501A-367]]
(B) Section 4104.--Such section is further amended
by striking ``(B) ,'' and inserting ``(B),''.
(C) Section 4106.--Such section is further amended
by striking ``and (15)'' and inserting ``, and (15)''.
(6) Section 4001.--(A) Section 1851(i)(2) (42 U.S.C. 1395w-
21(i)(2)) is amended by striking ``and'' after ``1857(f)(2),''.
(B) Section 1852 (42 U.S.C. 1395w-22) is amended--
(i) in subsection (a)(3)(A)--
(I) by striking the comma after ``MSA plan'';
and
(II) by inserting a comma after ``the
coverage)'';
(ii) in subsection (g)--
(I) in paragraph (1)(B), by inserting ``or''
after ``in whole''; and
(II) in paragraph (3)(B)(ii), by inserting a
period at the end;
(iii) in subsection (h)(2), by striking the comma
and inserting a semicolon; and
(iv) in subsection (k)(2)(C)(ii), by striking
``balancing'' and inserting ``balance''.
(C) Section 1854(a) (42 U.S.C. 1395w-24(a)) is amended--
(i) in paragraph (2)--
(I) in subparagraph (A), in the matter
preceding clause (i), by inserting ``section''
before ``1852(a)(1)(A)''; and
(II) in subparagraph (B), in the matter
preceding clause (i), by inserting ``section''
after ``described in'';
(ii) in paragraph (3)--
(I) in subparagraph (A), by inserting
``section'' after ``described in''; and
(II) in subparagraph (B), by inserting
``section'' after ``described in''; and
(iii) in paragraph (4)--
(I) in the matter preceding subparagraph (A),
by inserting ``section'' after ``described in'';
(II) in subparagraph (A), in the matter
preceding clause (i), by inserting ``section''
after ``described in''; and
(III) in subparagraph (B), by inserting
``section'' after ``described in''.
(7) Section 4557.--Section 1861(s)(2)(T)(ii) (42 U.S.C.
1395x(s)(2)(T)(ii)) is amended by striking the period and
inserting a semicolon.
(8) Section 4205.--Section 1861(aa)(2) (42 U.S.C.
1395x(aa)(2)) is amended--
(A) in subparagraph (I), by striking the comma at
the end and inserting a semicolon; and
(B) by realigning subparagraph (I) so as to align
the left margin of such subparagraph with the left
margin of subparagraph (H); and
(9) Section 4454.--Section 1861(ss)(1)(G)(i) (42 U.S.C.
1395x(ss)(1)(G)(i)) is amended--
(A) by striking ``owed'' and inserting ``owned'';
and
(B) by striking ``of'' and inserting ``or''.
(10) Section 4103.--Section 1862(a)(7) (42 U.S.C.
1395y(a)(7)) is amended by striking ``subparagraphs'' and
inserting ``subparagraph''.
[[Page 113 STAT. 1501A-368]]
(11) Section 4002.--Section 1866(a)(1) (42 U.S.C.
1395cc(a)(1)) is amended--
(A) in subparagraph (I)(iii), by striking the
semicolon and inserting a comma;
(B) in subparagraph (N)(iv), by striking ``and'' at
the end; and
(C) in subparagraph (O), by striking the semicolon
at the end and inserting a comma.
(12) Section 4321.--Section 1866(a)(1) (42 U.S.C.
1395cc(a)(1)) is amended--
(A) in subparagraph (Q), by striking the semicolon
at the end and inserting a comma; and
(B) in subparagraph (R), by inserting ``, and'' at
the end.
(13) Section 4003.--Section 1882(g)(1) (42 U.S.C.
1395ss(g)(1)) is amended by striking ``or'' after ``does not
include''.
(14) Section 4031.--Section 1882(s)(2)(D) (42 U.S.C.
1395ss(s)(2)(D)), is amended in the matter preceding clause (i),
by inserting ``section'' after ``as defined in''.
(15) Section 4421.--Section 1886(b) (42 U.S.C. 1395ww(b)) is
amended--
(A) in paragraph (1), in the matter following
subparagraph (C), by inserting a comma after ``paragraph
(2)''; and
(B) in paragraph (3)(B)(ii)--
(i) in subclause (VI), by striking the
semicolon and inserting a comma; and
(ii) in subclause (VII), by striking the
semicolon and inserting a comma.
(16) Section 4403.--Section 1886(d)(5)(F) (42 U.S.C.
1395ww(d)(5)(F)) is amended by inserting a comma after ``1986''.
(17) Section 4406.--Section 1886(d)(9)(A)(ii) (42 U.S.C.
1395ww(d)(9)(A)(ii)) is amended by inserting a comma after
``1987''.
(18) Section 4432.--Section 1888(e)(4)(E) (42 U.S.C.
1395yy(e)(4)(E)) is amended--
(A) in clause (i), by striking ``federal'' and
inserting ``Federal''; and
(B) in clause (ii), in the matter preceding
subclause (I), by striking ``federal'' each place it
appears and inserting ``Federal''.
(19) Section 4603.--Section 1895(b)(1) (42 U.S.C.
1395fff(b)(1)) is amended by striking ``the this section'' and
inserting ``this section''.
(l) Section 1135 of the Social Security Act.--Effective on the date
of the enactment of this Act, section 1135 (42 U.S.C. 1320b-5) is
repealed.
(m) Effective Date.--Except as otherwise provided, the amendments
made by this section shall take effect as if included in the enactment
of BBA.
[[Page 113 STAT. 1501A-369]]
TITLE IV--RURAL PROVIDER PROVISIONS
Subtitle A--Rural Hospitals
SEC. 401. PERMITTING RECLASSIFICATION OF CERTAIN URBAN HOSPITALS AS
RURAL HOSPITALS.
(a) In General.--Section 1886(d)(8) (42 U.S.C. 1395ww(d)(8)) is
amended by adding at the end the following new subparagraph:
``(E)(i) For purposes of this subsection, not later than 60 days
after the receipt of an application (in a form and manner determined by
the Secretary) from a subsection (d) hospital described in clause (ii),
the Secretary shall treat the hospital as being located in the rural
area (as defined in paragraph (2)(D)) of the State in which the hospital
is located.
``(ii) For purposes of clause (i), a subsection (d) hospital
described in this clause is a subsection (d) hospital that is located in
an urban area (as defined in paragraph (2)(D)) and satisfies any of the
following criteria:
``(I) The hospital is located in a rural census tract of a
metropolitan statistical area (as determined under the most
recent modification of the Goldsmith Modification, originally
published in the Federal Register on February 27, 1992 (57 Fed.
Reg. 6725)).
``(II) The hospital is located in an area designated by any
law or regulation of such State as a rural area (or is
designated by such State as a rural hospital).
``(III) The hospital would qualify as a rural, regional, or
national referral center under paragraph (5)(C) or as a sole
community hospital under paragraph (5)(D) if the hospital were
located in a rural area.
``(IV) The hospital meets such other criteria as the
Secretary may specify.''.
(b) Conforming Changes.--(1) Section 1833(t) (42 U.S.C. 1395l(t)),
as amended by sections 201 and 202, is further amended by adding at the
end the following new paragraph:
``(13) Miscellaneous provisions.--
``(A) Application of reclassification of certain
hospitals.--If a hospital is being treated as being
located in a rural area under section 1886(d)(8)(E),
that hospital shall be treated under this subsection as
being located in that rural area.''.
(2) Section 1820(c)(2)(B)(i) (42 U.S.C. 1395i-4(c)(2)(B)(i)) is
amended, in the matter preceding subclause (I), by inserting ``or is
treated as being located in a rural area pursuant to section
1886(d)(8)(E)'' after ``section 1886(d)(2)(D))''.
(c) Effective Date.--The amendments made by this section shall
become effective on January 1, 2000.
SEC. 402. UPDATE OF STANDARDS APPLIED FOR GEOGRAPHIC RECLASSIFICATION
FOR CERTAIN HOSPITALS.
(a) In General.--Section 1886(d)(8)(B) (42 U.S.C. 1395ww(d)(8)(B))
is amended--
(1) by inserting ``(i)'' after ``(B)'';
[[Page 113 STAT. 1501A-370]]
(2) by striking ``published in the Federal Register on
January 3, 1980'' and inserting ``described in clause (ii)'';
and
(3) by adding at the end the following new clause:
``(ii) The standards described in this clause for cost reporting
periods beginning in a fiscal year--
``(I) before fiscal year 2003, are the standards published
in the Federal Register on January 3, 1980, or, at the election
of the hospital with respect to fiscal years 2001 and 2002,
standards so published on March 30, 1990; and
``(II) after fiscal year 2002, are the standards published
in the Federal Register by the Director of the Office of
Management and Budget based on the most recent available
decennial population data.
Subparagraphs (C) and (D) shall not apply with respect to the
application of subclause (I).''.
(b) Effective Date.--The amendments made by subsection (a) apply
with respect to discharges occurring during cost reporting periods
beginning on or after October 1, 1999.
SEC. 403. IMPROVEMENTS IN THE CRITICAL ACCESS HOSPITAL (CAH) PROGRAM.
(a) Applying 96-Hour Limit on an Annual, Average Basis.--
(1) In general.--Section 1820(c)(2)(B)(iii) (42 U.S.C.
1395i-4(c)(2)(B)(iii)) is amended by striking ``for a period not
to exceed 96 hours'' and all that follows and inserting ``for a
period that does not exceed, as determined on an annual, average
basis, 96 hours per patient;''.
(2) Effective date.--The amendment made by paragraph (1)
takes effect on the date of the enactment of this Act.
(b) Permitting For-Profit Hospitals To Qualify for Designation as a
Critical Access Hospital.--Section 1820(c)(2)(B)(i) (42 U.S.C. 1395i-
4(c)(2)(B)(i)) is amended in the matter preceding subclause (I), by
striking ``nonprofit or public hospital'' and inserting ``hospital''.
(c) Allowing Closed or Downsized Hospitals To Convert to Critical
Access Hospitals.--Section 1820(c)(2) (42 U.S.C. 1395i-4(c)(2)) is
amended--
(1) in subparagraph (A), by striking ``subparagraph (B)''
and inserting ``subparagraphs (B), (C), and (D)''; and
(2) by adding at the end the following new subparagraphs:
``(C) Recently closed facilities.--A State may
designate a facility as a critical access hospital if
the facility--
``(i) was a hospital that ceased operations on
or after the date that is 10 years before the date
of the enactment of this subparagraph; and
``(ii) as of the effective date of such
designation, meets the criteria for designation
under subparagraph (B).
``(D) Downsized facilities.--A State may designate a
health clinic or a health center (as defined by the
State) as a critical access hospital if such clinic or
center--
``(i) is licensed by the State as a health
clinic or a health center;
``(ii) was a hospital that was downsized to a
health clinic or health center; and
[[Page 113 STAT. 1501A-371]]
``(iii) as of the effective date of such
designation, meets the criteria for designation
under subparagraph (B).''.
(d) Election of Cost-Based Payment Option for Outpatient Critical
Access Hospital Services.--
(1) In general.--Section 1834(g) (42 U.S.C. 1395m(g)) is
amended to read as follows:
``(g) Payment for Outpatient Critical Access Hospital Services.--
``(1) In general.--The amount of payment for outpatient
critical access hospital services of a critical access hospital
is the reasonable costs of the hospital in providing such
services, unless the hospital makes the election under paragraph
(2).
``(2) Election of cost-based hospital outpatient service
payment plus fee schedule for professional services.--A critical
access hospital may elect to be paid for outpatient critical
access hospital services amounts equal to the sum of the
following, less the amount that such hospital may charge as
described in section 1866(a)(2)(A):
``(A) Facility fee.--With respect to facility
services, not including any services for which payment
may be made under subparagraph (B), the reasonable costs
of the critical access hospital in providing such
services.
``(B) Fee schedule for professional services.--With
respect to professional services otherwise included
within outpatient critical access hospital services,
such amounts as would otherwise be paid under this part
if such services were not included in outpatient
critical access hospital services.
``(3) Disregarding charges.--The payment amounts under this
subsection shall be determined without regard to the amount of
the customary or other charge.''.
(2) Effective date.--The amendment made by subsection (a)
shall apply for cost reporting periods beginning on or after
October 1, 2000.
(e) Elimination of Coinsurance for Clinical Diagnostic Laboratory
Tests Furnished by a Critical Access Hospital on an Outpatient Basis.--
(1) In general.--Paragraphs (1)(D)(i) and (2)(D)(i) of
section 1833(a) (42 U.S.C. 1395l(a)) are each amended by
inserting ``or which are furnished on an outpatient basis by a
critical access hospital'' after ``on an assignment-related
basis''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to services furnished on or after the date of the
enactment of this Act.
(f) Participation in Swing Bed Program.--Section 1883 (42 U.S.C.
1395tt) is amended--
(1) in subsection (a)(1), by striking ``(other than a
hospital which has in effect a waiver under subparagraph (A) of
the last sentence of section 1861(e))''; and
(2) in subsection (c), by striking ``, or during which there
is in effect for the hospital a waiver under subparagraph (A) of
the last sentence of section 1861(e)''.
[[Page 113 STAT. 1501A-372]]
SEC. 404. 5-YEAR EXTENSION OF MEDICARE DEPENDENT HOSPITAL (MDH) PROGRAM.
(a) Extension of Payment Methodology.--Section 1886(d)(5)(G) (42
U.S.C. 1395ww(d)(5)(G)) is amended--
(1) in clause (i), by striking ``and before October 1,
2001,'' and inserting ``and before October 1, 2006,''; and
(2) in clause (ii)(II), by striking ``and before October 1,
2001,'' and inserting ``and before October 1, 2006,''.
(b) Conforming Amendments.--
(1) Extension of target amount.--Section 1886(b)(3)(D) (42
U.S.C. 1395ww(b)(3)(D)) is amended--
(A) in the matter preceding clause (i), by striking
``and before October 1, 2001,'' and inserting ``and
before October 1, 2006,''; and
(B) in clause (iv), by striking ``during fiscal year
1998 through fiscal year 2000'' and inserting ``during
fiscal year 1998 through fiscal year 2005''.
(2) Permitting hospitals to decline reclassification.--
Section 13501(e)(2) of Omnibus Budget Reconciliation Act of 1993
(42 U.S.C. 1395ww note), as amended by section 4204(a)(3) of
BBA, is amended by striking ``or fiscal year 2000'' and
inserting ``or fiscal year 2000 through fiscal year 2005''.
SEC. 405. REBASING FOR CERTAIN SOLE COMMUNITY HOSPITALS.
Section 1886(b)(3) (42 U.S.C. 1395ww(b)(3)) is amended--
(1) in subparagraph (C), by inserting ``subject to
subparagraph (I),'' before ``the term `target amount' means'';
and
(2) by adding at the end the following new subparagraph:
``(I)(i) For cost reporting periods beginning on or after October 1,
2000, in the case of a sole community hospital that for its cost
reporting period beginning during 1999 is paid on the basis of the
target amount applicable to the hospital under subparagraph (C) and that
elects (in a form and manner determined by the Secretary) this
subparagraph to apply to the hospital, there shall be substituted for
such target amount--
``(I) with respect to discharges occurring in fiscal year
2001, 75 percent of the target amount otherwise applicable to
the hospital under subparagraph (C) (referred to in this clause
as the `subparagraph (C) target amount') and 25 percent of the
rebased target amount (as defined in clause (ii));
``(II) with respect to discharges occurring in fiscal year
2002, 50 percent of the subparagraph (C) target amount and 50
percent of the rebased target amount;
``(III) with respect to discharges occurring in fiscal year
2003, 25 percent of the subparagraph (C) target amount and 75
percent of the rebased target amount; and
``(IV) with respect to discharges occurring after fiscal
year 2003, 100 percent of the rebased target amount.
``(ii) For purposes of this subparagraph, the `rebased target
amount' has the meaning given the term `target amount' in subparagraph
(C) except that--
``(I) there shall be substituted for the base cost reporting
period the 12-month cost reporting period beginning during
fiscal year 1996;
``(II) any reference in subparagraph (C)(i) to the `first
cost reporting period' described in such subparagraph is deemed
[[Page 113 STAT. 1501A-373]]
a reference to the first cost reporting period beginning on or
after October 1, 2000; and
``(III) applicable increase percentage shall only be applied
under subparagraph (C)(iv) for discharges occurring in fiscal
years beginning with fiscal year 2002.''.
SEC. 406. ONE YEAR SOLE COMMUNITY HOSPITAL PAYMENT INCREASE.
Section 1886(b)(3)(B)(i) (42 U.S.C. 1395ww(b)(3)(B)(i)) is amended--
(1) by redesignating subclause (XVII) as subclause (XVIII);
(2) by striking subclause (XVI); and
(3) by inserting after subclause (XV) the following new
subclauses:
``(XVI) for fiscal year 2001, the market basket percentage
increase minus 1.1 percentage points for hospitals (other than
sole community hospitals) in all areas, and the market basket
percentage increase for sole community hospitals,
``(XVII) for fiscal year 2002, the market basket percentage
increase minus 1.1 percentage points for hospitals in all areas,
and''.
SEC. 407. INCREASED FLEXIBILITY IN PROVIDING GRADUATE PHYSICIAN TRAINING
IN RURAL AND OTHER AREAS.
(a) Counting Primary Care Residents on Certain Approved Leaves of
Absence in Base Year FTE Count.--
(1) Payment for direct graduate medical education.--Section
1886(h)(4)(F) (42 U.S.C. 1395ww(h)(4)(F)) is amended--
(A) by redesignating the first sentence as clause
(i) with the heading ``In general.--'' and appropriate
indentation; and
(B) by adding at the end the following new clause:
``(ii) Counting primary care residents on
certain approved leaves of absence in base year
fte count.--
``(I) In general.--In determining
the number of such full-time equivalent
residents for a hospital's most recent
cost reporting period ending on or
before December 31, 1996, for purposes
of clause (i), the Secretary shall count
an individual to the extent that the
individual would have been counted as a
primary care resident for such period
but for the fact that the individual, as
determined by the Secretary, was on
maternity or disability leave or a
similar approved leave of absence.
``(II) Limitation to 3 fte residents
for any hospital.--The total number of
individuals counted under subclause (I)
for a hospital may not exceed 3 full-
time equivalent residents.''.
(2) Payment for indirect medical education.--Section
1886(d)(5)(B)(v) (42 U.S.C. 1395ww(d)(5)(B)(v)) is amended by
adding at the end the following: ``Rules similar to the rules of
subsection (h)(4)(F)(ii) shall apply for purposes of this
clause.''.
(3) Effective date.--
(A) DGME.--The amendments made by paragraph (1)
apply to cost reporting periods that begin on or after
the date of the enactment of this Act.
[[Page 113 STAT. 1501A-374]]
(B) IME.--The amendment made by paragraph (2)
applies to discharges occurring in cost reporting
periods that begin on or after such date of enactment.
(b) Permitting 30 Percent Expansion in Current GME Training Programs
for Hospitals Located in Rural Areas.--
(1) Payment for direct graduate medical education.--Section
1886(h)(4)(F)(i) (42 U.S.C. 1395ww(h)(4)(F)(i)), as amended by
subsection (a)(1), is amended by inserting ``(or, 130 percent of
such number in the case of a hospital located in a rural area)''
after ``may not exceed the number''.
(2) Payment for indirect medical education.--Section
1886(d)(5)(B)(v) (42 U.S.C. 1395ww(d)(5)(B)(v)) is amended by
inserting ``(or, 130 percent of such number in the case of a
hospital located in a rural area)'' after ``may not exceed the
number''.
(3) Effective dates.--
(A) DGME.--The amendment made by paragraph (1)
applies to cost reporting periods beginning on or after
April 1, 2000.
(B) IME.--The amendment made by paragraph (2)
applies to discharges occurring on or after April 1,
2000.
(c) Special Rule for Nonrural Facilities Serving Rural Areas.--
(1) In general.--Section 1886(h)(4)(H) (42 U.S.C.
1395ww(h)(4)(H)) is amended by adding at the end the following
new clause:
``(iv) Nonrural hospitals operating training
programs in rural areas.--In the case of a
hospital that is not located in a rural area but
establishes separately accredited approved medical
residency training programs (or rural tracks) in
an rural area or has an accredited training
program with an integrated rural track, the
Secretary shall adjust the limitation under
subparagraph (F) in an appropriate manner insofar
as it applies to such programs in such rural areas
in order to encourage the training of physicians
in rural areas.''.
(2) Effective date.--The amendment made by paragraph (1)
applies with respect to--
(A) payments to hospitals under section 1886(h) of
the Social Security Act (42 U.S.C. 1395ww(h)) for cost
reporting periods beginning on or after April 1, 2000;
and
(B) payments to hospitals under section
1886(d)(5)(B)(v) of such Act (42 U.S.C.
1395ww(d)(5)(B)(v)) for discharges occurring on or after
April 1, 2000.
(d) Not Counting Against Numerical Limitation Certain Interns and
Residents Transferred from a VA Residency Program That Loses
Accreditation.--
(1) In general.--Any applicable resident described in
paragraph (2) shall not be taken into account in applying any
limitation regarding the number of residents or interns for
which payment may be made under section 1886 of the Social
Security Act (42 U.S.C. 1395ww).
(2) Applicable resident described.--An applicable resident
described in this paragraph is a resident or intern who--
(A) participated in graduate medical education at a
facility of the Department of Veterans Affairs;
[[Page 113 STAT. 1501A-375]]
(B) was subsequently transferred on or after January
1, 1997, and before July 31, 1998, to a hospital that
was not a Department of Veterans Affairs facility; and
(C) was transferred because the approved medical
residency program in which the resident or intern
participated would lose accreditation by the
Accreditation Council on Graduate Medical Education if
such program continued to train residents at the
Department of Veterans Affairs facility.
(3) Effective date.--
(A) In general.--Paragraph (1) applies as if
included in the enactment of BBA.
(B) Retroactive payments.--If the Secretary of
Health and Human Services determines that a hospital
operating an approved medical residency program is owed
payments as a result of enactment of this subsection,
the Secretary shall make such payments not later than 60
days after the date of the enactment of this Act.
SEC. 408. ELIMINATION OF CERTAIN RESTRICTIONS WITH RESPECT TO HOSPITAL
SWING BED PROGRAM.
(a) Elimination of Requirement for State Certificate of Need.--
Section 1883(b) (42 U.S.C. 1395tt(b)) is amended to read as follows:
``(b) The Secretary may not enter into an agreement under this
section with any hospital unless, except as provided under subsection
(g), the hospital is located in a rural area and has less than 100
beds.''.
(b) Elimination of Swing Bed Restrictions on Certain Hospitals With
More Than 49 Beds.--Section 1883(d) (42 U.S.C. 1395tt(d)) is amended--
(1) by striking paragraphs (2) and (3); and
(2) by striking ``(d)(1)'' and inserting ``(d)''.
(c) Effective Date.--The amendments made by this section take effect
on the date that is the first day after the expiration of the transition
period under section 1888(e)(2)(E) of the Social Security Act (42 U.S.C.
1395yy(e)(2)(E)) for payments for covered skilled nursing facility
services under the medicare program.
SEC. 409. GRANT PROGRAM FOR RURAL HOSPITAL TRANSITION TO PROSPECTIVE
PAYMENT.
Section 1820(g) (42 U.S.C. 1395i-4(g)) is amended by adding at the
end the following new paragraph:
``(3) Upgrading data systems.--
``(A) Grants to hospitals.--The Secretary may award
grants to hospitals that have submitted applications in
accordance with subparagraph (C) to assist eligible
small rural hospitals in meeting the costs of
implementing data systems required to meet requirements
established under the medicare program pursuant to
amendments made by the Balanced Budget Act of 1997.
``(B) Eligible small rural hospital defined.--For
purposes of this paragraph, the term `eligible small
rural hospital' means a non-Federal, short-term general
acute care hospital that--
``(i) is located in a rural area (as defined
for purposes of section 1886(d)); and
``(ii) has less than 50 beds.
[[Page 113 STAT. 1501A-376]]
``(C) Application.--A hospital seeking a grant under
this paragraph shall submit an application to the
Secretary on or before such date and in such form and
manner as the Secretary specifies.
``(D) Amount of grant.--A grant to a hospital under
this paragraph may not exceed $50,000.
``(E) Use of funds.--A hospital receiving a grant
under this paragraph may use the funds for the purchase
of computer software and hardware, the education and
training of hospital staff on computer information
systems, and to offset costs related to the
implementation of prospective payment systems.
``(F) Reports.--
``(i) Information.--A hospital receiving a
grant under this section shall furnish the
Secretary with such information as the Secretary
may require to evaluate the project for which the
grant is made and to ensure that the grant is
expended for the purposes for which it is made.
``(ii) Timing of submission.--
``(I) Interim reports.--The
Secretary shall report to the Committee
on Ways and Means of the House of
Representatives and the Committee on
Finance of the Senate at least annually
on the grant program established under
this section, including in such report
information on the number of grants
made, the nature of the projects
involved, the geographic distribution of
grant recipients, and such other matters
as the Secretary deems appropriate.
``(II) Final report.--The Secretary
shall submit a final report to such
committees not later than 180 days after
the completion of all of the projects
for which a grant is made under this
section.''.
SEC. 410. GAO STUDY ON GEOGRAPHIC RECLASSIFICATION.
(a) In General.--The Comptroller General of the United States shall
conduct a study of the current laws and regulations for geographic
reclassification of hospitals to determine whether such reclassification
is appropriate for purposes of applying wage indices under the medicare
program and whether such reclassification results in more accurate
payments for all hospitals. Such study shall examine data on the number
of hospitals that are reclassified and their reclassified status in
determining payments under the medicare program. The study shall
evaluate--
(1) the magnitude of the effect of geographic
reclassification on rural hospitals that are not reclassified;
(2) whether the current thresholds used in geographic
reclassification reclassify hospitals to the appropriate labor
markets;
(3) the effect of eliminating geographic reclassification
through use of the occupational mix data;
(4) the group reclassification policy;
(5) changes in the number of reclassifications and the
compositions of the groups;
[[Page 113 STAT. 1501A-377]]
(6) the effect of State-specific budget neutrality compared
to national budget neutrality; and
(7) whether there are sufficient controls over the
intermediary evaluation of the wage data reported by hospitals.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on the study conducted under
subsection (a).
Subtitle B--Other Rural Provisions
SEC. 411. MEDPAC STUDY OF RURAL PROVIDERS.
(a) Study.--The Medicare Payment Advisory Commission shall conduct a
study of rural providers furnishing items and services for which payment
is made under title XVIII of the Social Security Act. Such study shall
examine and evaluate the adequacy and appropriateness of the categories
of special payments (and payment methodologies) established for rural
hospitals under the medicare program, and the impact of such categories
on beneficiary access and quality of health care services.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Medicare Payment Advisory Commission shall
submit to Congress a report on the study conducted under subsection (a).
SEC. 412. EXPANSION OF ACCESS TO PARAMEDIC INTERCEPT SERVICES IN RURAL
AREAS.
(a) Expansion of Payment Areas.--Section 4531(c) of BBA (42 U.S.C.
1395x note) is amended by adding at the end the following flush
sentence:
``For purposes of this subsection, an area shall be treated as a rural
area if it is designated as a rural area by any law or regulation of the
State or if it is located in a rural census tract of a metropolitan
statistical area (as determined under the most recent Goldsmith
Modification, originally published in the Federal Register on February
27, 1992 (57 Fed. Reg. 6725)).''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on January 1, 2000, and applies to ALS intercept services
furnished on or after such date.
SEC. 413. PROMOTING PROMPT IMPLEMENTATION OF INFORMATICS, TELEMEDICINE,
AND EDUCATION DEMONSTRATION PROJECT.
Section 4207 of BBA (42 U.S.C. 1395b-1 note) is amended--
(1) in subsection (a)(1), by adding at the end the
following: ``The Secretary shall make an award for such project
not later than 3 months after the date of the enactment of the
Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of
1999. The Secretary shall accept the proposal adjudged to be the
best technical proposal as of such date of enactment without the
need for additional review or resubmission of proposals.'';
(2) in subsection (a)(2)(A), by inserting before the period
at the end the following: ``that qualify as Federally designated
medically underserved areas or health professional shortage
areas at the time of enrollment of beneficiaries under the
project'';
[[Page 113 STAT. 1501A-378]]
(3) in subsection (c)(2), by striking ``and the source and
amount of non-Federal funds used in the project'';
(4) in subsection (d)(2)(A), by striking ``at a rate of 50
percent of the costs that are reasonable and'' and inserting
``for the costs that are'';
(5) in subsection (d)(2)(B)(i), by striking ``(but only in
the case of patients located in medically underserved areas)''
and inserting ``or at sites providing health care to patients
located in medically underserved areas'';
(6) in subsection (d)(2)(C)(i), by striking ``to deliver
medical informatics services under'' and inserting ``for
activities related to''; and
(7) by amending paragraph (4) of subsection (d) to read as
follows:
``(4) Cost-sharing.--The project may not impose cost-sharing
on a medicare beneficiary for the receipt of services under the
project. Project costs will cover all costs to medicare
beneficiaries and providers related to participation in the
project.''.
TITLE V--PROVISIONS RELATING TO PART C (MEDICARE+CHOICE PROGRAM) AND
OTHER MEDICARE MANAGED CARE PROVISIONS
Subtitle A--Provisions To Accommodate and Protect Medicare Beneficiaries
SEC. 501. CHANGES IN MEDICARE+CHOICE ENROLLMENT RULES.
(a) Permitting Enrollment in Alternative Medicare+Choice Plans and
Medigap Coverage in Case of Involuntary Termination of Medicare+Choice
Enrollment.--
(1) In general.--Section 1851(e)(4) (42 U.S.C. 1395w-
21(e)(4)) is amended by striking subparagraph (A) and inserting
the following:
``(A)(i) the certification of the organization or
plan under this part has been terminated, or the
organization or plan has notified the individual of an
impending termination of such certification; or
``(ii) the organization has terminated or otherwise
discontinued providing the plan in the area in which the
individual resides, or has notified the individual of an
impending termination or discontinuation of such
plan;''.
(2) Conforming medigap amendment.--Section 1882(s)(3) (42
U.S.C. 1395ss(s)(3)) is amended--
(A) in subparagraph (A) in the matter following
clause (iii), by inserting ``, subject to subparagraph
(E),'' after ``in the case of an individual described in
subparagraph (B) who''; and
(B) by adding at the end the following new
subparagraph:
``(E)(i) An individual described in subparagraph (B)(ii) may elect
to apply subparagraph (A) by substituting, for the date of
[[Page 113 STAT. 1501A-379]]
termination of enrollment, the date on which the individual was notified
by the Medicare+Choice organization of the impending termination or
discontinuance of the Medicare+Choice plan it offers in the area in
which the individual resides, but only if the individual disenrolls from
the plan as a result of such notification.
``(ii) In the case of an individual making such an election, the
issuer involved shall accept the application of the individual submitted
before the date of termination of enrollment, but the coverage under
subparagraph (A) shall only become effective upon termination of
coverage under the Medicare+Choice plan involved.''.
(b) Continuous Open Enrollment for Institutionalized Individuals.--
Section 1851(e)(2) (42 U.S.C. 1395w-21(e)(2)) is amended--
(1) in subparagraph (B)(i), by inserting ``and subparagraph
(D)'' after ``clause (ii)'';
(2) in subparagraph (C)(i), by inserting ``and subparagraph
(D)'' after ``clause (ii)''; and
(3) by adding at the end the following new subparagraph:
``(D) Continuous open enrollment for
institutionalized individuals.--At any time after 2001
in the case of a Medicare+Choice eligible individual who
is institutionalized (as defined by the Secretary), the
individual may elect under subsection (a)(1)--
``(i) to enroll in a Medicare+Choice plan; or
``(ii) to change the Medicare+Choice plan in
which the individual is enrolled.''.
(c) Continuing Enrollment for Certain Enrollees.--Section 1851(b)(1)
(42 U.S.C. 1395w-21(b)(1)) is amended--
(1) in subparagraph (A), by inserting ``and except as
provided in subparagraph (C)'' after ``may otherwise provide'';
and
(2) by adding at the end the following new subparagraph:
``(C) Continuation of enrollment permitted where
service changed.--Notwithstanding subparagraph (A) and
in addition to subparagraph (B), if a Medicare+Choice
organization eliminates from its service area a
Medicare+Choice payment area that was previously within
its service area, the organization may elect to offer
individuals residing in all or portions of the affected
area who would otherwise be ineligible to continue
enrollment the option to continue enrollment in a
Medicare+Choice plan it offers so long as--
``(i) the enrollee agrees to receive the full
range of basic benefits (excluding emergency and
urgently needed care) exclusively at facilities
designated by the organization within the plan
service area; and
``(ii) there is no other Medicare+Choice plan
offered in the area in which the enrollee resides
at the time of the organization's election.''.
(d) Effective Dates.--
(1) The amendments made by subsection (a) apply to notices
of impending terminations or discontinuances made on or after
the date of the enactment of this Act.
(2) The amendments made by subsection (c) apply to elections
made on or after the date of the enactment of this Act with
respect to eliminations of Medicare+Choice payment areas from a
service area that occur before, on, or after the date of the
enactment of this Act.
[[Page 113 STAT. 1501A-380]]
SEC. 502. CHANGE IN EFFECTIVE DATE OF ELECTIONS AND CHANGES OF ELECTIONS
OF MEDICARE+CHOICE PLANS.
(a) Open Enrollment.--Section 1851(f)(2) (42 U.S.C. 1395w-21(f)(2))
is amended--
(1) by inserting ``or change'' before ``is made''; and
(2) by inserting ``, except that if such election or change
is made after the 10th day of any calendar month, then the
election or change shall not take effect until the first day of
the second calendar month following the date on which the
election or change is made'' before the period.
(b) Effective Date.--The amendments made by this section apply to
elections and changes of coverage made on or after January 1, 2000.
SEC. 503. 2-YEAR EXTENSION OF MEDICARE COST CONTRACTS.
Section 1876(h)(5)(B) (42 U.S.C. 1395mm(h)(5)(B)) is amended by
striking ``2002'' and inserting ``2004''.
Subtitle B--Provisions To Facilitate Implementation of the
Medicare+Choice Program
SEC. 511. PHASE-IN OF NEW RISK ADJUSTMENT METHODOLOGY; STUDIES AND
REPORTS ON RISK ADJUSTMENT.
(a) Phase-In.--Section 1853(a)(3)(C) (42 U.S.C. 1395w-23(a)(3)(C))
is amended--
(1) by redesignating the first sentence as clause (i) with
the heading ``In general.--'' and appropriate indentation; and
(2) by adding at the end the following new clause:
``(ii) Phase-in.--Such risk adjustment
methodology shall be implemented in a phased-in
manner so that the methodology insofar as it makes
adjustments to capitation rates for health status
applies to--
``(I) 10 percent of \1/12\ of the
annual Medicare+Choice capitation rate
in 2000 and 2001; and
``(II) not more than 20 percent of
such capitation rate in 2002.''.
(b) MedPAC Study and Report.--
(1) Study.--The Medicare Payment Advisory Commission shall
conduct a study that evaluates the methodology used by the
Secretary of Health and Human Services in developing the risk
factors used in adjusting the Medicare+Choice capitation rate
paid to Medicare+Choice organizations under section 1853 of the
Social Security Act (42 U.S.C. 1395w-23) and includes the issues
described in paragraph (2).
(2) Issues to be studied.--The issues described in this
paragraph are the following:
(A) The ability of the average risk adjustment
factor applied to a Medicare+Choice plan to explain
variations in plans' average per capita medicare costs,
as reported by Medicare+Choice plans in the plans'
adjusted community rate filings.
(B) The year-to-year stability of the risk factors
applied to each Medicare+Choice plan and the potential
for
[[Page 113 STAT. 1501A-381]]
substantial changes in payment for small Medicare+Choice
plans.
(C) For medicare beneficiaries newly enrolled in
Medicare+Choice plans in a given year, the
correspondence between the average risk factor
calculated from medicare fee-for-service data for those
individuals from the period prior to their enrollment in
a Medicare+Choice plan and the average risk factor
calculated for such individuals during their initial
year of enrollment in a Medicare+Choice plan.
(D) For medicare beneficiaries disenrolling from or
switching among Medicare+Choice plans in a given year,
the correspondence between the average risk factor
calculated from data pertaining to the period prior to
their disenrollment from a Medicare+Choice plan and the
average risk factor calculated from data pertaining to
the period after disenrollment.
(E) An evaluation of the exclusion of
``discretionary'' hospitalizations from consideration in
the risk adjustment methodology.
(F) Suggestions for changes or improvements in the
risk adjustment methodology.
(3) Report.--Not later than December 1, 2000, the Commission
shall submit a report to Congress on the study conducted under
paragraph (1), together with any recommendations for legislation
that the Commission determines to be appropriate as a result of
such study.
(c) Study and Report Regarding Reporting of Encounter Data.--
(1) Study.--The Secretary of Health and Human Services shall
conduct a study on how to reduce the costs and burdens on
Medicare+Choice organizations of their complying with reporting
requirements for encounter data imposed by the Secretary in
establishing and implementing a risk adjustment methodology used
in making payments to such organizations under section 1853 of
the Social Security Act (42 U.S.C. 1395w-23). The Secretary
shall consult with representatives of Medicare+Choice
organizations in conducting the study. The study shall address
the following issues:
(A) Limiting the number and types of sites of
services (that are in addition to inpatient sites) for
which encounter data must be reported.
(B) Establishing alternative risk adjustment methods
that would require submission of less data.
(C) The potential for Medicare+Choice organizations
to misreport, overreport, or underreport prevalence of
diagnoses in outpatient sites of care, the potential for
increases in payments to Medicare+Choice organizations
from changes in Medicare+Choice plan coding practices
(commonly known as ``coding creep'') and proposed
methods for detecting and adjusting for such variations
in diagnosis coding as part of the risk adjustment
methodology using encounter data from multiple sites of
care.
(D) The impact of such requirements on the
willingness of insurers to offer Medicare+Choice MSA
plans and options for modifying encounter data reporting
requirements to accommodate such plans.
[[Page 113 STAT. 1501A-382]]
(E) Differences in the ability of Medicare+Choice
organizations to report encounter data, and the
potential for adverse competitive impacts on group and
staff model health maintenance organizations or other
integrated providers of care based on data reporting
capabilities.
(2) Report.--Not later than January 1, 2001, the Secretary
shall submit a report to Congress on the study conducted under
this subsection, together with any recommendations for
legislation that the Secretary determines to be appropriate as a
result of such study.
SEC. 512. ENCOURAGING OFFERING OF MEDICARE+CHOICE PLANS IN AREAS WITHOUT
PLANS.
Section 1853 (42 U.S.C. 1395w-23) is amended--
(1) in subsection (a)(1), by striking ``subsections (e) and
(f)'' and inserting ``subsections (e), (g), and (i)'';
(2) in subsection (c)(5), by inserting ``(other than those
attributable to subsection (i))'' after ``payments under this
part''; and
(3) by adding at the end the following new subsection:
``(i) New Entry Bonus.--
``(1) In general.--Subject to paragraphs (2) and (3), in the
case of Medicare+Choice payment area in which a Medicare+Choice
plan has not been offered since 1997 (or in which all
organizations that offered a plan since such date have filed
notice with the Secretary, as of October 13, 1999, that they
will not be offering such a plan as of January 1, 2000), the
amount of the monthly payment otherwise made under this section
shall be increased--
``(A) only for the first 12 months in which any
Medicare+Choice plan is offered in the area, by 5
percent of the total monthly payment otherwise computed
for such payment area; and
``(B) only for the subsequent 12 months, by 3
percent of the total monthly payment otherwise computed
for such payment area.
``(2) Period of application.--Paragraph (1) shall only apply
to payment for Medicare+Choice plans which are first offered in
a Medicare+Choice payment area during the 2-year period
beginning on January 1, 2000.
``(3) Limitation to organization offering first plan in an
area.--Paragraph (1) shall only apply to payment to the first
Medicare+Choice organization that offers a Medicare+Choice plan
in each Medicare+Choice payment area, except that if more than
one such organization first offers such a plan in an area on the
same date, paragraph (1) shall apply to payment for such
organizations.
``(4) Construction.--Nothing in paragraph (1) shall be
construed as affecting the calculation of the annual
Medicare+Choice capitation rate under subsection (c) for any
payment area or as applying to payment for any period not
described in such paragraph and paragraph (2).
``(5) Offered defined.--In this subsection, the term
`offered' means, with respect to a Medicare+Choice plan as of a
date, that a Medicare+Choice eligible individual may enroll with
the plan on that date, regardless of when the enrollment
[[Page 113 STAT. 1501A-383]]
takes effect or when the individual obtains benefits under the
plan.''.
SEC. 513. MODIFICATION OF 5-YEAR RE-ENTRY RULE FOR CONTRACT
TERMINATIONS.
(a) Reduction of General Exclusion Period to 2 Years.--Section
1857(c)(4) (42 U.S.C. 1395w-27(c)(4)) is amended by striking ``5-year
period'' and inserting ``2-year period''.
(b) Specific Exception Where Change in Payment Policy.--
(1) In general.--Section 1857(c)(4) (42 U.S.C. 1395w-
27(c)(4)) is amended--
(A) by striking ``except in circumstances'' and
inserting ``except as provided in subparagraph (B) and
except in such other circumstances'';
(B) by redesignating the sentence following ``(4)''
as a subparagraph (A) with an appropriate indentation
and the heading ``In general.--''; and
(C) by adding at the end the following new
subparagraph:
``(B) Earlier re-entry permitted where change in
payment policy.--Subparagraph (A) shall not apply with
respect to the offering by a Medicare+Choice
organization of a Medicare+Choice plan in a
Medicare+Choice payment area if during the 6-month
period beginning on the date the organization notified
the Secretary of the intention to terminate the most
recent previous contract, there was a legislative change
enacted (or a regulatory change adopted) that has the
effect of increasing payment amounts under section 1853
for that Medicare+Choice payment area.''.
(2) Construction relating to additional exceptions.--Nothing
in the amendment made by paragraph (1)(C) shall be construed to
affect the authority of the Secretary of Health and Human
Services to provide for exceptions in addition to the exception
provided in such amendment, including exceptions provided under
Operational Policy Letter #103 (OPL99.103).
(c) Effective Date.--The amendments made by this section apply to
contract terminations occurring before, on, or after the date of the
enactment of this Act.
SEC. 514. CONTINUED COMPUTATION AND PUBLICATION OF MEDICARE ORIGINAL
FEE-FOR-SERVICE EXPENDITURES ON A COUNTY-SPECIFIC BASIS.
(a) In General.--Section 1853(b) (42 U.S.C. 1395w-23(b)) is amended
by adding at the end the following new paragraph:
``(4) Continued computation and publication of county-
specific per capita fee-for-service expenditure information.--
The Secretary, through the Chief Actuary of the Health Care
Financing Administration, shall provide for the computation and
publication, on an annual basis beginning with 2001 at the time
of publication of the annual Medicare+Choice capitation rates
under paragraph (1), of the following information for the
original medicare fee-for-service program under parts A and B
(exclusive of individuals eligible for coverage under section
226A) for each Medicare+Choice payment area for the second
calendar year ending before the date of publication:
[[Page 113 STAT. 1501A-384]]
``(A) Total expenditures per capita per month,
computed separately for part A and for part B.
``(B) The expenditures described in subparagraph (A)
reduced by the best estimate of the expenditures (such
as graduate medical education and disproportionate share
hospital payments) not related to the payment of claims.
``(C) The average risk factor for the covered
population based on diagnoses reported for medicare
inpatient services, using the same methodology as is
expected to be applied in making payments under
subsection (a).
``(D) Such average risk factor based on diagnoses
for inpatient and other sites of service, using the same
methodology as is expected to be applied in making
payments under subsection (a).''.
(b) Special Rule for 2001.--In providing for the publication of
information under section 1853(b)(4) of the Social Security Act (42
U.S.C. 1395w-23(b)(4)), as added by subsection (a), in 2001, the
Secretary of Health and Human Services shall also include the
information described in such section for 1998, as well as for 1999.
SEC. 515. FLEXIBILITY TO TAILOR BENEFITS UNDER MEDICARE+CHOICE PLANS.
(a) In General.--Section 1854 (42 U.S.C. 1395w-24) is amended--
(1) in subsection (a)(1), by inserting ``(or segment of such
an area if permitted under subsection (h))'' after ``service
area'' in the matter preceding subparagraph (A); and
(2) by adding at the end the following:
``(h) Permitting Use of Segments of Service Areas.--The Secretary
shall permit a Medicare+Choice organization to elect to apply the
provisions of this section uniformly to separate segments of a service
area (rather than uniformly to an entire service area) as long as such
segments are composed of one or more Medicare+Choice payment areas.''.
(b) Effective Date.--The amendments made by this section apply to
contract years beginning on or after January 1, 2001.
SEC. 516. DELAY IN DEADLINE FOR SUBMISSION OF ADJUSTED COMMUNITY RATES.
(a) Delay in Deadline for Submission of Adjusted Community Rates.--
Section 1854(a)(1) (42 U.S.C. 1395w-24(a)(1)) is amended by striking
``May 1'' and inserting ``July 1'' in the matter preceding subparagraph
(A).
(b) Effective Date.--The amendment made by subsection (a) applies to
information submitted by Medicare+Choice organizations for years
beginning with 1999.
SEC. 517. REDUCTION IN ADJUSTMENT IN NATIONAL PER CAPITA MEDICARE+CHOICE
GROWTH PERCENTAGE FOR 2002.
Section 1853(c)(6)(B)(v) (42 U.S.C. 1395w-23(c)(6)(B)(v)) is amended
by striking ``0.5 percentage points'' and inserting ``0.3 percentage
points''.
SEC. 518. DEEMING OF MEDICARE+CHOICE ORGANIZATION TO MEET REQUIREMENTS.
Section 1852(e)(4) (42 U.S.C. 1395w-22(e)(4)) is amended to read as
follows:
[[Page 113 STAT. 1501A-385]]
``(4) Treatment of accreditation.--
``(A) In general.--The Secretary shall provide that
a Medicare+Choice organization is deemed to meet all the
requirements described in any specific clause of
subparagraph (B) if the organization is accredited (and
periodically reaccredited) by a private accrediting
organization under a process that the Secretary has
determined assures that the accrediting organization
applies and enforces standards that meet or exceed the
standards established under section 1856 to carry out
the requirements in such clause.
``(B) Requirements described.--The provisions
described in this subparagraph are the following:
``(i) Paragraphs (1) and (2) of this
subsection (relating to quality assurance
programs).
``(ii) Subsection (b) (relating to
antidiscrimination).
``(iii) Subsection (d) (relating to access to
services).
``(iv) Subsection (h) (relating to
confidentiality and accuracy of enrollee records).
``(v) Subsection (i) (relating to information
on advance directives).
``(vi) Subsection (j) (relating to provider
participation rules).
``(C) Timely action on applications.--The Secretary
shall determine, within 210 days after the date the
Secretary receives an application by a private
accrediting organization and using the criteria
specified in section 1865(b)(2), whether the process of
the private accrediting organization meets the
requirements with respect to any specific clause in
subparagraph (B) with respect to which the application
is made. The Secretary may not deny such an application
on the basis that it seeks to meet the requirements with
respect to only one, or more than one, such specific
clause.
``(D) Construction.--Nothing in this paragraph shall
be construed as limiting the authority of the Secretary
under section 1857, including the authority to terminate
contracts with Medicare+Choice organizations under
subsection (c)(2) of such section.''.
SEC. 519. TIMING OF MEDICARE+CHOICE HEALTH INFORMATION FAIRS.
(a) In General.--Section 1851(e)(3)(C) (42 U.S.C. 1395w-21(e)(3)(C))
is amended by striking ``In the month of November'' and inserting
``During the fall season''.
(b) Effective Date.--The amendment made by subsection (a) first
applies to campaigns conducted beginning in 2000.
SEC. 520. QUALITY ASSURANCE REQUIREMENTS FOR PREFERRED PROVIDER
ORGANIZATION PLANS.
(a) In General.--Section 1852(e)(2) (42 U.S.C. 1395w-22(e)(2)) is
amended--
(1) in subparagraph (A), by striking ``or a non-network MSA
plan'' and inserting ``, a non-network MSA plan, or a preferred
provider organization plan';
(2) in subparagraph (B)--
(A) in the heading, by striking ``and non-network
msa plans'' and inserting ``, non-network msa plans, and
preferred provider organization plans''; and
[[Page 113 STAT. 1501A-386]]
(B) by striking ``or a non-network MSA plan'' and
inserting ``, a non-network MSA plan, or a preferred
provider organization plan'';
(3) by adding at the end the following:
``(D) Definition of preferred provider organization
plan.--In this paragraph, the term `preferred provider
organization plan' means a Medicare+Choice plan that--
``(i) has a network of providers that have
agreed to a contractually specified reimbursement
for covered benefits with the organization
offering the plan;
``(ii) provides for reimbursement for all
covered benefits regardless of whether such
benefits are provided within such network of
providers; and
``(iii) is offered by an organization that is
not licensed or organized under State law as a
health maintenance organization.''.
(b) Effective Date.--The amendments made by subsection (a) apply to
contract years beginning on or after January 1, 2000.
(c) Quality Improvement Standards.--
(1) Study.--The Medicare Payment Advisory Commission shall
conduct a study on the appropriate quality improvement standards
that should apply to--
(A) each type of Medicare+Choice plan described in
section 1851(a)(2) of the Social Security Act (42 U.S.C.
1395w-21(a)(2)), including each type of Medicare+Choice
plan that is a coordinated care plan (as described in
subparagraph (A) of such section); and
(B) the original medicare fee-for-service program
under parts A and B title XVIII of such Act (42 U.S.C.
1395 et seq.).
(2) Considerations.--Such study shall specifically examine
the effects, costs, and feasibility of requiring entities,
physicians, and other health care providers that provide items
and services under the original medicare fee-for-service program
to comply with quality standards and related reporting
requirements that are comparable to the quality standards and
related reporting requirements that are applicable to
Medicare+Choice organizations.
(3) Report.--Not later than 2 years after the date of the
enactment of this Act, such Commission shall submit a report to
Congress on the study conducted under this subsection, together
with any recommendations for legislation that it determines to
be appropriate as a result of such study.
SEC. 521. CLARIFICATION OF NONAPPLICABILITY OF CERTAIN PROVISIONS OF
DISCHARGE PLANNING PROCESS TO MEDICARE+CHOICE PLANS.
Section 1861(ee) (42 U.S.C. 1395x(ee)(2)(H)) is amended by adding at
the end the following:
``(3) With respect to a discharge plan for an individual who is
enrolled with a Medicare+Choice organization under a Medicare+Choice
plan and is furnished inpatient hospital services by a hospital under a
contract with the organization--
``(A) the discharge planning evaluation under paragraph
(2)(D) is not required to include information on the
availability of home health services through individuals and
entities which do not have a contract with the organization; and
[[Page 113 STAT. 1501A-387]]
``(B) notwithstanding subparagraph (H)(i), the plan may
specify or limit the provider (or providers) of post-hospital
home health services or other post-hospital services under the
plan.''.
SEC. 522. USER FEE FOR MEDICARE+CHOICE ORGANIZATIONS BASED ON NUMBER OF
ENROLLED BENEFICIARIES.
(a) In General.--Section 1857(e)(2) (42 U.S.C. 1395w-27(e)(2)) is
amended--
(1) in subparagraph (B), by striking ``Any amounts collected
are authorized to be appropriated only for'' and inserting ``Any
amounts collected shall be available without further
appropriation to the Secretary for'';
(2) by amending subparagraph (C) to read as follows:
``(C) Authorization of appropriations.--There are
authorized to be appropriated for the purposes described
in subparagraph (B) for each fiscal year beginning with
fiscal year 2001 an amount equal to $100,000,000,
reduced by the amount of fees authorized to be collected
under this paragraph for the fiscal year.'';
(3) in subparagraph (D)(ii)--
(A) in subclause (II), by striking ``and'';
(B) in subclause (III), by striking `` and each
subsequent fiscal year.'' and inserting ``; and''; and
(C) by adding at the end the following:
``(IV) the Medicare+Choice portion (as defined
in subparagraph (E)) of $100,000,000 in fiscal
year 2001 and each succeeding fiscal year.''; and
(4) by adding at the end the following:
``(E) Medicare+choice portion defined.--In this
paragraph, the term `Medicare+Choice portion' means, for
a fiscal year, the ratio, as estimated by the Secretary,
of--
``(i) the average number of individuals
enrolled in Medicare+Choice plans during the
fiscal year, to
``(ii) the average number of individuals
entitled to benefits under part A, and enrolled
under part B, during the fiscal year.''.
(b) Effective Date.--The amendments made by subsection (a) apply to
fees charged on or after January 1, 2001. The Secretary of Health and
Human Services may not increase the fees charged under section
1857(e)(2) of the Social Security Act (42 U.S.C. 1395w-27(e)(2)) for the
3-month period beginning with October 2000 above the level in effect
during the previous 9-month period.
SEC. 523. CLARIFICATION REGARDING THE ABILITY OF A RELIGIOUS FRATERNAL
BENEFIT SOCIETY TO OPERATE ANY MEDICARE+CHOICE PLAN.
Section 1859(e)(2) (42 U.S.C. 1395w-29(e)(2)) is amended in the
matter preceding subparagraph (A) by striking ``section 1851(a)(2)(A)''
and inserting ``section 1851(a)(2)''.
SEC. 524. RULES REGARDING PHYSICIAN REFERRALS FOR MEDICARE+CHOICE
PROGRAM.
(a) In General.--Section 1877(b)(3) (42 U.S.C. 1395nn(b)(3)) is
amended--
(1) in subparagraph (C), by striking ``or'' at the end;
(3) by adding at the end the following:
[[Page 113 STAT. 1501A-388]]
(2) in subparagraph (D), by striking the period at the end
and inserting ``, or''; and
``(E) that is a Medicare+Choice organization under
part C that is offering a coordinated care plan
described in section 1851(a)(2)(A) to an individual
enrolled with the organization.''.
(b) Effective Date.--The amendment made by this section shall apply
to services furnished on or after the date of the enactment of this Act.
Subtitle C--Demonstration Projects and Special Medicare Populations
SEC. 531. EXTENSION OF SOCIAL HEALTH MAINTENANCE ORGANIZATION
DEMONSTRATION (SHMO) PROJECT AUTHORITY.
(a) Extension.--Section 4018(b) of the Omnibus Budget Reconciliation
Act of 1987 (Public Law 100-203) is amended--
(1) in paragraph (1), by striking ``December 31, 2000'' and
inserting ``the date that is 18 months after the date that the
Secretary submits to Congress the report described in section
4014(c) of the Balanced Budget Act of 1997'';
(2) in paragraph (4), by striking ``March 31, 2001'' and
inserting ``the date that is 21 months after the date on which
Secretary submits to Congress the report described in section
4014(c) of the Balanced Budget Act of 1997''; and
(3) by adding at the end of paragraph (4) the following:
``Not later than 6 months after the date the Secretary submits
such final report, the Medicare Payment Advisory Commission
shall submit to Congress a report containing recommendations
regarding such project.''.
(b) Substitution of Aggregate Cap.--Section 13567(c) of the Omnibus
Budget Reconciliation Act of 1993 (Public Law 103-66) is amended to read
as follows:
``(c) Aggregate Limit on Number of Members.--The Secretary of Health
and Human Services may not impose a limit on the number of individuals
that may participate in a project conducted under section 2355 of the
Deficit Reduction Act of 1984, other than an aggregate limit of not less
than 324,000 for all sites.''.
SEC. 532. EXTENSION OF MEDICARE COMMUNITY NURSING ORGANIZATION
DEMONSTRATION PROJECT.
(a) Extension.--Notwithstanding any other provision of law, any
demonstration project conducted under section 4079 of the Omnibus Budget
Reconciliation Act of 1987 (Public Law 100-123; 42 U.S.C. 1395mm note)
and conducted for the additional period of 2 years as provided for under
section 4019 of BBA, shall be conducted for an additional period of 2
years. The Secretary of Health and Human Services shall provide for such
reduction in payments under such project in the extension period
provided under the previous sentence as the Secretary determines is
necessary to ensure that total Federal expenditures during the extension
period under the project do not exceed the total Federal expenditures
that would have been made under title XVIII of the Social Security Act
if such project had not been so extended.
[[Page 113 STAT. 1501A-389]]
(b) Report.--Not later than July 1, 2001, the Secretary of Health
and Human Services shall submit to Congress a report describing the
results of any demonstration project conducted under section 4079 of the
Omnibus Budget Reconciliation Act of 1987, and describing the data
collected by the Secretary relevant to the analysis of the results of
such project, including the most recently available data through the end
of 2000.
SEC. 533. MEDICARE+CHOICE COMPETITIVE BIDDING DEMONSTRATION PROJECT.
Section 4011 of BBA (42 U.S.C. 1395w-23 note) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary'' and inserting the
following (and conforming the indentation for the
remainder of the subsection accordingly):
``(1) In general.--Subject to the succeeding provisions of
this subsection, the Secretary''; and
(B) by adding at the end the following:
``(2) Delay in implementation.--The Secretary shall not
implement the project until January 1, 2002, or, if later, 6
months after the date the Competitive Pricing Advisory Committee
has submitted to Congress a report on each of the following
topics:
``(A) Incorporation of original medicare fee-for-
service program into project.--What changes would be
required in the project to feasibly incorporate the
original medicare fee-for-service program into the
project in the areas in which the project is
operational.
``(B) Quality activities.--The nature and extent of
the quality reporting and monitoring activities that
should be required of plans participating in the
project, the estimated costs that plans will incur as a
result of these requirements, and the current ability of
the Health Care Financing Administration to collect and
report comparable data, sufficient to support comparable
quality reporting and monitoring activities with respect
to beneficiaries enrolled in the original medicare fee-
for-service program generally.
``(C) Rural project.--The current viability of
initiating a project site in a rural area, given the
site specific budget neutrality requirements of the
project under subsection (g), and insofar as the
Committee decides that the addition of such a site is
not viable, recommendations on how the project might
best be changed so that such a site is viable.
``(D) Benefit structure.--The nature and extent of
the benefit structure that should be required of plans
participating in the project, the rationale for such
benefit structure, the potential implications that any
benefit standardization requirement may have on the
number of plan choices available to a beneficiary in an
area designated under the project, the potential
implications of requiring participating plans to offer
variations on any standardized benefit package the
committee might recommend, such that a beneficiary could
elect to pay a higher percentage of out-of-pocket costs
in exchange for a lower premium (or premium rebate as
the case may be), and the potential
[[Page 113 STAT. 1501A-390]]
implications of expanding the project (in conjunction
with the potential inclusion of the original medicare
fee-for-service program) to require medicare
supplemental insurance plans operating in an area
designated under the project to offer a coordinated and
comparable standardized benefit package.
``(3) Conforming deadlines.--Any dates specified in the
succeeding provisions of this section shall be delayed (as
specified by the Secretary) in a manner consistent with the
delay effected under paragraph (2).''; and
(2) in subsection (c)(1)(A)--
(A) by striking ``and'' at the end of clause (i);
and
(B) by adding at the end the following new clause:
``(iii) establish beneficiary premiums for
plans offered in such area in a manner such that a
beneficiary who enrolls in an offered plan the per
capita bid for which is less than the standard per
capita government contribution (as established by
the competitive pricing methodology established
for such area) may, at the plan's election, be
offered a rebate of some or all of the medicare
part B premium that such individual must otherwise
pay in order to participate in a Medicare+Choice
plan under the Medicare+Choice program; and''.
SEC. 534. EXTENSION OF MEDICARE MUNICIPAL HEALTH SERVICES DEMONSTRATION
PROJECTS.
Section 9215(a) of the Consolidated Omnibus Budget Reconciliation
Act of 1985, as amended by section 6135 of the Omnibus Budget
Reconciliation Act of 1989, section 13557 of the Omnibus Budget
Reconciliation Act of 1993, and section 4017 of BBA, is amended by
striking ``December 31, 2000'' and inserting ``December 31, 2002''.
SEC. 535. MEDICARE COORDINATED CARE DEMONSTRATION PROJECT.
Section 4016(e)(1)(A)(ii) of BBA (42 U.S.C. 1395b-1 note) is amended
to read as follows:
``(ii) Cancer hospital.--In the case of the
project described in subsection (b)(2)(C), the
Secretary shall provide for the transfer from the
Federal Hospital Insurance Trust Fund and the
Federal Supplementary Insurance Trust Fund under
title XVIII of the Social Security Act (42 U.S.C.
1395i, 1395t), in such proportions as the
Secretary determines to be appropriate, of such
funds as are necessary to cover costs of the
project, including costs for information
infrastructure and recurring costs of case
management services, flexible benefits, and
program management.''.
SEC. 536. MEDIGAP PROTECTIONS FOR PACE PROGRAM ENROLLEES.
(a) In General.--Section 1882(s)(3)(B) (42 U.S.C. 1395ss(s)(3)(B))
is amended--
(1) in clause (ii), by inserting ``or the individual is 65
years of age or older and is enrolled with a PACE provider under
section 1894, and there are circumstances that would permit the
discontinuance of the individual's enrollment with such provider
under circumstances that are similar to the circumstances that
would permit discontinuance of the individual's
[[Page 113 STAT. 1501A-391]]
election under the first sentence of such section if such
individual were enrolled in a Medicare+Choice plan'' before the
period;
(2) in clause (v)(II), by inserting ``any PACE provider
under section 1894,'' after ``demonstration project
authority,''; and
(3) in clause (vi)--
(A) by inserting ``or in a PACE program under
section 1894'' after ``part C''; and
(B) by striking ``such plan'' and inserting ``such
plan or such program''.
(b) Effective Date.--The amendments made by this section shall apply
to terminations or discontinuances made on or after the date of the
enactment of this Act.
Subtitle D--Medicare+Choice Nursing and Allied Health Professional
Education Payments
SEC. 541. MEDICARE+CHOICE NURSING AND ALLIED HEALTH PROFESSIONAL
EDUCATION PAYMENTS.
(a) Additional Payments for Nursing and Allied Health Education.--
Section 1886 (42 U.S.C. 1395ww) is amended by adding at the end the
following new subsection:
``(l) Payment for Nursing and Allied Health Education for Managed
Care Enrollees.--
``(1) In general.--For portions of cost reporting periods
occurring in a year (beginning with 2000), the Secretary shall
provide for an additional payment amount for any hospital that
receives payments for the costs of approved educational
activities for nurse and allied health professional training
under section 1861(v)(1).
``(2) Payment amount.--The additional payment amount under
this subsection for each hospital for portions of cost reporting
periods occurring in a year shall be an amount specified by the
Secretary in a manner consistent with the following:
``(A) Determination of managed care enrollee payment
ratio for graduate medical education payments.--The
Secretary shall estimate the ratio of payments for all
hospitals for portions of cost reporting periods
occurring in the year under subsection (h)(3)(D) to
total direct graduate medical education payments
estimated for such portions of periods under subsection
(h)(3).
``(B) Application to fee-for-service nursing and
allied health education payments.--Such ratio shall be
applied to the Secretary's estimate of total payments
for nursing and allied health education determined under
section 1861(v) for portions of cost reporting periods
occurring in the year to determine a total amount of
additional payments for nursing and allied health
education to be distributed to hospitals under this
subsection for portions of cost reporting periods
occurring in the year; except that in no case shall such
total amount exceed $60,000,000 in any year.
``(C) Application to hospital.--The amount of
payment under this subsection to a hospital for portions
of
[[Page 113 STAT. 1501A-392]]
cost reporting periods occurring in a year is equal to
the total amount of payments determined under
subparagraph (B) for the year multiplied by the
Secretary's estimate of the ratio of the amount of
payments made under section 1861(v) to the hospital for
nursing and allied health education activities for the
hospital's cost reporting period ending in the second
preceding fiscal year to the total of such amounts for
all hospitals for such cost reporting periods.''.
(b) Adjustments in Payments for Direct Graduate Medical Education.--
Section 1886(h)(3)(D) (42 U.S.C. 1395ww(h)(3)(D)) is amended--
(1) in clause (i), by inserting ``, subject to clause
(iii),'' after ``shall equal'';
(2) by redesignating clause (iii) as clause (iv); and
(3) by inserting after clause (ii) the following new clause:
``(iii) Proportional reduction for nursing and
allied health education.--The Secretary shall
estimate a proportional adjustment in payments to
all hospitals determined under clauses (i) and
(ii) for portions of cost reporting periods
beginning in a year (beginning with 2000) such
that the proportional adjustment reduces payments
in an amount for such year equal to the total
additional payment amounts for nursing and allied
health education determined under subsection (l)
for portions of cost reporting periods occurring
in that year.''.
Subtitle E--Studies and Reports
SEC. 551. REPORT ON ACCOUNTING FOR VA AND DOD EXPENDITURES FOR MEDICARE
BENEFICIARIES.
Not later April 1, 2001, the Secretary of Health and Human Services,
jointly with the Secretaries of Defense and of Veterans Affairs, shall
submit to Congress a report on the estimated use of health care services
furnished by the Departments of Defense and of Veterans Affairs to
medicare beneficiaries, including both beneficiaries under the original
medicare fee-for-service program and under the Medicare+Choice program.
The report shall include an analysis of how best to properly account for
expenditures for such services in the computation of Medicare+Choice
capitation rates.
SEC. 552. MEDICARE PAYMENT ADVISORY COMMISSION STUDIES AND REPORTS.
(a) Development of Special Payment Rules Under the Medicare+Choice
Program for Frail Elderly Enrolled in Specialized Programs.--
(1) Study.--The Medicare Payment Advisory Commission shall
conduct a study on the development of a payment methodology
under the Medicare+Choice program for frail elderly
Medicare+Choice beneficiaries enrolled in a Medicare+Choice plan
under a specialized program for the frail elderly that--
(A) accounts for the prevalence, mix, and severity
of chronic conditions among such frail elderly
Medicare+Choice beneficiaries;
[[Page 113 STAT. 1501A-393]]
(B) includes medical diagnostic factors from all
provider settings (including hospital and nursing
facility settings); and
(C) includes functional indicators of health status
and such other factors as may be necessary to achieve
appropriate payments for plans serving such
beneficiaries.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall submit a report to
Congress on the study conducted under paragraph (1), together
with any recommendations for legislation that the Commission
determines to be appropriate as a result of such study.
(b) Report on Medicare MSA (Medical Savings Account) Plans.--Not
later than 1 year after the date of the enactment of this Act, the
Medicare Payment Assessment Commission shall submit to Congress a report
on specific legislative changes that should be made to make MSA plans
(as defined in section 1859(b)(3) of the Social Security Act, 42 U.S.C.
1395w-29(b)(3)) a viable option under the Medicare+Choice program.
SEC. 553. GAO STUDIES, AUDITS, AND REPORTS.
(a) Study of Medigap Policies.--
(1) In general.--The Comptroller General of the United
States (in this section referred to as the ``Comptroller
General'') shall conduct a study of the issues described in
paragraph (2) regarding medicare supplemental policies described
in section 1882(g)(1) of the Social Security Act (42 U.S.C.
1395ss(g)(1)).
(2) Issues to be studied.--The issues described in this
paragraph are the following:
(A) The level of coverage provided by each type of
medicare supplemental policy.
(B) The current enrollment levels in each type of
medicare supplemental policy.
(C) The availability of each type of medicare
supplemental policy to medicare beneficiaries over age
65\1/2\.
(D) The number and type of medicare supplemental
policies offered in each State.
(E) The average out-of-pocket costs (including
premiums) per beneficiary under each type of medicare
supplemental policy.
(2) Report.--Not later than July 31, 2001, the Comptroller
General shall submit a report to Congress on the results of the
study conducted under this subsection, together with any
recommendations for legislation that the Comptroller General
determines to be appropriate as a result of such study.
(b) GAO Audit and Reports on the Provision of Medicare+Choice Health
Information to Beneficiaries.--
(1) In general.--Beginning in 2000, the Comptroller General
shall conduct an annual audit of the expenditures by the
Secretary of Health and Human Services during the preceding year
in providing information regarding the Medicare+Choice program
under part C of title XVIII of the Social Security Act (42
U.S.C. 1395w-21 et seq.) to eligible medicare beneficiaries.
(3) Reports.--Not later than March 31 of 2001, 2004, 2007,
and 2010, the Comptroller General shall submit a report
[[Page 113 STAT. 1501A-394]]
to Congress on the results of the audit of the expenditures of
the preceding 3 years conducted pursuant to subsection (a),
together with an evaluation of the effectiveness of the means
used by the Secretary of Health and Human Services in providing
information regarding the Medicare+Choice program under part C
of title XVIII of the Social Security Act (42 U.S.C. 1395w-21 et
seq.) to eligible medicare beneficiaries.
TITLE VI--MEDICAID
SEC. 601. INCREASE IN DSH ALLOTMENT FOR CERTAIN STATES AND THE DISTRICT
OF COLUMBIA.
(a) In General.--The table in section 1923(f)(2) (42 U.S.C. 1396r-
4(f)(2)) is amended under each of the columns for FY 00, FY 01, and FY
02--
(1) in the entry for the District of Columbia, by striking
``23'' and inserting ``32'';
(2) in the entry for Minnesota, by striking ``16'' and
inserting ``33'';
(3) in the entry for New Mexico, by striking ``5'' and
inserting ``9''; and
(4) in the entry for Wyoming, by striking ``0'' and
inserting ``0.1''.
(b) Effective Date.--The amendments made by subsection (a) take
effect on October 1, 1999, and applies to expenditures made on or after
such date.
SEC. 602. REMOVAL OF FISCAL YEAR LIMITATION ON CERTAIN TRANSITIONAL
ADMINISTRATIVE COSTS ASSISTANCE.
(a) In General.--Section 1931(h) (42 U.S.C. 1396u-1(h)) is amended--
(1) in paragraph (3), by striking ``and ending with fiscal
year 2000''; and
(2) by striking paragraph (4).
(b) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 114 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (Public
Law 104-193; 110 Stat. 2177).
SEC. 603. MODIFICATION OF THE PHASE-OUT OF PAYMENT FOR FEDERALLY-
QUALIFIED HEALTH CENTER SERVICES AND RURAL HEALTH CLINIC
SERVICES BASED ON REASONABLE COSTS.
(a) Modification of Phase-Out.--
(1) In general.--Section 1902(a)(13)(C)(i) (42 U.S.C.
1396a(a)(13)(C)(i)) is amended by striking ``90 percent for
services furnished during fiscal year 2001, 85 percent for
services furnished during fiscal year 2002, or 70 percent for
services furnished during fiscal year 2003'' and inserting
``fiscal year 2001, or fiscal year 2002, 90 percent for services
furnished during fiscal year 2003, or 85 percent for services
furnished during fiscal year 2004''.
(2) Conforming amendment to end of transitional payment
rules.--Section 4712(c) of BBA (111 Stat. 509) is amended by
striking ``2003'' and inserting ``2004''.
[[Page 113 STAT. 1501A-395]]
(3) Effective date.--The amendments made by this subsection
shall take effect as if included in the enactment of section
4712 of BBA (111 Stat. 508).
(b) GAO Study and Report.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the United States
shall submit a report to Congress that evaluates the effect on
Federally-qualified health centers and rural health clinics and on the
populations served by such centers and clinics of the phase-out and
elimination of the reasonable cost basis for payment for Federally-
qualified health center services and rural health clinic services
provided under section 1902(a)(13)(C)(i) of the Social Security Act (42
U.S.C. 1396a(a)(13)(C)(i)), as amended by section 4712 of BBA (111 Stat.
508) and subsection (a) of this section. Such report shall include an
analysis of the amount, method, and impact of payments made by States
that have provided for payment under title XIX of such Act for such
services on a basis other than payment of costs which are reasonable and
related to the cost of furnishing such services, together with any
recommendations for legislation, including whether a new payment system
is needed, that the Comptroller General determines to be appropriate as
a result of the study.
SEC. 604. PARITY IN REIMBURSEMENT FOR CERTAIN UTILIZATION AND QUALITY
CONTROL SERVICES; ELIMINATION OF DUPLICATIVE REQUIREMENTS
FOR EXTERNAL QUALITY REVIEW OF MEDICAID MANAGED CARE
ORGANIZATIONS.
(a) Parity in Reimbursement for Certain Utilization and Quality
Control Services.--
(1) Interim amendment to remove references to quality
review.--Section 1902(d) (42 U.S.C. 1396a(d)) is amended by
striking ``for the performance of the quality review functions
described in subsection (a)(30)(C),''.
(2) Final amendments to remove references to quality
review.--
(A) Section 1902.--Section 1902(d) (42 U.S.C.
1396a(d)) is amended by striking ``(including quality
review functions described in subsection (a)(30)(C))''.
(B) Section 1903.--Section 1903(a)(3)(C)(i) (42
U.S.C. 1396b(a)(3)(C)(i)) is amended by striking ``or
quality review''.
(b) Elimination of Duplicative Requirements for External Quality
Review of Medicaid Managed Care Organizations.--
(1) In general.--Section 1902(a)(30) (42 U.S.C.
1396a(a)(30)) is amended--
(A) in subparagraph (A), by adding ``and'' at the
end;
(B) in subparagraph (B)(ii), by striking ``and'' at
the end; and
(C) by striking subparagraph (C).
(2) Conforming amendment.--Section 1903(m)(6)(B) (42 U.S.C.
1396b(m)(6)(B)) is amended--
(A) in clause (ii), by adding ``and'' at the end;
(B) in clause (iii), by striking ``; and'' and
inserting a period; and
(C) by striking clause (iv).
(c) Effective Dates.--
[[Page 113 STAT. 1501A-396]]
(1) The amendment made by subsection (a)(1) applies to
expenditures made on and after the date of the enactment of this
Act.
(2) The amendments made by subsections (a)(2) and (b) apply
as of such date as the Secretary of Health and Human Services
certifies to Congress that the Secretary is fully implementing
section 1932(c)(2) of the Social Security Act (42 U.S.C. 1396u-
2(c)(2)).
SEC. 605. INAPPLICABILITY OF ENHANCED MATCH UNDER THE STATE CHILDREN'S
HEALTH INSURANCE PROGRAM TO MEDICAID DSH PAYMENTS.
(a) In General.--The last sentence of section 1905(b) (42 U.S.C.
1396d(b)) is amended by inserting ``(other than expenditures under
section 1923)'' after ``with respect to expenditures''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on October 1, 1999, and applies to expenditures made on or after
such date.
SEC. 606. OPTIONAL DEFERMENT OF THE EFFECTIVE DATE FOR OUTPATIENT DRUG
AGREEMENTS.
(a) In General.--Section 1927(a)(1) (42 U.S.C. 1396r-8(a)(1)) is
amended by striking ``shall not be effective until'' and inserting
``shall become effective as of the date on which the agreement is
entered into or, at State option, on any date thereafter on or before''.
(b) Effective Date.--The amendment made by subsection (a) applies to
agreements entered into on or after the date of enactment of this Act.
SEC. 607. MAKING MEDICAID DSH TRANSITION RULE PERMANENT.
(a) In General.--Section 4721(e) of BBA (42 U.S.C. 1396r-4 note) is
amended--
(1) in the matter before paragraph (1), by striking
``1923(g)(2)(A)'' and ``1396r-4(g)(2)(A)'' and inserting
``1923(g)(2)'' and ``1396r-4(g)(2)'', respectively;
(2) in paragraphs (1) and (2)--
(A) by striking ``, and before July 1, 1999''; and
(B) by striking ``in such section'' and inserting
``in subparagraph (A) of such section''; and
(3) by striking ``and'' at the end of paragraph (1), by
striking the period at the end of paragraph (2) and inserting
``; and'', and by adding at the end the following new paragraph:
``(3) effective for State fiscal years that begin on or
after July 1, 1999, `or (b)(1)(B)' were inserted in section
1923(g)(2)(B)(ii)(I) after `(b)(1)(A)'.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of section 4721(e) of BBA.
SEC. 608. MEDICAID TECHNICAL CORRECTIONS.
(a) Section 1902(a)(64) (42 U.S.C. 1396a(a)(64)) is amended by
adding ``and'' at the end.
(b) Section 1902(j) (42 U.S.C. 1396a(j)) is amended by striking ``of
of'' and inserting ``of''.
(c) Section 1902(l) (42 U.S.C. 1396a(l)) is amended--
(1) in paragraph (1)(C), by striking ``children children''
and inserting ``children'';
[[Page 113 STAT. 1501A-397]]
(2) in paragraph (3), in the matter preceding subparagraph
(A), by striking the first comma after ``(a)(10)(A)(i)(VII)'';
and
(3) in paragraph (4)(B), by inserting a comma after
``(a)(10)(A)(i)(IV)''.
(d) Section 1902(v) (42 U.S.C. 1396a(v)) is amended by striking
``(1)''.
(e) Section 1903(b)(4) (42 U.S.C. 1396b(b)(4)) is amended, in the
matter preceding subparagraph (A), by inserting ``of'' after ``for the
use''.
(f) The left margins of clauses (i) and (ii) of section
1903(d)(3)(B) (42 U.S.C. 1396b(d)(3)(B)) are each realigned so as to
align with the left margin of section 1903(d)(3)(A).
(g) Section 1903(f)(2) (42 U.S.C. 1396b(f)(2)) is amended by
striking the extra period at the end.
(h) Section 1903(i)(14) (1396b(i)(14)) is amended by adding ``or''
after the semicolon.
(i) Section 1903(m)(2)(A) (42 U.S.C. 1396b(m)(2)(A)) is amended--
(1) in clause (vi), by striking the semicolon the first
place it appears; and
(2) by redesignating the clause (xi) added by section
4701(c)(3) of BBA (111 Stat. 493) as clause (xii).
(j) Section 1903(o) (42 U.S.C. 1396b(o)) is amended by striking
``1974))'' and inserting ``1974)''.
(k) Section 1903(w) (42 U.S.C. 1396b(w)) is amended--
(1) in paragraph (1)(B), by striking ``puroses'' and
inserting ``purposes'';
(2) in paragraph (3)(B), by inserting a comma after ``(D)'';
and
(3) by realigning the left margin of clause (viii) in
paragraph (7)(A) so as to align with the left margin of clause
(vii) of that paragraph.
(l) Section 1905(b)(1) (42 U.S.C. 1396d(b)(1)) is amended by
striking ``per centum,,'' and inserting ``per centum,''.
(m) Section 1905(l)(2)(B) (42 U.S.C. 1936d(l)(2)(B)) is amended by
striking ``a entity'' and inserting ``an entity''.
(n) The heading for section 1910 (42 U.S.C. 1396i) is amended by
striking ``of'' the first place it appears.
(o) Section 1915 (42 U.S.C. 1396n) is amended--
(1) in subsection (b), by striking ``1902(a)(13)(E)'' and
inserting ``1902(a)(13)(C)'';
(2) in the last sentence of subsection (d)(5)(B)(iii), by
striking ``75'' and inserting ``65''; and
(3) in subsection (h), by striking ``90 day'' and inserting
``90 days''.
(p) Section 1919 (42 U.S.C. 1396r) is amended--
(1) in subsection (b)(3)(C)(i)(I), by striking ``not later
than'' the first place it appears; and
(2) in subsection (d)(4)(A), by striking ``1124'' and
inserting ``1124)''.
(q) Section 1920(b)(2)(D)(i)(I) (42 U.S.C. 1396r-1(b)(2)(D)(i)(I))
is amended by striking ``329, 330, or 340'' and inserting ``330 or
330A''.
(r) Section 1920A(d)(1)(B) (42 U.S.C. 1396r-1a(d)(1)(B)) is amended
by striking ``a entity'' and inserting ``an entity''.
(s) Section 1923(c)(3)(B) (42 U.S.C. 1396r-4(c)(3)(B)) is amended by
striking ``patients.'' and inserting ``patients,''.
[[Page 113 STAT. 1501A-398]]
(t) Section 1925 (42 U.S.C. 1396r-6) is amended--
(1) in subsection (a)(3)(C), by striking ``(i)(VI)
(i)(VII),,'' and inserting ``(i)(VI), (i)(VII),''; and
(2) in subsection (b)(3)(C)(i), by striking ``(i)(IV)
(i)(VI) (i)(VII),,'' and inserting ``(i)(IV), (i)(VI),
(i)(VII),''.
(u) Section 1927 (42 U.S.C. 1396r-8) is amended--
(1) in subsection (g)(2)(A)(ii)(II)(cc), by striking
``individuals'' and inserting ``individual's'';
(2) in subsection (i)(1), by striking ``the the'' and
inserting ``the''; and
(3) in subsection (k)(7)--
(A) in subparagraph (A)(iv), by striking
``distributers'' and inserting ``distributors''; and
(B) in subparagraph (C)(i), by striking
``pharmaceuutically'' and inserting
``pharmaceutically''.
(v) Section 1929 (42 U.S.C. 1396t) is amended--
(1) in subsection (c)(2), by realigning the left margins of
clauses (i) and (ii) of subparagraph (E) so as to align with the
left margins of clauses (i) and (ii) of subparagraph (F) of that
subsection;
(2) in subsection (k)(1)(A)(i), by striking ``settings,''
and inserting ``settings),''; and
(3) in subsection (l), by striking ``State wideness'' and
inserting ``Statewideness''.
(w) Section 1932 (42 U.S.C. 1396u-2) is amended--
(1) in subsection (c)(2)(C), by inserting ``part'' before
``C of title XVIII''; and
(2) in subsection (d)--
(A) in paragraph (1)(C)(ii), by striking ``Act'' and
inserting ``Regulation''; and
(B) in paragraph (2)(B), by striking ``1903(t)(3)''
and inserting ``1905(t)(3)''.
(x) Section 1933(b)(4) (42 U.S.C. 1396u-3(b)(4)) is amended by
inserting ``a'' after ``for a month in''.
(y)(1) The section 1908 (42 U.S.C. 1396g-1) that relates to required
laws relating to medical child support is redesignated as section 1908A.
(2) Section 1902(a)(60) (42 U.S.C. 1396b(a)(60)) is amended by
striking ``1908'' and inserting ``1908A''.
(z) Effective October 1, 2004, section 1915(b) (42 U.S.C. 1396n(b))
is amended, in the matter preceding paragraph (1), by striking
``sections 1902(a)(13)(C) and'' and inserting ``section''.
(aa) Effective as if included in the enactment of BBA--
(1) section 1902(a)(10)(A)(ii)(XIV) (42 U.S.C.
1396a(a)(10)(A)(ii)(XIV)) is amended by striking
``1905(u)(2)(C)'' and inserting ``1905(u)(2)(B)'';
(2) section 1903(f)(4) (42 U.S.C. 1396b(f)(4)) is amended,
in the matter preceding subparagraph (A), by striking
``1905(p)(1), or 1905(u)'' and inserting
``1902(a)(10)(A)(ii)(XIII), 1902(a)(10)(A)(ii)(XIV), or
1905(p)(1)''; and
(3) section 1905(a)(15) (42 U.S.C. 1396d(a)(15)) is amended
by striking ``1902(a)(31)(A)'' and inserting ``1902(a)(31)''.
(bb) Except as otherwise provided, the amendments made by this
section shall take effect on the date of enactment of this Act.
[[Page 113 STAT. 1501A-399]]
TITLE VII--STATE CHILDREN'S HEALTH INSURANCE PROGRAM (SCHIP)
SEC. 701. STABILIZING THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM
ALLOTMENT FORMULA.
(a) In General.--Section 2104(b) (42 U.S.C. 1397dd(b)) is amended--
(1) in paragraph (2)(A)--
(A) in clause (i), by striking ``through 2000'' and
inserting ``and 1999''; and
(B) in clause (ii), by striking ``2001'' and
inserting ``2000'';
(2) by amending paragraph (4) to read as follows:
``(4) Floors and ceilings in state allotments.--
``(A) In general.--The proportion of the allotment
under this subsection for a subsection (b) State (as
defined in subparagraph (D)) for fiscal year 2000 and
each fiscal year thereafter shall be subject to the
following floors and ceilings:
``(i) Floor of $2,000,000.--A floor equal to
$2,000,000 divided by the total of the amount
available under this subsection for all such
allotments for the fiscal year.
``(ii) Annual floor of 10 percent below
preceding fiscal year's proportion.--A floor of 90
percent of the proportion for the State for the
preceding fiscal year.
``(iii) Cumulative floor of 30 percent below
the fy 1999 proportion.--A floor of 70 percent of
the proportion for the State for fiscal year 1999.
``(iv) Cumulative ceiling of 45 percent above
fy 1999 proportion.--A ceiling of 145 percent of
the proportion for the State for fiscal year 1999.
``(B) Reconciliation.--
``(i) Elimination of any deficit by
establishing a percentage increase ceiling for
states with highest annual percentage increases.--
To the extent that the application of subparagraph
(A) would result in the sum of the proportions of
the allotments for all subsection (b) States
exceeding 1.0, the Secretary shall establish a
maximum percentage increase in such proportions
for all subsection (b) States for the fiscal year
in a manner so that such sum equals 1.0.
``(ii) Allocation of surplus through pro rata
increase.--To the extent that the application of
subparagraph (A) would result in the sum of the
proportions of the allotments for all subsection
(b) States being less than 1.0, the proportions of
such allotments (as computed before the
application of floors under clauses (i), (ii), and
(iii) of subparagraph (A)) for all subsection (b)
States shall be increased in a pro rata manner
(but not to exceed the ceiling established under
subparagraph (A)(iv)) so that (after the
application of such floors and ceiling) such sum
equals 1.0.
[[Page 113 STAT. 1501A-400]]
``(C) Construction.--This paragraph shall not be
construed as applying to (or taking into account)
amounts of allotments redistributed under subsection
(f).
``(D) Definitions.--In this paragraph:
``(i) Proportion of allotment.--The term
`proportion' means, with respect to the allotment
of a subsection (b) State for a fiscal year, the
amount of the allotment of such State under this
subsection for the fiscal year divided by the
total of the amount available under this
subsection for all such allotments for the fiscal
year.
``(ii) Subsection (b) state.--The term
`subsection (b) State' means one of the 50 States
or the District of Columbia.'';
(3) in paragraph (2)(B), by striking ``the fiscal year'' and
inserting ``the calendar year in which such fiscal year
begins''; and
(4) in paragraph (3)(B), by striking ``the fiscal year
involved'' and inserting ``the calendar year in which such
fiscal year begins''.
(b) Effective Date.--The amendments made by this section apply to
allotments determined under title XXI of the Social Security Act (42
U.S.C. 1397aa et seq.) for fiscal year 2000 and each fiscal year
thereafter.
SEC. 702. INCREASED ALLOTMENTS FOR TERRITORIES UNDER THE STATE
CHILDREN'S HEALTH INSURANCE PROGRAM.
Section 2104(c)(4)(B) (42 U.S.C. 1397dd(c)(4)(B)) is amended by
inserting ``, $34,200,000 for each of fiscal years 2000 and 2001,
$25,200,000 for each of fiscal years 2002 through 2004, $32,400,000 for
each of fiscal years 2005 and 2006, and $40,000,000 for fiscal year
2007'' before the period.
SEC. 703. IMPROVED DATA COLLECTION AND EVALUATIONS OF THE STATE
CHILDREN'S HEALTH INSURANCE PROGRAM.
(a) Funding for Reliable Annual State-by-State Estimates on the
Number of Children Who Do Not Have Health Insurance Coverage.--Section
2109 (42 U.S.C. 1397ii) is amended by adding at the end the following:
``(b) Adjustment to Current Population Survey To Include State-by-
State Data Relating to Children Without Health Insurance Coverage.--
``(1) In general.--The Secretary of Commerce shall make
appropriate adjustments to the annual Current Population Survey
conducted by the Bureau of the Census in order to produce
statistically reliable annual State data on the number of low-
income children who do not have health insurance coverage, so
that real changes in the uninsurance rates of children can
reasonably be detected. The Current Population Survey should
produce data under this subsection that categorizes such
children by family income, age, and race or ethnicity. The
adjustments made to produce such data shall include, where
appropriate, expanding the sample size used in the State
sampling units, expanding the number of sampling units in a
State, and an appropriate verification element.
``(2) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
[[Page 113 STAT. 1501A-401]]
appropriated $10,000,000 for fiscal year 2000 and each fiscal
year thereafter for the purpose of carrying out this
subsection.''.
(b) Federal Evaluation of State Children's Health Insurance
Programs.--Section 2108 (42 U.S.C. 1397hh) is amended by adding at the
end the following:
``(c) Federal Evaluation.--
``(1) In general.--The Secretary, directly or through
contracts or interagency agreements, shall conduct an
independent evaluation of 10 States with approved child health
plans.
``(2) Selection of states.--In selecting States for the
evaluation conducted under this subsection, the Secretary shall
choose 10 States that utilize diverse approaches to providing
child health assistance, represent various geographic areas
(including a mix of rural and urban areas), and contain a
significant portion of uncovered children.
``(3) Matters included.--In addition to the elements
described in subsection (b)(1), the evaluation conducted under
this subsection shall include each of the following:
``(A) Surveys of the target population (enrollees,
disenrollees, and individuals eligible for but not
enrolled in the program under this title).
``(B) Evaluation of effective and ineffective
outreach and enrollment practices with respect to
children (for both the program under this title and the
medicaid program under title XIX), and identification of
enrollment barriers and key elements of effective
outreach and enrollment practices, including practices
that have successfully enrolled hard-to-reach
populations such as children who are eligible for
medical assistance under title XIX but have not been
enrolled previously in the medicaid program under that
title.
``(C) Evaluation of the extent to which State
medicaid eligibility practices and procedures under the
medicaid program under title XIX are a barrier to the
enrollment of children under that program, and the
extent to which coordination (or lack of coordination)
between that program and the program under this title
affects the enrollment of children under both programs.
``(D) An assessment of the effect of cost-sharing on
utilization, enrollment, and coverage retention.
``(E) Evaluation of disenrollment or other retention
issues, such as switching to private coverage, failure
to pay premiums, or barriers in the recertification
process.
``(4) Submission to congress.--Not later than December 31,
2001, the Secretary shall submit to Congress the results of the
evaluation conducted under this subsection.
``(5) Funding.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are appropriated
$10,000,000 for fiscal year 2000 for the purpose of conducting
the evaluation authorized under this subsection. Amounts
appropriated under this paragraph shall remain available for
expenditure through fiscal year 2002.''.
(c) Inspector General Audit and GAO Report on Enrollees Eligible for
Medicaid.--Section 2108 (42 U.S.C. 1397hh), as amended by subsection
(b), is amended by adding at the end the following:
``(d) Inspector General Audit and GAO Report.--
[[Page 113 STAT. 1501A-402]]
``(1) Audit.--Beginning with fiscal year 2000, and every
third fiscal year thereafter, the Secretary, through the
Inspector General of the Department of Health and Human
Services, shall audit a sample from among the States described
in paragraph (2) in order to--
``(A) determine the number, if any,
of enrollees under the plan under this title who are
eligible for medical assistance under title XIX (other
than as optional targeted low-income children under
section 1902(a)(10)(A)(ii)(XIV)); and
``(B) assess the progress made in reducing the
number of uncovered low-income children, including the
progress made to achieve the strategic objectives and
performance goals included in the State child health
plan under section 2107(a).
``(2) State described.--A State described in this paragraph
is a State with an approved State child health plan under this
title that does not, as part of such plan, provide health
benefits coverage under the State's medicaid program under title
XIX.
``(3) Monitoring and report from gao.--The Comptroller
General of the United States shall monitor the audits conducted
under this subsection and, not later than March 1 of each fiscal
year after a fiscal year in which an audit is conducted under
this subsection, shall submit a report to Congress on the
results of the audit conducted during the prior fiscal year.''.
(d) Coordination of Data Collection With Data Requirements Under the
Maternal and Child Health Services Block Grant.--
(1) In general.--Paragraphs (2)(D)(ii) and (3)(D)(ii)(II) of
section 506(a) (42 U.S.C. 706(a)) are each amended by inserting
``or the State plan under title XXI'' after ``title XIX''.
(2) Effective date.--The amendments made by paragraph (1)
apply to annual reports submitted under section 506 of the
Social Security Act (42 U.S.C. 706) for years beginning after
the date of the enactment of this Act.
(e) Coordination of Data Surveys and Reports.--The Secretary of
Health and Human Services, through the Assistant Secretary for Planning
and Evaluation, shall establish a clearinghouse for the consolidation
and coordination of all Federal databases and reports regarding
children's health.
SEC. 704. REFERENCES TO SCHIP AND STATE CHILDREN'S HEALTH INSURANCE
PROGRAM.
The Secretary of Health and Human Services or any other Federal
officer or employee, with respect to any reference to the program under
title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) in any
publication or other official communication, shall use--
(1) the term ``SCHIP'' instead of the term ``CHIP''; and
(2) the term ``State children's health insurance program''
instead of the term ``children's health insurance program''.
SEC. 705. SCHIP TECHNICAL CORRECTIONS.
(a) Section 2104(b)(3)(B) (42 U.S.C. 1397dd(b)(3)(B)) is amended by
striking ``States.'' and inserting ``States,''.
(b) Section 2105(d)(2)(B)(iii) (42 U.S.C. 1397ee(d)(2)(B)(iii)) is
amended by inserting ``in'' after ``described''.
[[Page 113 STAT. 1501A-403]]
(c) Section 2109(a) (42 U.S.C.1397ii(a)) is amended--
(1) in paragraph (1), by striking ``title II'' and inserting
``title I''; and
(2) in paragraph (2), by inserting ``)'' before the period.
[[Page 113 STAT. 1501A-405]]
APPENDIX G--H.R. 3427
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Admiral James W. Nance and Meg
Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
2001''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Act.--This Act is organized into two divisions as follows:
(1) Division a.--Department of State Provisions.
(2) Division b.--Arms Control, Nonproliferation, and
Security Assistance Provisions.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of act into divisions; table of contents.
Sec. 3. Definitions.
DIVISION A--DEPARTMENT OF STATE PROVISIONS
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Subtitle A--Department of State
Sec. 101. Administration of foreign affairs.
Sec. 102. International commissions.
Sec. 103. Migration and refugee assistance.
Sec. 104. United States informational, educational, and cultural
programs.
Sec. 105. Grants to the Asia Foundation.
Sec. 106. Contributions to international organizations.
Sec. 107. Contributions for international peacekeeping activities.
Sec. 108. Voluntary contributions to international organizations.
Subtitle B--United States International Broadcasting Activities
Sec. 121. Authorizations of appropriations.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--Basic Authorities and Activities
Sec. 201. Office of Children's Issues.
Sec. 202. Strengthening implementation of the Hague Convention on the
Civil Aspects of International Child Abduction.
Sec. 203. Report concerning attack in Cambodia.
Sec. 204. International expositions.
Sec. 205. Responsibility of the AID Inspector General for the Inter-
American Foundation and the African Development Foundation.
Sec. 206. Report on Cuban drug trafficking.
Sec. 207. Revision of reporting requirement.
Sec. 208. Foreign language proficiency.
Sec. 209. Continuation of reporting requirements.
Sec. 210. Joint funds under agreements for cooperation in
environmental, scientific, cultural and related areas.
Sec. 211. Report on international extradition.
Subtitle B--Consular Authorities
Sec. 231. Machine readable visas.
[[Page 113 STAT. 1501A-406]]
Sec. 232. Fees relating to affidavits of support.
Sec. 233. Passport fees.
Sec. 234. Deaths and estates of United States citizens abroad.
Sec. 235. Duties of consular officers regarding major disasters and
incidents abroad affecting United States citizens.
Sec. 236. Issuance of passports for children under age 14.
Sec. 237. Processing of visa applications.
Sec. 238. Feasibility study on further passport restrictions on
individuals in arrears on child support.
Subtitle C--Refugees
Sec. 251. United States policy regarding the involuntary return of
refugees.
Sec. 252. Human rights reports.
Sec. 253. Guidelines for refugee processing posts.
Sec. 254. Gender-related persecution task force.
Sec. 255. Eligibility for refugee status.
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
Subtitle A--Organization Matters
Sec. 301. Legislative liaison offices of the Department of State.
Sec. 302. State Department official for Northeastern Europe.
Sec. 303. Science and Technology Adviser to the Secretary of State.
Sec. 304. Application of certain laws to public diplomacy funds.
Sec. 305. Reform of the diplomatic telecommunications service office.
Subtitle B--Personnel of the Department of State
Sec. 321. Award of Foreign Service star.
Sec. 322. United States citizens hired abroad.
Sec. 323. Limitation on percentage of Senior Foreign Service eligible
for performance pay.
Sec. 324. Placement of Senior Foreign Service personnel.
Sec. 325. Report on management training.
Sec. 326. Workforce planning for Foreign Service personnel by Federal
agencies.
Sec. 327. Records of disciplinary actions.
Sec. 328. Limitation on salary and benefits for members of the Foreign
Service recommended for separation for cause.
Sec. 329. Treatment of grievance records.
Sec. 330. Deadlines for filing grievances.
Sec. 331. Reports by the Foreign Service Grievance Board.
Sec. 332. Extension of use of Foreign Service personnel system.
Sec. 333. Border equalization pay adjustment.
Sec. 334. Treatment of certain persons reemployed after service with
international organizations.
Sec. 335. Transfer allowance for families of deceased Foreign Service
personnel.
Sec. 336. Parental choice in education.
Sec. 337. Medical emergency assistance.
Sec. 338. Report concerning financial disadvantages for administrative
and technical personnel.
Sec. 339. State Department Inspector General and personnel
investigations.
Sec. 340. Study of compensation for survivors of terrorist attacks
overseas.
Sec. 341. Preservation of diversity in reorganization.
TITLE IV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
Subtitle A--Authorities and Activities
Sec. 401. Educational and cultural exchanges and scholarships for
Tibetans and Burmese.
Sec. 402. Conduct of certain educational and cultural exchange
programs.
Sec. 403. National security measures.
Sec. 404. Sunset of United States Advisory Commission on Public
Diplomacy.
Sec. 405. Royal Ulster Constabulary training.
Subtitle B--Russian and Ukrainian Business Management Education
Sec. 421. Purpose.
Sec. 422. Definitions.
Sec. 423. Authorization for training program and internships.
Sec. 424. Applications for technical assistance.
[[Page 113 STAT. 1501A-407]]
Sec. 425. Restrictions not applicable.
Sec. 426. Authorization of appropriations.
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES
Sec. 501. Reauthorization of Radio Free Asia.
Sec. 502. Nomination requirements for the Chairman of the Broadcasting
Board of Governors.
Sec. 503. Preservation of RFE/RL (Radio Free Europe/Radio Liberty).
Sec. 504. Immunity from civil liability for Broadcasting Board of
Governors.
TITLE VI--EMBASSY SECURITY AND COUNTERTERRORISM MEASURES
Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. United States diplomatic facility defined.
Sec. 604. Authorizations of appropriations.
Sec. 605. Obligations and expenditures.
Sec. 606. Security requirements for United States diplomatic
facilities.
Sec. 607. Report on overseas presence.
Sec. 608. Accountability review boards.
Sec. 609. Increased anti-terrorism training in Africa.
TITLE VII--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS
Subtitle A--International Organizations Other than the United Nations
Sec. 701. Conforming amendments to reflect redesignation of certain
interparliamentary groups.
Sec. 702. Authority of the International Boundary and Water Commission
to assist State and local governments.
Sec. 703. International Boundary and Water Commission.
Sec. 704. Semiannual reports on United States support for membership or
participation of Taiwan in international organizations.
Sec. 705. Restriction relating to United States accession to the
International Criminal Court.
Sec. 706. Prohibition on extradition or transfer of United States
citizens to the International Criminal Court.
Sec. 707. Requirement for reports regarding foreign travel.
Sec. 708. United States representation at the International Atomic
Energy Agency.
Subtitle B--United Nations Activities
Sec. 721. United Nations policy on Israel and the Palestinians.
Sec. 722. Data on costs incurred in support of United Nations
peacekeeping operations.
Sec. 723. Reimbursement for goods and services provided by the United
States to the United Nations.
Sec. 724. Codification of required notice of proposed United Nations
peacekeeping operations.
TITLE VIII--MISCELLANEOUS PROVISIONS
Subtitle A--General Provisions
Sec. 801. Denial of entry into United States of foreign nationals
engaged in establishment or enforcement of forced abortion or
sterilization policy.
Sec. 802. Technical corrections.
Sec. 803. Reports with respect to a referendum on Western Sahara.
Sec. 804. Reporting requirements under PLO Commitments Compliance Act
of 1989.
Sec. 805. Report on terrorist activity in which United States citizens
were killed and related matters.
Sec. 806. Annual reporting on war crimes, crimes against humanity, and
genocide.
Subtitle B--North Korea Threat Reduction
Sec. 821. Short title.
Sec. 822. Restrictions on nuclear cooperation with North Korea.
Sec. 823. Definitions.
Subtitle C--People's Republic of China
Sec. 871. Findings.
Sec. 872. Funding for additional personnel at diplomatic posts to
report on political, economic, and human rights matters in
the People's Republic of China.
[[Page 113 STAT. 1501A-408]]
Sec. 873. Prisoner information registry for the People's Republic of
China.
TITLE IX--ARREARS PAYMENTS AND REFORM
Subtitle A--General Provisions
Sec. 901. Short title.
Sec. 902. Definitions.
Subtitle B--Arrearages to the United Nations
Chapter 1--Authorization of Appropriations; Obligation and Expenditure
of Funds
Sec. 911. Authorization of appropriations.
Sec. 912. Obligation and expenditure of funds.
Sec. 913. Forgiveness of amounts owed by the United Nations to the
United States.
Chapter 2--United States Sovereignty
Sec. 921. Certification requirements.
Chapter 3--Reform of Assessments and United Nations Peacekeeping
Operations
Sec. 931. Certification requirements.
Chapter 4--Budget and Personnel Reform
Sec. 941. Certification requirements.
Subtitle C--Miscellaneous Provisions
Sec. 951. Statutory construction on relation to existing laws.
Sec. 952. Prohibition on payments relating to UNIDO and other
international organizations from which the United States has
withdrawn or rescinded funding.
DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE
PROVISIONS
Sec. 1001. Short title.
TITLE XI--ARMS CONTROL AND NONPROLIFERATION
Sec. 1101. Short title.
Sec. 1102. Definitions.
Subtitle A--Arms Control
Chapter 1--Effective Verification of Compliance With Arms Control
Agreements
Sec. 1111. Key Verification Assets Fund.
Sec. 1112. Assistant Secretary of State for Verification and Compliance.
Sec. 1113. Enhanced annual (``Pell'') report.
Sec. 1114. Report on START and START II Treaties monitoring issues.
Sec. 1115. Standards for verification.
Sec. 1116. Contribution to the advancement of seismology.
Sec. 1117. Protection of United States companies.
Sec. 1118. Requirement for transmittal of summaries.
Chapter 2--Matters Relating to the Control of Biological Weapons
Sec. 1121. Short title.
Sec. 1122. Definitions.
Sec. 1123. Findings.
Sec. 1124. Trial investigations and trial visits.
Subtitle B--Nuclear Nonproliferation, Safety, and Related Matters
Sec. 1131. Congressional notification of nonproliferation activities.
Sec. 1132. Effective use of resources for nonproliferation programs.
Sec. 1133. Disposition of weapons-grade material.
Sec. 1134. Provision of certain information to Congress.
Sec. 1135. Amended nuclear export reporting requirement.
Sec. 1136. Adherence to the Missile Technology Control Regime.
Sec. 1137. Authority relating to MTCR adherents.
Sec. 1138. Transfer of funding for science and technology centers in the
former Soviet Union.
[[Page 113 STAT. 1501A-409]]
Sec. 1139. Research and exchange activities by science and technology
centers.
TITLE XII--SECURITY ASSISTANCE
Sec. 1201. Short title.
Subtitle A--Transfers of Excess Defense Articles
Sec. 1211. Excess defense articles for Central and Southern European
countries.
Sec. 1212. Excess defense articles for certain other countries.
Sec. 1213. Increase in annual limitation on transfer of excess defense
articles.
Subtitle B--Foreign Military Sales Authorities
Sec. 1221. Termination of foreign military training.
Sec. 1222. Sales of excess Coast Guard property.
Sec. 1223. Competitive pricing for sales of defense articles.
Sec. 1224. Notification of upgrades to direct commercial sales.
Sec. 1225. Unauthorized use of defense articles.
Subtitle C--Stockpiling of Defense Articles for Foreign Countries
Sec. 1231. Additions to United States war reserve stockpiles for allies.
Sec. 1232. Transfer of certain obsolete or surplus defense articles in
the war reserves stockpile for allies.
Subtitle D--Defense Offsets Disclosure
Sec. 1241. Short title.
Sec. 1242. Findings and declaration of policy.
Sec. 1243. Definitions.
Sec. 1244. Sense of Congress.
Sec. 1245. Reporting of offset agreements.
Sec. 1246. Expanded prohibition on incentive payments.
Sec. 1247. Establishment of review commission.
Sec. 1248. Multilateral strategy to address offsets.
Subtitle E--Automated Export System Relating to Export Information
Sec. 1251. Short title.
Sec. 1252. Mandatory use of the Automated Export System for filing
certain Shippers' Export Declarations.
Sec. 1253. Voluntary use of the Automated Export System.
Sec. 1254. Report to appropriate committees of Congress.
Sec. 1255. Acceleration of Department of State licensing procedures.
Sec. 1256. Definitions.
Subtitle F--International Arms Sales Code of Conduct Act of 1999
Sec. 1261. Short title.
Sec. 1262. International arms sales code of conduct.
Subtitle G--Transfer of Naval Vessels to Certain Foreign Countries
Sec. 1271. Authority to transfer naval vessels.
TITLE XIII--MISCELLANEOUS PROVISIONS
Sec. 1301. Publication of arms sales certifications.
Sec. 1302. Notification requirements for commercial export of items on
United States Munitions List.
Sec. 1303. Enforcement of Arms Export Control Act.
Sec. 1304. Violations relating to material support to terrorists.
Sec. 1305. Authority to consent to third party transfer of ex-U.S.S.
Bowman County to USS 1st Ship Memorial, Inc.
Sec. 1306. Annual military assistance report.
Sec. 1307. Annual foreign military training report.
Sec. 1308. Security assistance for the Philippines.
Sec. 1309. Effective regulation of satellite export activities.
Sec. 1310. Study on licensing process under the Arms Export Control Act.
Sec. 1311. Report concerning proliferation of small arms.
Sec. 1312. Conforming amendment.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--Except as
otherwise provided in section 902(1), the term ``appropriate
[[Page 113 STAT. 1501A-410]]
congressional committees'' means the Committee on International
Relations of the House of Representatives and the Committee on
Foreign Relations of the Senate.
(2) Secretary.--The term ``Secretary'' means the Secretary
of State.
DIVISION A--DEPARTMENT OF STATE PROVISIONS
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Subtitle A--Department of State
SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.
The following amounts are authorized to be appropriated for the
Department of State under ``Administration of Foreign Affairs'' to carry
out the authorities, functions, duties, and responsibilities in the
conduct of the foreign affairs of the United States and for other
purposes authorized by law, including public diplomacy activities and
the diplomatic security program:
(1) Diplomatic and consular programs.--
(A) Authorization of appropriations.--For
``Diplomatic and Consular Programs'' of the Department
of State, $2,837,772,000 for the fiscal year 2000 and
$3,263,438,000 for the fiscal year 2001.
(B) Limitations.--
(i) Worldwide security upgrades.--Of the
amounts authorized to be appropriated by
subparagraph (A), $254,000,000 for the fiscal year
2000 and $315,000,000 for the fiscal year 2001 is
authorized to be appropriated only for worldwide
security upgrades.
(ii) Bureau of democracy, human rights, and
labor.--Of the amounts authorized to be
appropriated by subparagraph (A), $12,000,000 for
the fiscal year 2000 and $12,000,000 for the
fiscal year 2001 is authorized to be appropriated
only for salaries and expenses of the Bureau of
Democracy, Human Rights, and Labor.
(iii) Recruitment of minority groups.--Of the
amounts authorized to be appropriated by
subparagraph (A), $2,000,000 for fiscal year 2000
and $2,000,000 for fiscal year 2001 is authorized
to be appropriated only for the recruitment of
members of minority groups for careers in the
Foreign Service and international affairs.
(2) Capital investment fund.--For ``Capital Investment
Fund'' of the Department of State, $90,000,000 for the fiscal
year 2000 and $150,000,000 for the fiscal year 2001.
(3) Embassy security, construction and maintenance.--For
``Embassy Security, Construction and Maintenance'', $434,066,000
for the fiscal year 2000 and $445,000,000 for the fiscal year
2001.
[[Page 113 STAT. 1501A-411]]
(4) Representation allowances.--For ``Representation
Allowances'', $5,850,000 for the fiscal year 2000 and $5,850,000
for the fiscal year 2001.
(5) Emergencies in the diplomatic and consular service.--For
``Emergencies in the Diplomatic and Consular Service'',
$17,000,000 for the fiscal year 2000 and $17,000,000 for the
fiscal year 2001.
(6) Office of the inspector general.--For ``Office of the
Inspector General'', $30,054,000 for the fiscal year 2000 and
$30,054,000 for the fiscal year 2001.
(7) Payment to the american institute in taiwan.--For
``Payment to the American Institute in Taiwan'', $15,760,000 for
the fiscal year 2000 and $15,918,000 for the fiscal year 2001.
(8) Protection of foreign missions and officials.--
(A) Amounts authorized to be appropriated.--For
``Protection of Foreign Missions and Officials'',
$9,490,000 for the fiscal year 2000 and $9,490,000 for
the fiscal year 2001.
(B) Availability of funds.--Each amount appropriated
pursuant to this paragraph is authorized to remain
available through September 30 of the fiscal year
following the fiscal year for which the amount was
appropriated.
(9) Repatriation loans.--For ``Repatriation Loans'',
$1,200,000 for the fiscal year 2000 and $1,200,000 for the
fiscal year 2001, for administrative expenses.
SEC. 102. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated under
``International Commissions'' for the Department of State to carry out
the authorities, functions, duties, and responsibilities in the conduct
of the foreign affairs of the United States and for other purposes
authorized by law:
(1) International boundary and water commission, united
states and mexico.--For ``International Boundary and Water
Commission, United States and Mexico''--
(A) for ``Salaries and Expenses'', $20,413,000 for
the fiscal year 2000 and $20,413,000 for the fiscal year
2001; and
(B) for ``Construction'', $8,435,000 for the fiscal
year 2000 and $8,435,000 for the fiscal year 2001.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United States
and Canada'', $859,000 for the fiscal year 2000 and $859,000 for
the fiscal year 2001.
(3) International joint commission.--For ``International
Joint Commission'', $3,819,000 for the fiscal year 2000 and
$3,819,000 for the fiscal year 2001.
(4) International fisheries commissions.--For
``International Fisheries Commissions'', $16,702,000 for the
fiscal year 2000 and $16,702,000 for the fiscal year 2001.
SEC. 103. MIGRATION AND REFUGEE ASSISTANCE.
(a) Migration and Refugee Assistance.--
(1) Authorization of appropriations.--There are authorized
to be appropriated for ``Migration and Refugee Assistance'' for
authorized activities, $750,000,000 for the fiscal year 2000 and
$750,000,000 for the fiscal year 2001.
[[Page 113 STAT. 1501A-412]]
(2) Limitations.--
(A) Tibetan refugees in india and nepal.--Of the
amounts authorized to be appropriated in paragraph (1),
$2,000,000 for the fiscal year 2000 and $2,000,000 for
the fiscal year 2001 is authorized to be available for
humanitarian assistance, including food, medicine,
clothing, and medical and vocational training, to
Tibetan refugees in India and Nepal who have fled
Chinese-occupied Tibet.
(B) Refugees resettling in israel.--Of the amounts
authorized to be appropriated in paragraph (1),
$60,000,000 for the fiscal year 2000 and $60,000,000 for
the fiscal year 2001 is authorized to be available only
for assistance for refugees resettling in Israel from
other countries.
(C) Humanitarian assistance for displaced burmese.--
Of the amounts authorized to be appropriated in
paragraph (1), $2,000,000 for the fiscal year 2000 and
$2,000,000 for the fiscal year 2001 are authorized to be
available for humanitarian assistance (including food,
medicine, clothing, and medical and vocational training)
to persons displaced as a result of civil conflict in
Burma, including persons still within Burma.
(D) Assistance for displaced sierra leoneans.--Of
the amounts authorized to be appropriated in paragraph
(1), $2,000,000 for the fiscal year 2000 and $2,000,000
for the fiscal year 2001 are authorized to be available
for humanitarian assistance (including food, medicine,
clothing, and medical and vocational training) and
resettlement of persons who have been severely mutilated
as a result of civil conflict in Sierra Leone, including
persons still within Sierra Leone.
(E) International rape counseling program.--Of the amounts
authorized to be appropriated in paragraph (1), $1,000,000 for
the fiscal year 2000 and $1,000,000 for the fiscal year 2001 are
authorized to be appropriated for a program of counseling for
female victims of rape and gender violence in times of conflict
and war.
(b) Availability of Funds.--Funds appropriated pursuant to this
section are authorized to remain available until expended.
SEC. 104. UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS.
(a) In General.--The following amounts are authorized to be
appropriated for the Department of State to carry out international
information activities and educational and cultural exchange programs
under the United States Information and Educational Exchange Act of
1948, the Mutual Educational and Cultural Exchange Act of 1961,
Reorganization Plan Number 2 of 1977, the Dante B. Fascell North-South
Center Act of 1991, and the National Endowment for Democracy Act, other
such programs including the Claude and Mildred Pepper Scholarship
Program of the Washington Workshops Foundation and the Mike Mansfield
Fellowship Program, and to carry out other authorities in law consistent
with such purposes:
(1) Educational and cultural exchange programs.--
(A) Fulbright academic exchange programs.--For the
``Fulbright Academic Exchange Programs'' (other than
programs described in subparagraph (B)), $112,000,000
for
[[Page 113 STAT. 1501A-413]]
the fiscal year 2000 and $120,000,000 for the fiscal
year 2001.
(B) Other educational and cultural exchange
programs.--
(i) In general.--For other educational and
cultural exchange programs authorized by law,
including the Claude and Mildred Pepper
Scholarship Program of the Washington Workshops
Foundation and Mike Mansfield Fellowship Program,
$98,329,000 for the fiscal year 2000 and
$105,000,000 for the fiscal year 2001.
(ii) South pacific exchanges.--Of the amounts
authorized to be appropriated under clause (i),
$750,000 for the fiscal year 2000 and $750,000 for
the fiscal year 2001 is authorized to be available
for ``South Pacific Exchanges''.
(iii) East timorese scholarships.--Of the
amounts authorized to be appropriated under clause
(i), $500,000 for the fiscal year 2000 and
$500,000 for the fiscal year 2001 is authorized to
be available for ``East Timorese Scholarships''.
(iv) Tibetan exchanges.--Of the amounts
authorized to be appropriated under clause (i),
$500,000 for the fiscal year 2000 and $500,000 for
the fiscal year 2001 is authorized to be available
for ``Ngawang Choephel Exchange Programs''
(formerly known as educational and cultural
exchanges with Tibet) under section 103(a) of the
Human Rights, Refugee, and Other Foreign Relations
Provisions Act of 1996 (Public Law 104-319).
(v) African exchanges.--Of the amounts
authorized to be appropriated under clause (i),
$500,000 for the fiscal year 2000 and $500,000 for
the fiscal year 2001 is authorized to be available
only for ``Educational and Cultural Exchanges with
Sub-Saharan Africa''.
(vi) Israel-arab peace partners program.--Of
the amounts authorized to be appropriated under
clause (i), $750,000 for the fiscal year 2000 and
$750,000 for the fiscal year 2001 is authorized to
be available only for people-to-people activities
(with a focus on young people) to support the
Middle East peace process involving participants
from Israel, the Palestinian Authority, Arab
countries, and the United States, to be known as
the ``Israel-Arab Peace Partners Program''. Not
later than 90 days after the date of the enactment
of this Act, the Secretary of State shall submit a
plan to the appropriate congressional committees
for implementation of such program. The Secretary
shall not implement the plan until 45 days after
its submission to the appropriate congressional
committees.
(2) National endowment for democracy.--
(A) Authorization of appropriations.--For the
``National Endowment for Democracy'', $32,000,000 for
the fiscal year 2000 and $32,000,000 for the fiscal year
2001.
(B) Reagan-fascell democracy fellows.--Of the amount
authorized to be appropriated by subparagraph
[[Page 113 STAT. 1501A-414]]
(A), $1,000,000 for fiscal year 2000 and $1,000,000 for
the fiscal year 2001 is authorized to be appropriated
only for a fellowship program, to be known as the
``Reagan-Fascell Democracy Fellows'', for democracy
activists and scholars from around the world at the
International Forum for Democratic Studies in
Washington, D.C., to study, write, and exchange views
with other activists and scholars and with Americans.
(3) Dante b. fascell north-south center.--For ``Dante B.
Fascell North-South Center'' $2,500,000 for the fiscal year 2000
and $2,500,000 for the fiscal year 2001.
(4) Center for cultural and technical interchange between
east and west.--For the ``Center for Cultural and Technical
Interchange between East and West'', $12,500,000 for the fiscal
year 2000 and $12,500,000 for the fiscal year 2001.
(b) Muskie Fellowships.--
(1) Exchanges with russia.--Of the amounts authorized to be
appropriated by this or any other Act for the fiscal years 2000
and 2001 for exchange programs with the Russian Federation,
$5,000,000 for fiscal year 2000 and $5,000,000 for fiscal year
2001 shall be available only to carry out the Edmund S. Muskie
Program under section 227 of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 22 U.S.C.
2452 note).
(2) Doctoral graduate studies for nationals of the
independent states of the former soviet union.--Of the amounts
authorized to be appropriated by this or any other Act for the
fiscal years 2000 and 2001 for exchange programs, $1,500,000 for
fiscal year 2000 and $1,500,000 for fiscal year 2001 shall be
available only to provide scholarships for doctoral graduate
study in economics to nationals of the independent states of the
former Soviet Union under the Edmund S. Muskie Fellowship
Program authorized by section 227 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-
138; 22 U.S.C. 2452 note).
(c) Vietnam Fulbright Academic Exchange Program.--Of the amounts
authorized to be appropriated by subsection (a)(1)(A), $4,000,000 for
the fiscal year 2000 and $4,000,000 for the fiscal year 2001 shall be
available only to carry out the Vietnam scholarship program established
by section 229 of the Foreign Relations Authorization Act, Fiscal Years
1992 and 1993 (Public Law 102-138; 22 U.S.C. 2452 note).
SEC. 105. GRANTS TO THE ASIA FOUNDATION.
Section 404 of The Asia Foundation Act (title IV of Public Law 98-
164; 22 U.S.C. 4403) is amended to read as follows:
``Sec. 404. There are authorized to be appropriated to the Secretary
of State $15,000,000 for each of the fiscal years 2000 and 2001 for
grants to The Asia Foundation pursuant to this title.''.
SEC. 106. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
(a) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
under the heading ``Contributions to International
Organizations'' $940,000,000 for the fiscal year 2000 and such
sums as may be necessary for the fiscal year 2001 for the
Department
[[Page 113 STAT. 1501A-415]]
of State to carry out the authorities, functions, duties, and
responsibilities in the conduct of the foreign affairs of the
United States with respect to international organizations and to
carry out other authorities in law consistent with such
purposes.
(2) Availability of funds for civil budget of nato.--Of the
amounts authorized in paragraph (1), $48,977,000 are authorized
in fiscal year 2000 and such sums as may be necessary in fiscal
year 2001 for the United States assessment for the civil budget
of the North Atlantic Treaty Organization.
(b) No Growth Budget.--Of the funds made available under subsection
(a), $80,000,000 may be made available during each calendar year only
after the Secretary of State certifies that the United Nations has taken
no action during the preceding calendar year to increase funding for any
United Nations program without identifying an offsetting decrease during
that calendar year elsewhere in the United Nations budget of
$2,533,000,000, and cause the United Nations to exceed the initial 1998-
99 United Nations biennium budget adopted in December 1997.
(c) Inspector General of the United Nations.--
(1) Withholding of funds.--Twenty percent of the funds made
available in each fiscal year under subsection (a) for the
assessed contribution of the United States to the United Nations
shall be withheld from obligation and expenditure until a
certification is made under paragraph (2).
(2) Certification.--A certification under this paragraph is
a certification by the Secretary of State in the fiscal year
concerned that the following conditions are satisfied:
(A) Action by the united nations.--The United
Nations--
(i) has met the requirements of paragraphs (1)
through (6) of section 401(b) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and
1995 (22 U.S.C. 287e note), as amended by
paragraph (3);
(ii) has established procedures that require
the Under Secretary General of the Office of
Internal Oversight Services to report directly to
the Secretary General on the adequacy of the
Office's resources to enable the Office to fulfill
its mandate; and
(iii) has made available an adequate amount of
funds to the Office for carrying out its
functions.
(B) Authority by oios.--The Office of Internal
Oversight Services has authority to audit, inspect, or
investigate each program, project, or activity funded by
the United Nations, and each executive board created
under the United Nations has been notified of that
authority.
(3) Amendment of the foreign relations authorization act,
fiscal years 1994 and 1995.--Section 401(b) of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 is
amended--
(A) by amending paragraph (6) to read as follows:
``(6) the United Nations has procedures in place to ensure
that all reports submitted by the Office of Internal Oversight
Services are made available to the member states of the United
Nations without modification except to the extent necessary to
protect the privacy rights of individuals.''; and
[[Page 113 STAT. 1501A-416]]
(B) by striking ``Inspector General'' each place it
appears and inserting ``Office of Internal Oversight
Services''.
(d) Prohibition on Certain Global Conferences.--None of the funds
made available under subsection (a) shall be available for any United
States contribution to pay for any expense related to the holding of any
United Nations global conference, except for any conference scheduled
prior to October 1, 1998.
(e) Prohibition on Funding Other Framework Treaty-Based
Organizations.--None of the funds made available for the 1998-1999
biennium budget under subsection (a) for United States contributions to
the regular budget of the United Nations shall be available for the
United States proportionate share of any other framework treaty-based
organization, including the Framework Convention on Global Climate
Change, the International Seabed Authority, the Desertification
Convention, and the International Criminal Court.
(f) Foreign Currency Exchange Rates.--
(1) Authorization of appropriations.--In addition to amounts
authorized to be appropriated by subsection (a), there are
authorized to be appropriated such sums as may be necessary for
each of fiscal years 2000 and 2001 to offset adverse
fluctuations in foreign currency exchange rates.
(2) Availability of funds.--Amounts appropriated under this
subsection shall be available for obligation and expenditure
only to the extent that the Director of the Office of Management
and Budget determines and certifies to Congress that such
amounts are necessary due to such fluctuations.
(g) Refund of Excess Contributions.--The United States shall
continue to insist that the United Nations and its specialized and
affiliated agencies shall credit or refund to each member of the agency
concerned its proportionate share of the amount by which the total
contributions to the agency exceed the expenditures of the regular
assessed budgets of these agencies.
SEC. 107. CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES.
There are authorized to be appropriated under the heading
``Contributions for International Peacekeeping Activities'' $500,000,000
for the fiscal year 2000 and such sums as may be necessary for the
fiscal year 2001 for the Department of State to carry out the
authorities, functions, duties, and responsibilities in the conduct of
the foreign affairs of the United States with respect to international
peacekeeping activities and to carry out other authorities in law
consistent with such purposes.
SEC. 108. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated for ``Voluntary Contributions to International
Organizations'', $293,000,000 for the fiscal year 2000 and such sums as
may be necessary for the fiscal year 2001.
(b) Limitations on Authorizations of Appropriations.--
(1) World food program.--Of the amounts authorized to be
appropriated under subsection (a), $5,000,000 for the fiscal
year 2000 and $5,000,000 for the fiscal year 2001 is authorized
to be appropriated only for a United States contribution to the
World Food Program.
[[Page 113 STAT. 1501A-417]]
(2) United nations voluntary fund for victims of torture.--
Of the amounts authorized to be appropriated under subsection
(a), $5,000,000 for the fiscal year 2000 and $5,000,000 for the
fiscal year 2001 is authorized to be appropriated only for a
United States contribution to the United Nations Voluntary Fund
for Victims of Torture.
(3) Organization of american states.--Of the amounts
authorized to be appropriated under subsection (a), $240,000 for
the fiscal year 2000 and $240,000 for the fiscal year 2001 is
authorized to be appropriated only for a United States
contribution to the Organization of American States for the
Office of the Special Rapporteur for Freedom of Expression in
the Western Hemisphere to conduct investigations, including
field visits, to establish a network of nongovernmental
organizations, and to hold hemispheric conferences, of which
$6,000 for each fiscal year is authorized to be appropriated
only for the investigation and dissemination of information on
violations of freedom of expression by the Government of Cuba,
$6,000 for each fiscal year is authorized to be appropriated
only for the investigation and dissemination of information on
violations of freedom of expression by the Government of Peru,
and $6,000 for each fiscal year is authorized to be appropriated
only for the investigation and dissemination of information on
violations of freedom of expression by the Government of
Colombia.
(4) UNICEF.--Of the amounts authorized to be appropriated
under subsection (a), $110,000,000 for the fiscal year 2000 is
authorized to be appropriated only for a United States
contribution to UNICEF.
(c) Restrictions on United States Voluntary Contributions to United
Nations Development Program.--
(1) Limitation.--Of the amounts made available under
subsection (a) for each of the fiscal years 2000 and 2001 for
United States voluntary contributions to the United Nations
Development Program an amount equal to the amount the United
Nations Development Program will spend in Burma during each
fiscal year shall be withheld unless during such fiscal year the
Secretary of State submits to the appropriate congressional
committees the certification described in paragraph (2).
(2) Certification.--The certification referred to in
paragraph (1) is a certification by the Secretary of State that
all programs and activities of the United Nations Development
Program (including United Nations Development Program--
Administered Funds) in Burma--
(A) are focused on eliminating human suffering and
addressing the needs of the poor;
(B) are undertaken only through international or
private voluntary organizations that have been deemed
independent of the State Peace and Development Council
(SPDC) (formerly known as the State Law and Order
Restoration Council (SLORC)), after consultation with
the leadership of the National League for Democracy and
the leadership of the National Coalition Government of
the Union of Burma;
(C) provide no financial, political, or military
benefit to the SPDC; and
[[Page 113 STAT. 1501A-418]]
(D) are carried out only after consultation with the
leadership of the National League for Democracy and the
leadership of the National Coalition Government of the
Union of Burma.
(d) Contributions to the United Nations Fund for Population
Activities.--
(1) Limitations on amount of contribution.--Of the amounts
made available under subsection (a), not more than $25,000,000
for fiscal year 2000 and $25,000,000 for fiscal year 2001 shall
be available for the United Nations Fund for Population
Activities (hereinafter in this subsection referred to as the
``UNFPA'').
(2) Prohibition on use of funds in china.--None of the funds
made available under subsection (a) may be made available for
the UNFPA for a country program in the People's Republic of
China.
(3) Conditions on availability of funds.--Amounts made
available under subsection (a) for each of the fiscal years 2000
and 2001 for the UNFPA may not be made available to the UNFPA
unless--
(A) the UNFPA maintains amounts made available to
the UNFPA under this section in an account separate from
other accounts of the UNFPA;
(B) the UNFPA does not commingle amounts made
available to the UNFPA under this section with other
sums; and
(C) the UNFPA does not fund abortions.
(4) Report to congress and withholding of funds.--
(A) Not later than February 15, of each of the years
2000 and 2001, the Secretary of State shall submit a
report to the appropriate congressional committees
indicating the amount of funds that the United Nations
Fund for Population Activities is budgeting for the year
in which the report is submitted for a country program
in the People's Republic of China.
(B) If a report under subparagraph (A) indicates
that the United Nations Population Fund plans to spend
funds for a country program in the People's Republic of
China in the year covered by the report, then the amount
of such funds that the UNFPA plans to spend in the
People's Republic of China shall be deducted from the
funds made available to the UNFPA after March 1 for
obligation for the remainder of the fiscal year in which
the report is submitted.
(e) Availability of Funds.--Amounts authorized to be appropriated
under subsection (a) are authorized to remain available until expended.
Subtitle B--United States International Broadcasting Activities
SEC. 121. AUTHORIZATIONS OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated to carry out the United States International Broadcasting
Act of 1994, the Radio Broadcasting to Cuba Act, and
[[Page 113 STAT. 1501A-419]]
the Television Broadcasting to Cuba Act, and to carry out other
authorities in law consistent with such purposes:
(1) International broadcasting activities.--For
``International Broadcasting Activities'', $385,900,000 for the
fiscal year 2000, and $393,618,000 for the fiscal year 2001.
(2) Broadcasting capital improvements.--For ``Broadcasting
Capital Improvements'', $20,868,000 for the fiscal year 2000,
and $20,868,000 for the fiscal year 2001.
(3) Broadcasting to cuba.--For ``Broadcasting to Cuba'',
$22,743,000 for the fiscal year 2000 and $22,743,000 for the
fiscal year 2001.
(4) Radio free asia.--For ``Radio Free Asia'', $24,000,000
for the fiscal year 2000, and $30,000,000 for the fiscal year
2001.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--Basic Authorities and Activities
SEC. 201. OFFICE OF CHILDREN'S ISSUES.
(a) Director Requirements.--The Secretary of State shall fill the
position of Director of the Office of Children's Issues of the
Department of State (in this section referred to as the ``Office'') with
an individual of senior rank who can ensure long-term continuity in the
management and policy matters of the Office and has a strong background
in consular affairs.
(b) Case Officer Staffing.--Effective April 1, 2000, there shall be
assigned to the Office of Children's Issues of the Department of State a
sufficient number of case officers to ensure that the average caseload
for each officer does not exceed 75.
(c) Embassy Contact.--The Secretary of State shall designate in each
United States diplomatic mission an employee who shall serve as the
point of contact for matters relating to international abductions of
children by parents. The Director of the Office shall regularly inform
the designated employee of children of United States citizens abducted
by parents to that country.
(d) Reports to Parents.--
(1) In general.--Except as provided in paragraph (2),
beginning 6 months after the date of enactment of this Act, and
at least once every 6 months thereafter, the Secretary of State
shall report to each parent who has requested assistance
regarding an abducted child overseas. Each such report shall
include information on the current status of the abducted
child's case and the efforts by the Department of State to
resolve the case.
(2) Exception.--The requirement in paragraph (1) shall not
apply in a case of an abducted child if--
(A) the case has been closed and the Secretary of
State has reported the reason the case was closed to the
parent who requested assistance; or
(B) the parent seeking assistance requests that such
reports not be provided.
[[Page 113 STAT. 1501A-420]]
SEC. 202. STRENGTHENING IMPLEMENTATION OF THE HAGUE CONVENTION ON THE
CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION.
Section 2803(a) of the Foreign Affairs Reform and Restructuring Act
of 1998 (as contained in division G of Public Law 105-277) is amended--
(1) in the first sentence, by striking ``1999,'' and
inserting ``2001,'';
(2) in paragraph (1), by striking ``United States citizens''
and inserting ``applicants in the United States'';
(3) in paragraph (2), by striking ``abducted.'' and
inserting ``abducted, are being wrongfully retained in violation
of United States court orders, or which have failed to comply
with any of their obligations under such convention with respect
to applications for the return of children, access to children,
or both, submitted by applicants in the United States.'';
(4) in paragraph (3)--
(A) by striking ``children'' and inserting
``children, access to children, or both,''; and
(B) by striking ``United States citizens'' and
inserting ``applicants in the United States'';
(5) in paragraph (4), by inserting before the period at the
end the following: ``, including the specific actions taken by
the United States chief of mission in the country to which the
child is alleged to have been abducted''; and
(6) by inserting after paragraph (5) the following new
paragraphs:
``(6) A list of the countries that are parties to the
Convention in which, during the reporting period, parents who
have been left-behind in the United States have not been able to
secure prompt enforcement of a final return or access order
under a Hague proceeding, of a United States custody, access, or
visitation order, or of an access or visitation order by
authorities in the country concerned, due to the absence of a
prompt and effective method for enforcement of civil court
orders, the absence of a doctrine of comity, or other factors.
``(7) A description of the efforts of the Secretary of State
to encourage the parties to the Convention to facilitate the
work of nongovernmental organizations within their countries
that assist parents seeking the return of children under the
Convention.''.
SEC. 203. REPORT CONCERNING ATTACK IN CAMBODIA.
Not later than 30 days after the date of the enactment of this Act,
and one year thereafter unless the investigation referred to in this
section is completed, the Secretary of State, in consultation with the
Attorney General, shall submit a report to the appropriate congressional
committees, in classified and unclassified form, containing the most
current information on the investigation into the March 30, 1997,
grenade attack in Cambodia.
SEC. 204. INTERNATIONAL EXPOSITIONS.
(a) Limitation.--Except as provided in subsection (b) and
notwithstanding any other provision of law, the Department of State may
not obligate or expend any funds appropriated to the Department of State
for a United States pavilion or other major exhibit at any international
exposition or world's fair registered by the
[[Page 113 STAT. 1501A-421]]
Bureau of International Expositions in excess of amounts expressly
authorized and appropriated for such purpose.
(b) Exceptions.--
(1) In general.--The Department of State is authorized to
utilize its personnel and resources to carry out the
responsibilities of the Department for the following:
(A) Administrative services, including legal and
other advice and contract administration, under section
102(a)(3) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2452(a)(3)) related to
United States participation in international fairs and
expositions abroad. Such administrative services may not
include capital expenses, operating expenses, or travel
or related expenses (other than such expenses as are
associated with the provision of administrative services
by employees of the Department of State).
(B) Activities under section 105(f) of such Act with
respect to encouraging foreign governments,
international organizations, and private individuals,
firms, associations, agencies and other groups to
participate in international fairs and expositions and
to make contributions to be utilized for United States
participation in international fairs and expositions.
(C) Encouraging private support of United States
pavilions and exhibits at international fairs and
expositions.
(2) Statutory construction.--Nothing in this subsection
authorizes the use of funds appropriated to the Department of
State to make payments for--
(A) contracts, grants, or other agreements with any
other party to carry out the activities described in
this subsection; or
(B) the satisfaction of any legal claim or judgment
or the costs of litigation brought against the
Department of State arising from activities described in
this subsection.
(c) Notification.--No funds made available to the Department of
State by any Federal agency to be used for a United States pavilion or
other major exhibit at any international exposition or world's fair
registered by the Bureau of International Expositions may be obligated
or expended unless the appropriate congressional committees are notified
not less than 15 days prior to such obligation or expenditure.
(d) Reports.--The Commissioner General of a United States pavilion
or other major exhibit at any international exposition or world's fair
registered by the Bureau of International Expositions shall submit to
the Secretary of State and the appropriate congressional committees a
report concerning activities relating to such pavilion or exhibit every
180 days while serving as Commissioner General and shall submit a final
report summarizing all such activities not later than 1 year after the
closure of the pavilion or exhibit.
(e) Repeal.--Section 230 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (22 U.S.C. 2452 note) is repealed.
[[Page 113 STAT. 1501A-422]]
SEC. 205. RESPONSIBILITY OF THE AID INSPECTOR GENERAL FOR THE INTER-
AMERICAN FOUNDATION AND THE AFRICAN DEVELOPMENT FOUNDATION.
(a) Responsibilities.--Section 8A(a) of the Inspector General Act of
1978 (5 U.S.C. App.) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) shall supervise, direct, and control audit and
investigative activities relating to programs and operations
within the Inter-American Foundation and the African Development
Foundation.''.
(b) Conforming Amendment.--Section 8A(f) of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended by inserting before the period at
the end the following: ``, an employee of the Inter-American Foundation,
and an employee of the African Development Foundation''.
SEC. 206. REPORT ON CUBAN DRUG TRAFFICKING.
(a) In General.--Not later than 120 days after the date of enactment
of this Act, the Secretary of State shall submit to the appropriate
congressional committees an unclassified report (with a classified
annex) on the extent of international drug trafficking through Cuba
since 1990. The report shall include the following:
(1) Information concerning the extent to which the Cuban
Government or any official, employee, or entity of the
Government of Cuba has engaged in, facilitated, or condoned such
trafficking.
(2) The extent to which agencies of the United States
Government have investigated or prosecuted such activities.
(b) Limitation.--The report need not include information about
isolated instances of conduct by low-level employees, except to the
extent that such information may suggest improper conduct by more senior
officials.
SEC. 207. REVISION OF REPORTING REQUIREMENT.
Section 3 of Public Law 102-1 is amended by striking ``60 days'' and
inserting ``90 days''.
SEC. 208. FOREIGN LANGUAGE PROFICIENCY.
(a) Report on Language Proficiency.--Section 702 of the Foreign
Service Act of 1980 (22 U.S.C. 4022) is amended by adding at the end the
following new subsection:
``(c) Not later than March 31 of each year, the Director General of
the Foreign Service shall submit a report to the Committee on Foreign
Relations of the Senate and the Committee on International Relations of
the House of Representatives summarizing the number of positions in each
overseas mission requiring foreign language competence that--
``(1) became vacant during the previous calendar year; and
``(2) were filled by individuals having the required foreign
language competence.''.
(b) Repeal.--Section 304(c) of the Foreign Service Act of 1980 (22
U.S.C. 3944(c)) is repealed.
[[Page 113 STAT. 1501A-423]]
SEC. 209. CONTINUATION OF REPORTING REQUIREMENTS.
(a) Reports on Claims by United States Firms Against the Government
of Saudi Arabia.--Section 2801(b)(1) of the Foreign Affairs Reform and
Restructuring Act of 1998 (as enacted by division G of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999; Public
Law 105-277) is amended by striking ``third'' and inserting ``seventh''.
(b) Reports on Determinations Under Title IV of the Libertad Act.--
Section 2802(a) of the Foreign Affairs Reform and Restructuring Act of
1998 (as enacted by division G of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999; Public Law 105-277) is amended by
striking ``September 30, 1999,'' and inserting ``September 30, 2001,''.
(c) Relations With Vietnam.--Section 2805 of the Foreign Affairs
Reform and Restructuring Act of 1998 (as enacted by division G of the
Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999; Public Law 105-277) is amended by striking ``September 30, 1999,''
and inserting ``September 30, 2001,''.
(d) Reports on Ballistic Missile Cooperation With Russia.--Section
2705(d) of the Foreign Affairs Reform and Restructuring Act of 1998 (as
enacted by division G of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999; Public Law 105-277) is amended by
striking ``and January 1, 2000,'' and inserting ``January 1, 2000, and
January 1, 2001,''.
(e) Continuation of Reports Terminated by the Federal Reports
Elimination and Sunset Act of 1995.--Section 3003(a)(1) of the Federal
Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 31 U.S.C.
1113 note) does not apply to any report required to be submitted under
any of the following provisions of law:
(1) Section 1205 of the International Security and
Development Cooperation Act of 1985 (Public Law 99-83; 22 U.S.C.
2346 note) (relating to annual reports on economic conditions in
Egypt, Israel, Turkey, and Portugal).
(2) Section 1307(f)(1)(A) of the International Financial
Institutions Act (Public Law 95-118) (relating to an assessment
of the environmental impact of proposed multilateral development
bank actions).
(3) Section 118(f) of the Foreign Assistance Act of 1961
(Public Law 87-195; 22 U.S.C. 2151p-1) (relating to the
protection of tropical forests).
(4) Section 586J(c)(4) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1991 (Public
Law 101-513) (relating to sanctions taken by other nations
against Iraq).
(5) Section 3 of the Authorization for Use of Military Force
Against Iraq Resolution (Public Law 102-1; 105 Stat. 3)
(relating to the status of efforts to obtain Iraqi compliance
with United Nations Security Council resolutions).
(6) Section 124 of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (Public Law 100-204; 22 U.S.C. 2680
note) (relating to expenditures for emergencies in the
diplomatic and consular service).
(7) Section 620C(c) of the Foreign Assistance Act of 1961
(Public Law 87-195; 22 U.S.C. 2373(c)) (relating to progress
made toward the conclusion of a negotiated solution to the
Cyprus problem).
[[Page 113 STAT. 1501A-424]]
(8) Section 533(b) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 19991
(Public Law 101-513) (relating to international natural resource
management initiatives).
(9) Section 3602 of the Omnibus Trade and Competitiveness
Act of 1988 (Public Law 100-418; 22 U.S.C. 5352) (relating to
foreign treatment of United States financial institutions).
(10) Section 1702 of the International Financial
Institutions Act (Public Law 95-118; 22 U.S.C. 262r-1) (relating
to operating summaries of the multilateral development banks).
(11) Section 1303(c) of the International Financial
Institutions Act (Public Law 95-118; 22 U.S.C. 262m-2(c))
(relating to international environmental assistance programs).
(12) Section 1701(a) of the International Financial
Institutions Act (Public Law 95-118; 22 U.S.C. 262r) (relating
to United States participation in international financial
institutions).
(13) Section 163(a) of the Trade Act of 1974 (Public Law 93-
618; 19 U.S.C. 2213) (relating to the trade agreements program
and national trade policy agenda).
(14) Section 8 of the Export-Import Bank Act (Public Law 79-
173; 12 U.S.C. 635g) (relating to Export-Import Bank
activities).
(15) Section 407(f) of the Agricultural Trade Development
and Assistance Act of 1954 (Public Law 83-480; 7 U.S.C. 1736a)
(relating to Public Law 480 programs and activities).
(16) Section 239(c) of the Foreign Assistance Act of 1961
(Public Law 87-195; 22 U.S.C. 2199(c)) (relating to OPIC audit
report).
(17) Section 504(i) of the National Endowment for Democracy
Act (Public Law 98-164; 22 U.S.C. 4413(i)) (relating to the
activities of the National Endowment for Democracy).
(18) Section 5(b) of the Japan-United States Friendship Act
(Public Law 94-118; 22 U.S.C. 2904(b)) (relating to Japan-United
States Friendship Commission activities).
SEC. 210. JOINT FUNDS UNDER AGREEMENTS FOR COOPERATION IN ENVIRONMENTAL,
SCIENTIFIC, CULTURAL AND RELATED AREAS.
Amounts made available to the Department of State for participation
in joint funds under agreements for cooperation in environmental,
scientific, cultural and related areas prior to fiscal year 1996 which,
pursuant to express terms of such international agreements, were
deposited in interest-bearing accounts prior to disbursement may earn
interest, and interest accrued to such accounts may be used and retained
without return to the Treasury of the United States and without further
appropriation by Congress. The Department of State shall take action to
ensure the complete and timely disbursement of appropriations and
associated interest within joint funds covered by this section and final
disposition of such agreements.
SEC. 211. REPORT ON INTERNATIONAL EXTRADITION.
(a) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State shall review extradition
treaties and other agreements containing extradition obligations to
which the United States is a party (only with regard to those treaties
where the United States has diplomatic relations
[[Page 113 STAT. 1501A-425]]
with the treaty partner) and submit a report to the appropriate
congressional committees regarding United States extradition policy and
practice.
(b) Contents of Report.--The report under subsection (a) shall--
(1) discuss the factors that contribute to failure of
foreign nations to comply fully with their obligations under
bilateral extradition treaties with the United States;
(2) discuss the factors that contribute to nations becoming
``safe havens'' for individuals fleeing the United States
justice system;
(3) identify those bilateral extradition treaties to which
the United States is a party which do not require the
extradition of nationals, and the reason such treaties contain
such a provision;
(4) discuss appropriate legislative and diplomatic solutions
to existing gaps in United States extradition treaties and
practice; and
(5) discuss current priorities of the United States for
negotiation of new extradition treaties and renegotiation of
existing treaties, including resource factors relevant to such
negotiations.
Subtitle B--Consular Authorities
SEC. 231. MACHINE READABLE VISAS.
Section 140(a) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (8 U.S.C. 1351 note) is amended--
(1) in paragraph (3) by amending the first sentence to read
as follows: ``For each of the fiscal years 2000, 2001, and 2002,
any amount collected under paragraph (1) that exceeds
$316,715,000 for fiscal year 2000, $316,715,000 for fiscal year
2001, and $316,715,000 for fiscal year 2002 may be made
available only if a notification is submitted to Congress in
accordance with the procedures applicable to reprogramming
notifications under section 34 of the State Department Basic
Authorities Act of 1956.''; and
(2) by striking paragraphs (4) and (5).
SEC. 232. FEES RELATING TO AFFIDAVITS OF SUPPORT.
(a) Authority To Charge Fee.--The Secretary of State may charge and
retain a fee or surcharge for services provided by the Department of
State to any sponsor who provides an affidavit of support under section
213A of the Immigration and Nationality Act (8 U.S.C. 1183a) to ensure
that such affidavit is properly completed before it is forwarded to a
consular post for adjudication by a consular officer in connection with
the adjudication of an immigrant visa. Such fee or surcharge shall be in
addition to and separate from any fee imposed for immigrant visa
application processing and issuance, and shall recover only the costs of
such services not recovered by such fee.
(b) Limitation.--Any fee established under subsection (a) shall be
charged only once to a sponsor or joint sponsors who file essentially
duplicative affidavits of support in connection with separate immigrant
visa applications from the spouse and children of any
[[Page 113 STAT. 1501A-426]]
petitioner required by the Immigration and Nationality Act to petition
separately for such persons.
(c) Treatment of Fees.--Fees collected under the authority of
subsection (a) shall be deposited as an offsetting collection to any
Department of State appropriation to recover the cost of providing
consular services.
(d) Compliance With Budget Act.--Fees collected under the authority
of subsection (a) shall be available only to such extent or in such
amounts as are provided in advance in an appropriation Act.
SEC. 233. PASSPORT FEES.
(a) Applications.--Section 1 of the Passport Act of June 4, 1920 (22
U.S.C. 214), is amended--
(1) in the first sentence--
(A) by striking ``each passport issued'' and
inserting ``the filing of each application for a
passport (including the cost of passport issuance and
use)''; and
(B) by striking ``each application for a passport;''
and inserting ``each such application''; and
(2) by adding after the first sentence the following new
sentence: ``Such fees shall not be refundable, except as the
Secretary may by regulation prescribe.''.
(b) Repeal of Outdated Provision on Passport Fees.--Section 4 of the
Passport Act of June 4, 1920 (22 U.S.C. 216) is repealed.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of issuance of final regulations under section 1 of
the Passport Act of June 4, 1920, as amended by subsection (a).
SEC. 234. DEATHS AND ESTATES OF UNITED STATES CITIZENS ABROAD.
(a) Repeal.--Section 1709 of the Revised Statutes (22 U.S.C. 4195)
is repealed.
(b) Amendment to State Department Basic Authorities Act.--The State
Department Basic Authorities Act of 1956 is amended by inserting after
section 43 (22 U.S.C. 2715) the following new sections:
``SEC. 43A. NOTIFICATION OF NEXT OF KIN; REPORTS OF DEATH.
``(a) In General.--Whenever a United States citizen or national dies
abroad, a consular officer shall endeavor to notify, or assist the
Secretary of State in notifying, the next of kin or legal guardian as
soon as possible, except that, in the case of death of any Peace Corps
volunteer (within the meaning of section 5(a) of the Peace Corps Act (22
U.S.C. 2504(a)), any member of the Armed Forces, any dependent of such a
volunteer or member, or any Department of Defense employee, the consular
officer shall assist the Peace Corps or the appropriate military
authorities, as the case may be, in making such notifications.
``(b) Reports of Death or Presumptive Death.--The consular officer
may, for any United States citizen who dies abroad--
``(1) in the case of a finding of death by the appropriate
local authorities, issue a report of death or of presumptive
death; or
``(2) in the absence of a finding of death by the
appropriate local authorities, issue a report of presumptive
death.
[[Page 113 STAT. 1501A-427]]
``(c) Implementing Regulations.--The Secretary of State shall
prescribe such regulations as may be necessary to carry out this
section.
``SEC. 43B. CONSERVATION AND DISPOSITION OF ESTATES.
``(a) Conservation of Estates Abroad.--
``(1) Authority to act as conservator.--Whenever a United
States citizen or national dies abroad, a consular officer shall
act as the provisional conservator of the portion of the
decedent's estate located abroad and, subject to paragraphs (3),
(4), and (5), shall--
``(A) take possession of the personal effects of the
decedent within his jurisdiction;
``(B) inventory and appraise the personal effects of
the decedent, sign the inventory, and annex thereto a
certificate as to the accuracy of the inventory and
appraised value of each article;
``(C) when appropriate in the exercise of prudent
administration, collect the debts due to the decedent in
the officer's jurisdiction and pay from the estate the
obligations owed by the decedent;
``(D) sell or dispose of, as appropriate, in the
exercise of prudent administration, all perishable items
of property;
``(E) sell, after reasonable public notice and
notice to such next of kin as can be ascertained with
reasonable diligence, such additional items of property
as necessary to provide funds sufficient to pay the
decedent's debts and property taxes in the country of
death, funeral expenses, and other expenses incident to
the disposition of the estate;
``(F) upon the expiration of the one-year period
beginning on the date of death (or after such additional
period as may be required for final settlement of the
estate), if no claimant shall have appeared, after
reasonable public notice and notice to such next of kin
as can be ascertained with reasonable diligence, sell or
dispose of the residue of the personal estate, except as
provided in subparagraph (G), in the same manner as
United States Government-owned foreign excess property;
``(G) transmit to the custody of the Secretary of
State in Washington, D.C. the proceeds of any sales,
together with all financial instruments (including
bonds, shares of stock, and notes of indebtedness),
jewelry, heirlooms, and other articles of obvious
sentimental value, to be held in trust for the legal
claimant; and
``(H) in the event that the decedent's estate
includes an interest in real property located within the
jurisdiction of the officer and such interest does not
devolve by the applicable laws of intestate succession
or otherwise, provide for title to the property to be
conveyed to the Government of the United States unless
the Secretary declines to accept such conveyance.
``(2) Authority to act as administrator.--Subject to
paragraphs (3) and (4), a consular officer may act as
administrator of an estate in exceptional circumstances if
expressly authorized to do so by the Secretary of State.
[[Page 113 STAT. 1501A-428]]
``(3) Exceptions.--The responsibilities described in
paragraphs (1) and (2) may not be performed to the extent that
the decedent has left or there is otherwise appointed, in the
country where the death occurred or where the decedent was
domiciled, a legal representative, partner in trade, or trustee
appointed to take care of his personal estate. If the decedent's
legal representative shall appear at any time prior to
transmission of the estate to the Secretary and demand the
proceeds and effects being held by the consular officer, the
officer shall deliver them to the representative after having
collected any prescribed fee for the services performed under
this section.
``(4) Additional requirement.--In addition to being subject
to the limitations in paragraph (3), the responsibilities
described in paragraphs (1) and (2) may not be performed
unless--
``(A) authorized by treaty provisions or permitted
by the laws or authorities of the country wherein the
death occurs, or the decedent is domiciled; or
``(B) permitted by established usage in that
country.
``(5) Statutory construction.--Nothing in this section
supersedes or otherwise affects the authority of any military
commander under title 10 of the United States Code with respect
to the person or property of any decedent who died while under a
military command or jurisdiction or the authority of the Peace
Corps with respect to a Peace Corps volunteer or the volunteer's
property.
``(b) Disposition of Estates by the Secretary of State.--
``(1) Personal estates.--
``(A) In general.--After receipt of a personal
estate pursuant to subsection (a), the Secretary may
seek payment of all outstanding debts to the estate as
they become due, may receive any balances due on such
estate, may endorse all checks, bills of exchange,
promissory notes, and other instruments of indebtedness
payable to the estate for the benefit thereof, and may
take such other action as is reasonably necessary for
the conservation of the estate.
``(B) Disposition as surplus united states
property.--If, upon the expiration of a period of 5
fiscal years beginning on October 1 after a consular
officer takes possession of a personal estate under
subsection (a), no legal claimant for such estate has
appeared, title to the estate shall be conveyed to the
United States, the property in the estate shall be under
the custody of the Department of State, and the
Secretary shall dispose of the estate in the same manner
as surplus United States Government-owned property is
disposed or by such means as may be appropriate in light
of the nature and value of the property involved. The
expenses of sales shall be paid from the estate, and any
lawful claim received thereafter shall be payable to the
extent of the value of the net proceeds of the estate as
a refund from the appropriate Treasury appropriations
account.
``(C) Transfer of proceeds.--The net cash estate
after disposition as provided in subparagraph (B) shall
be transferred to the miscellaneous receipts account of
the Treasury of the United States.
``(2) Real property.--
[[Page 113 STAT. 1501A-429]]
``(A) Designation as excess property.--In the event
that title to real property is conveyed to the
Government of the United States pursuant to subsection
(a)(1)(H) and is not required by the Department of
State, such property shall be considered foreign excess
property under title IV of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 511 et
seq.).
``(B) Treatment as gift.--In the event that the
Department requires such property, the Secretary of
State shall treat such property as if it were an
unconditional gift accepted on behalf of the Department
of State under section 25 of this Act and section
9(a)(3) of the Foreign Service Buildings Act of 1926.
``(c) Losses in Connection With the Conservation of Estates.--
``(1) Authority to compensate.--The Secretary is authorized
to compensate the estate of any United States citizen who has
died overseas for property--
``(A) the conservation of which has been undertaken
under section 43 or subsection (a) of this section; and
``(B) that has been lost, stolen, or destroyed while
in the custody of officers or employees of the
Department of State.
``(2) Liability.--
``(A) Exclusion of personal liability after
provision of compensation.--Any such compensation shall
be in lieu of personal liability of officers or
employees of the Department of State.
``(B) Liability to the department.--An officer or
employee of the Department of State may be liable to the
Department of State to the extent of any compensation
provided under paragraph (1).
``(C) Determinations of liability.--The liability of
any officer or employee of the Department of State to
the Department for any payment made under subsection (a)
shall be determined pursuant to the Department's
procedures for determining accountability for United
States Government property.
``(d) Regulations.--The Secretary of State may prescribe such
regulations as may be necessary to carry out this section.''.
(c) Effective Date.--The repeal and amendment made by this section
shall take effect six months after the date of enactment of this Act.
SEC. 235. DUTIES OF CONSULAR OFFICERS REGARDING MAJOR DISASTERS AND
INCIDENTS ABROAD AFFECTING UNITED STATES CITIZENS.
Section 43 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2715) is amended--
(1) by inserting ``(a) Authority.--'' before ``In'';
(2) by striking ``disposition of personal effects.'' in the
last sentence and inserting ``disposition of personal estates
pursuant to section 43B of this Act.''; and
(3) by adding at the end the following new subsection:
``(b) Definitions.--For purposes of this section and sections 43A
and 43B, the term `consular officer' includes any United States citizen
employee of the Department of State who is designated
[[Page 113 STAT. 1501A-430]]
by the Secretary of State to perform consular services pursuant to such
regulations as the Secretary may prescribe.''.
SEC. 236. ISSUANCE OF PASSPORTS FOR CHILDREN UNDER AGE 14.
(a) In General.--
(1) Regulations.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of State shall issue
regulations providing that before a child under the age of 14
years is issued a passport the requirements under paragraph (2)
shall apply under penalty of perjury.
(2) Requirements.--
(A) Both parents, or the child's legal guardian,
must execute the application and provide documentary
evidence demonstrating that they are the parents or
guardian; or
(B) the person executing the application must
provide documentary evidence that such person--
(i) has sole custody of the child;
(ii) has the consent of the other parent to
the issuance of the passport; or
(iii) is in loco parentis and has the consent
of both parents, of a parent with sole custody
over the child, or of the child's legal guardian,
to the issuance of the passport.
(b) Exceptions.--The regulations required by subsection (a) may
provide for exceptions in exigent circumstances, such as those involving
the health or welfare of the child, or when the Secretary determines
that issuance of a passport is warranted by special family
circumstances.
SEC. 237. PROCESSING OF VISA APPLICATIONS.
(a) Policy.--It shall be the policy of the Department of State to
process immigrant visa applications of immediate relatives of United
States citizens and nonimmigrant K-1 visa applications of fiances of
United States citizens within 30 days of the receipt of all necessary
documents from the applicant and the Immigration and Naturalization
Service. In the case of an immigrant visa application where the sponsor
of such applicant is a relative other than an immediate relative, it
should be the policy of the Department of State to process such an
application within 60 days of the receipt of all necessary documents
from the applicant and the Immigration and Naturalization Service.
(b) Reports.--Not later than 180 days after the date of enactment of
this Act, and not later than 1 year thereafter, the Secretary of State
shall submit to the appropriate congressional committees a report on the
extent to which the Department of State is meeting the policy standards
under subsection (a). Each report shall be based on a survey of the 22
consular posts which account for approximately 72 percent of immigrant
visas issued and, in addition, the consular posts in Guatemala City,
Nicosia, Caracas, Naples, and Jakarta. Each report should include data
on the average time for processing each category of visa application
under subsection (a), a list of the embassies and consular posts which
do not meet the policy standards under subsection (a), the amount of
funds collected worldwide for processing of visa applications during the
most recent fiscal year, the estimated costs of processing such visa
applications (based on the Department of State's most recent fee study),
the steps being taken by the Department of State to achieve such policy
standards, and results achieved by
[[Page 113 STAT. 1501A-431]]
the interagency working group charged with the goal of reducing the
overall processing time for visa applications.
SEC. 238. FEASIBILITY STUDY ON FURTHER PASSPORT RESTRICTIONS ON
INDIVIDUALS IN ARREARS ON CHILD SUPPORT.
(a) Report to Congress.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of State, in consultation with
the Secretary of Health and Human Services, shall submit a report to the
appropriate congressional committees, the Committee on Ways and Means of
the House of Representatives, and the Committee on Finance of the Senate
on the feasibility of decreasing the amount of an individual's
arrearages of child support that would require the Secretary of State to
refuse to issue a passport to such individual, or otherwise act with
respect to such an individual, as provided under section 452(k) of the
Social Security Act (42 U.S.C. 652(k)).
(b) Contents of Report.--The report under subsection (a) shall
include the following:
(1) The estimated cost to the Department of State of
reducing the arrearage amount which would result in a refusal to
issue a passport to $2,500 and, in addition, an amount between
$5,000 and $2,500.
(2) A projection of the estimated benefits of reducing the
amount to $2,500 (or an amount between $5,000 and $2,500), which
shall include an estimate of the additional numbers of
individuals who would be subject to denial, an estimate of the
additional child support arrearages that would be received
through such a reduction, and an estimate of the amount of child
support that would be paid earlier than under current law
(together with an estimate of how much earlier such amounts
would be paid).
(3) Information regarding the number of individuals with
child support arrearages over $2,500 and the average length of
time it takes for individuals to reach $2,500 in arrearages.
(4) The methodology for the cost estimates and benefit
projections described in paragraphs (1) and (2).
Subtitle C--Refugees
SEC. 251. UNITED STATES POLICY REGARDING THE INVOLUNTARY RETURN OF
REFUGEES.
(a) In General.--None of the funds made available by this Act or by
section 2(c) of the Migration and Refugee Assistance Act of 1962 (22
U.S.C. 2601(c)) shall be available to effect the involuntary return by
the United States of any person to a country in which the person has a
well-founded fear of persecution on account of race, religion,
nationality, membership in a particular social group, or political
opinion, except on grounds recognized as precluding protection as a
refugee under the United Nations Convention Relating to the Status of
Refugees of July 28, 1951, and the Protocol Relating to the Status of
Refugees of January 31, 1967, subject to the reservations contained in
the United States Senate Resolution of Ratification.
(b) Migration and Refugee Assistance.--None of the funds made
available by this Act or by section 2(c) of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be
[[Page 113 STAT. 1501A-432]]
available to effect the involuntary return of any person to any country
unless the Secretary of State first notifies the appropriate
congressional committees, except that in the case of an emergency
involving a threat to human life the Secretary of State shall notify the
appropriate congressional committees as soon as practicable.
(c) Involuntary Return Defined.--As used in this section, the term
``to effect the involuntary return'' means to require, by means of
physical force or circumstances amounting to a threat thereof, a person
to return to a country against the person's will, regardless of whether
the person is physically present in the United States and regardless of
whether the United States acts directly or through an agent.
SEC. 252. HUMAN RIGHTS REPORTS.
Section 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2304(b)) is amended by inserting after the fourth sentence the
following: ``Each report under this section shall describe the extent to
which each country has extended protection to refugees, including the
provision of first asylum and resettlement.''.
SEC. 253. GUIDELINES FOR REFUGEE PROCESSING POSTS.
(a) Guidelines for Addressing Hostile Biases.--Section 602(c)(1) of
the International Religious Freedom Act of 1998 (Public Law 105-292; 112
Stat. 2812) is amended by inserting ``and of the Department of State''
after ``Service''.
(b) Guidelines for Overseas Refugee Processing.--Section 602(c) of
such Act is further amended by adding at the end the following new
paragraph:
``(3) Not later than 120 days after the date of the
enactment of the Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001, the
Secretary of State (after consultation with the Attorney
General) shall issue guidelines to ensure that persons with
potential biases against any refugee applicant, including
persons employed by, or otherwise subject to influence by,
governments known to be involved in persecution on account of
religion, race, nationality, membership in a particular social
group, or political opinion, shall not in any way be used in
processing determinations of refugee status, including
interpretation of conversations or examination of documents
presented by such applicants.''.
SEC. 254. GENDER-RELATED PERSECUTION TASK FORCE.
(a) Establishment of Task Force.--The Secretary of State, in
consultation with the Attorney General and other appropriate Federal
agencies, shall establish a task force with the goal of determining
eligibility guidelines for women seeking refugee status overseas due to
gender-related persecution.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of State shall prepare and submit to the
Congress a report outlining the guidelines determined by the task force
under subsection (a).
SEC. 255. ELIGIBILITY FOR REFUGEE STATUS.
(a) Eligibility for In-Country Refugee Processing in Vietnam.--For
purposes of eligibility for in-country refugee processing for nationals
of Vietnam during fiscal years 2000 and 2001, an alien described in
subsection (b) or (d) shall be considered
[[Page 113 STAT. 1501A-433]]
to be a refugee of special humanitarian concern to the United States
(within the meaning of section 207 of the Immigration and Nationality
Act (8 USC 1157)) and shall be admitted to the United States for
resettlement if the alien would be admissible as an immigrant under the
Immigration and Nationality Act (except as provided in section 207(c)(3)
of that Act).
(b) Aliens Covered.--An alien described in this subsection is an
alien who--
(1) is the son or daughter of a qualified national;
(2) is 21 years of age or older; and
(3) was unmarried as of the date of acceptance of the
alien's parent for resettlement under the Orderly Departure
Program or through the United States Consulate General in Ho Chi
Minh City.
(c) Qualified National.--The term ``qualified national'' in
subsection (b)(1) means a national of Vietnam who--
(1)(A) was formerly interned in a re-education camp in
Vietnam by the Government of the Socialist Republic of Vietnam;
or
(B) is the widow or widower of an individual described in
subparagraph (A);
(2)(A) qualified for refugee processing under the Orderly
Departure Program re-education subprogram; and
(B) except as provided in subsection (d), on or after April
1, 1995, is or has been accepted under the Orderly Departure
Program or through the United States Consulate General in Ho Chi
Minh City--
(i) for resettlement as a refugee; or
(ii) for admission to the United States as an
immediate relative immigrant; and
(3)(A) is presently maintaining a residence in the United
States; or
(B) was approved for refugee resettlement or immigrant visa
processing and is awaiting departure formalities from Vietnam.
(d) Previous Denials Based on Lack of Co-Residency.--An alien who is
otherwise qualified under subsection (b) is eligible for admission for
resettlement regardless of the date of acceptance of the alien's parent
if the alien previously was denied refugee resettlement based solely on
the fact that the alien was not listed continuously on the parent's
residence permit.
TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE
Subtitle A--Organization Matters
SEC. 301. LEGISLATIVE LIAISON OFFICES OF THE DEPARTMENT OF STATE.
(a) Development of Assessment.--The Secretary of State shall assess
the administrative and personnel requirements for the establishment of
legislative liaison offices for the Department of State within the
office buildings of the House of Representatives and the Senate. In
undertaking the assessment, the Secretary
[[Page 113 STAT. 1501A-434]]
should examine existing liaison offices of other executive departments
that are located in the congressional office buildings, including the
liaison offices of the military services.
(b) Assessment Considerations.--The assessment required by
subsection (a) shall consider--
(1) space requirements;
(2) cost implications;
(3) personnel structure; and
(4) the feasibility of modifying the Pearson Fellowship
program in order to have members of the Foreign Service who
serve in such fellowships serve a second year in a legislative
liaison office.
(c) Transmittal of Assessment.--Not later than 6 months after the
date of the enactment of this Act, the Secretary of State shall submit
to the Committee on International Relations and the Committee on House
Administration of the House of Representatives and the Committee on
Foreign Relations and the Committee on Rules and Administration of the
Senate the assessment developed under subsection (a).
SEC. 302. STATE DEPARTMENT OFFICIAL FOR NORTHEASTERN EUROPE.
The Secretary of State shall designate a senior-level official of
the Department of State with responsibility for promoting regional
cooperation in and coordinating United States policy toward Northeastern
Europe.
SEC. 303. SCIENCE AND TECHNOLOGY ADVISER TO SECRETARY OF STATE.
(a) Designation.--The Secretary of State shall designate a senior-
level official of the Department of State as the Science and Technology
Adviser to the Secretary of State (in this section referred to as the
``Adviser''). The Adviser shall have substantial experience in the area
of science and technology. The Adviser shall report to the Secretary of
State through the appropriate Under Secretary of State.
(b) Duties.--The Adviser shall--
(1) advise the Secretary of State, through the appropriate
Under Secretary of State, on international science and
technology matters affecting the foreign policy of the United
States; and
(2) perform such duties, exercise such powers, and have such
rank and status as the Secretary of State shall prescribe.
SEC. 304. APPLICATION OF CERTAIN LAWS TO PUBLIC DIPLOMACY FUNDS.
Section 1333(c) of the Foreign Affairs Reform and Restructuring Act
of 1998 (as enacted in division G of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999; Public Law 105-277) is
amended--
(1) after ``diplomacy programs'' by inserting ``, identified
as public diplomacy funds in any Congressional Presentation
Document described in subsection (e), or reprogrammed for public
diplomacy purposes,'';
(2) by striking ``Except'' and inserting ``(1) Except''; and
(3) by adding at the end the following new paragraph:
``(2) Construction.--Nothing in paragraph (1) may be construed (A)
to interfere with the integration of administrative
[[Page 113 STAT. 1501A-435]]
resources between public diplomacy and other functions of the Department
of State or to prevent the occasional performance of functions other
than public diplomacy by officials or employees of the Department of
State who are primarily assigned to public diplomacy, provided there is
no substantial resulting diminution in the amount of resources devoted
to public diplomacy below the amounts described in paragraph (1), or (B)
to supersede reprogramming procedures.''.
SEC. 305. REFORM OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM
OFFICE.
(a) Additional Resources.--In addition to other amounts authorized
to be appropriated for the purposes of the Diplomatic Telecommunications
Service Program Office (DTS-PO), of the amounts made available to the
Department of State under section 101(2), $18,000,000 shall be made
available only to the DTS-PO for enhancement of Diplomatic
Telecommunications Service capabilities.
(b) Improvement of DTS-PO.--In order for the DTS-PO to better manage
a fully integrated telecommunications network to service all agencies at
diplomatic missions and consular posts, the DTS-PO shall--
(1) ensure that those enhancements of, and the provision of
service for, telecommunication capabilities that involve the
national security interests of the United States receive the
highest prioritization;
(2) not later than December 31, 1999, terminate all leases
for satellite systems located at posts in criteria countries,
unless all maintenance and servicing of the satellite system is
undertaken by United States citizens who have received
appropriate security clearances;
(3) institute a system of charges for utilization of
bandwidth by each agency beginning October 1, 2000, and
institute a comprehensive chargeback system to recover all, or
substantially all, of the other costs of telecommunications
services provided through the Diplomatic Telecommunications
Service to each agency beginning October 1, 2001;
(4) ensure that all DTS-PO policies and procedures comply
with applicable policies established by the Overseas Security
Policy Board; and
(5) maintain the allocation of the positions of Director and
Deputy Director of DTS-PO as those positions were assigned as of
June 1, 1999, which assignments shall pertain through fiscal
year 2001, at which time such assignments shall be adjusted in
the customary manner.
(c) Report on Improving Management.--Not later than March 31, 2000,
the Director and Deputy Director of DTS-PO shall jointly submit to the
Committee on International Relations and the Permanent Select Committee
on Intelligence of the House of Representatives and the Committee on
Foreign Relations and the Select Committee on Intelligence of the Senate
the Director's plan for improving network architecture, engineering,
operations monitoring and control, service metrics reporting, and
service provisioning, so as to achieve highly secure, reliable, and
robust communications capabilities that meet the needs of both national
security agencies and other United States agencies with overseas
personnel.
[[Page 113 STAT. 1501A-436]]
(d) Funding of DTS-PO.--Funds appropriated for allocation to DTS-PO
shall be made available only for DTS-PO until a comprehensive chargeback
system is in place.
(e) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means the Committee on
International Relations and the Permanent Select Committee on
Intelligence of the House of Representatives and the Committee on
Foreign Relations and the Select Committee on Intelligence of the
Senate.
Subtitle B--Personnel of the Department of State
SEC. 321. AWARD OF FOREIGN SERVICE STAR.
The State Department Basic Authorities Act of 1956 is amended by
inserting after section 36 (22 U.S.C. 2708) the following new section:
``SEC. 36A. AWARD OF FOREIGN SERVICE STAR.
``(a) Authority to Award.--The President, upon the recommendation of
the Secretary, may award a Foreign Service star to any member of the
Foreign Service or any other civilian employee of the Government of the
United States who, while employed at, or assigned permanently or
temporarily to, an official mission overseas or while traveling abroad
on official business, incurred a wound or other injury or an illness
(whether or not the wound, other injury, or illness resulted in death)--
``(1) as the person was performing official duties;
``(2) as the person was on the premises of a United States
mission abroad; or
``(3) by reason of the person's status as a United States
Government employee.
``(b) Selection Criteria.--The Secretary shall prescribe the
procedures for identifying and considering persons eligible for award of
a Foreign Service star and for selecting the persons to be recommended
for the award.
``(c) Award in the Event of Death.--If a person selected for award
of a Foreign Service star dies before being presented the award, the
award may be made and the star presented to the person's family or to
the person's representative, as designated by the President.
``(d) Form of Award.--The Secretary shall prescribe the design of
the Foreign Service star. The award may not include a stipend or any
other cash payment.
``(e) Funding.--Any expenses incurred in awarding a person a Foreign
Service star may be paid out of appropriations available at the time of
the award for personnel of the department or agency of the United States
Government in which the person was employed when the person incurred the
wound, injury, or illness upon which the award is based.''.
SEC. 322. UNITED STATES CITIZENS HIRED ABROAD.
Section 408(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
3968(a)(1)) is amended in the last sentence--
(1) by striking ``(A)'' and all that follows through
``(B)''; and
[[Page 113 STAT. 1501A-437]]
(2) by striking ``this total compensation package'' and
inserting ``the total compensation package''.
SEC. 323. LIMITATION ON PERCENTAGE OF SENIOR FOREIGN SERVICE ELIGIBLE
FOR PERFORMANCE PAY.
Section 405(b)(1) of the Foreign Service Act of 1980 (22 U.S.C.
3965(b)(1)) is amended by striking ``50'' and inserting ``33''.
SEC. 324. PLACEMENT OF SENIOR FOREIGN SERVICE PERSONNEL.
The Director General of the Foreign Service shall submit a report on
the first day of each fiscal quarter to the appropriate congressional
committees containing the following:
(1) The number of members of the Senior Foreign Service.
(2) The number of vacant positions designated for members of
the Senior Foreign Service.
(3) The number of members of the Senior Foreign Service who
are not assigned to positions.
SEC. 325. REPORT ON MANAGEMENT TRAINING.
Not later than April 1, 2000, the Department of State shall report
to the appropriate congressional committees on the feasibility of
modifying current training programs and curricula so that the Department
can provide significant and comprehensive management training at all
career grades for Foreign Service personnel.
SEC. 326. WORKFORCE PLANNING FOR FOREIGN SERVICE PERSONNEL BY FEDERAL
AGENCIES.
Section 601(c) of the Foreign Service Act of 1980 (22 U.S.C.
4001(c)) is amended by striking paragraph (4) and inserting the
following:
``(4) Not later than March 1, 2001, and every four years thereafter,
the Secretary of State shall submit a report to the Speaker of the House
of Representatives and to the Committee on Foreign Relations of the
Senate which shall include the following:
``(A) A description of the steps taken and planned in
furtherance of--
``(i) maximum compatibility among agencies utilizing
the Foreign Service personnel system, as provided for in
section 203, and
``(ii) the development of uniform policies and
procedures and consolidated personnel functions, as
provided for in section 204.
``(B) A workforce plan for the subsequent five years,
including projected personnel needs, by grade and by skill. Each
such plan shall include for each category the needs for foreign
language proficiency, geographic and functional expertise, and
specialist technical skills. Each workforce plan shall
specifically account for the training needs of Foreign Service
personnel and shall delineate an intake program of generalist
and specialist Foreign Service personnel to meet projected
future requirements.
``(5) If there are substantial modifications to any workforce plan
under paragraph (4)(B) during any year in which a report under paragraph
(4) is not required, a supplemental annual notification shall be
submitted in the same manner as reports are required to be submitted
under paragraph (4).''.
[[Page 113 STAT. 1501A-438]]
SEC. 327. RECORDS OF DISCIPLINARY ACTIONS.
(a) In General.--Section 604 of the Foreign Service Act of 1980 (22
U.S.C. 4004) is amended--
(1) by striking ``Confidentiality of Records.--'' and
inserting ``Records.--(a)''; and
(2) by adding at the end the following new subsection:
``(b) Notwithstanding subsection (a), any record of disciplinary
action that includes a suspension of more than five days taken against a
member of the Service, including any correction of that record under
section 1107(b)(1), shall remain a part of the personnel records until
the member is tenured as a career member of the Service or next
promoted.''.
(b) Effective Date.--The amendments made by this section apply to
all disciplinary actions initiated on or after the date of enactment of
this Act.
SEC. 328. LIMITATION ON SALARY AND BENEFITS FOR MEMBERS OF THE FOREIGN
SERVICE RECOMMENDED FOR SEPARATION FOR CAUSE.
Section 610(a) of the Foreign Service Act (22 U.S.C. 4010(a)) is
amended by adding at the end the following new paragraph:
``(6) Notwithstanding the hearing required by paragraph (2), at the
time the Secretary recommends that a member of the Service be separated
for cause, that member shall be placed on leave without pay pending
final resolution of the underlying matter, subject to reinstatement with
back pay if cause for separation is not established in a hearing before
the Board.''.
SEC. 329. TREATMENT OF GRIEVANCE RECORDS.
Section 1103(d)(1) of the Foreign Service Act of 1980 (22 U.S.C.
4133(d)(1)) is amended by adding the following new sentence at the end:
``Nothing in this subsection shall prevent a grievant from placing a
rebuttal to accompany a record of disciplinary action in such grievant's
personnel records nor prevent the Department from including a response
to such rebuttal, including documenting those cases in which the Board
has reviewed and upheld the discipline.''.
SEC. 330. DEADLINES FOR FILING GRIEVANCES.
(a) In General.--Section 1104(a) of the Foreign Service Act of 1980
(22 U.S.C. 4134(a)) is amended in the first sentence by striking
``within a period of 3 years'' and all that follows through the period
and inserting ``not later than two years after the occurrence giving
rise to the grievance or, in the case of a grievance with respect to the
grievant's rater or reviewer, one year after the date on which the
grievant ceased to be subject to rating or review by that person, but in
no case less than two years after the occurrence giving rise to the
grievance.''.
(b) Grievances Alleging Discrimination.--Section 1104 of that Act
(22 U.S.C. 4134) is amended in subsection (c) by striking ``3 years''
and inserting ``2 years''.
(c) Effective Date.--The amendments made by this section shall take
effect 180 days after the date of enactment of this Act and shall apply
to grievances which arise on or after such effective date.
[[Page 113 STAT. 1501A-439]]
SEC. 331. REPORTS BY THE FOREIGN SERVICE GRIEVANCE BOARD.
Section 1105 of the Foreign Service Act of 1980 (22 U.S.C. 4135) is
amended by adding at the end the following new subsection:
``(f)(1) Not later than March 1 of each year, the Chairman of the
Foreign Service Grievance Board shall prepare a report summarizing the
activities of the Board during the previous calendar year. The report
shall include--
``(A) the number of cases filed;
``(B) the types of cases filed;
``(C) the number of cases on which a final decision was
reached, as well as data on the outcome of cases, whether
affirmed, reversed, settled, withdrawn, or dismissed;
``(D) the number of oral hearings conducted and the length
of each such hearing;
``(E) the number of instances in which interim relief was
granted by the Board; and
``(F) data on the average time for consideration of a
grievance, from the time of filing to a decision of the Board.
``(2) The report required under paragraph (1) shall be submitted to
the Director General of the Foreign Service and the Committee on Foreign
Relations of the Senate and the Committee on International Relations of
the House of Representatives.''.
SEC. 332. EXTENSION OF USE OF FOREIGN SERVICE PERSONNEL SYSTEM.
Section 202(a) of the Foreign Service Act of 1980 (22 U.S.C.
3922(a)) is amended by adding at the end the following new paragraph:
``(4)(A) Whenever (and to the extent) the Secretary of State
considers it in the best interests of the United States
Government, the Secretary of State may authorize the head of any
agency or other Government establishment (including any
establishment in the legislative or judicial branch) to appoint
under section 303 individuals described in subparagraph (B) as
members of the Service and to utilize the Foreign Service
personnel system with respect to such individuals under such
regulations as the Secretary of State may prescribe.
``(B) The individuals referred to in subparagraph (A) are
individuals eligible for employment abroad under section
311(a).''.
SEC. 333. BORDER EQUALIZATION PAY ADJUSTMENT.
(a) In General.--Chapter 4 of title I of the Foreign Service Act of
1980 (22 U.S.C. 3961 et seq.) is amended by adding at the end the
following new section:
``SEC. 414. BORDER EQUALIZATION PAY ADJUSTMENT.
``(a) In General.--An employee who regularly commutes from the
employee's place of residence in the continental United States to an
official duty station in Canada or Mexico shall receive a border
equalization pay adjustment equal to the amount of comparability
payments under section 5304 of title 5, United States Code, that the
employee would receive if the employee were assigned to an official duty
station within the United States locality pay area closest to the
employee's official duty station.
``(b) Employee Defined.--For purposes of this section, the term
`employee' means a person who--
[[Page 113 STAT. 1501A-440]]
``(1) is an `employee' as defined under section 2105 of
title 5, United States Code; and
``(2) is employed by the Department of State, the United
States Agency for International Development, or the
International Joint Commission of the United States and Canada
(established under Article VII of the treaty signed January 11,
1909) (36 Stat. 2448), except that the term shall not include
members of the Service (as specified in section 103).
``(c) Treatment as Basic Pay.--An equalization pay adjustment paid
under this section shall be considered to be part of basic pay for the
same purposes for which comparability payments are considered to be part
of basic pay under section 5304 of title 5, United States Code.
``(d) Regulations.--The heads of the agencies referred to in
subsection (b)(2) may prescribe regulations to carry out this
section.''.
(b) Conforming Amendment.--The table of contents for the Foreign
Service Act of 1980 is amended by inserting after the item relating to
section 413 the following new item:
``Sec. 414. Border equalization pay adjustment.''.
SEC. 334. TREATMENT OF CERTAIN PERSONS REEMPLOYED AFTER SERVICE WITH
INTERNATIONAL ORGANIZATIONS.
(a) In General.--Title 5 of the United States Code is amended by
inserting after section 8432b the following new section:
``Sec. 8432c. Contributions of certain persons reemployed after service
with international organizations
``(a) In this section, the term `covered person' means any person
who--
``(1) transfers from a position of employment covered by
chapter 83 or 84 or subchapter I or II of chapter 8 of the
Foreign Service Act of 1980 to a position of employment with an
international organization pursuant to section 3582;
``(2) pursuant to section 3582 elects to retain coverage,
rights, and benefits under any system established by law for the
retirement of persons during the period of employment with the
international organization and currently deposits the necessary
deductions in payment for such coverage, rights, and benefits in
the system's fund; and
``(3) is reemployed pursuant to section 3582(b) to a
position covered by chapter 83 or 84 or subchapter I or II of
chapter 8 of the Foreign Service Act of 1980 after separation
from the international organization.
``(b)(1) Each covered person may contribute to the Thrift Savings
Fund, in accordance with this subsection, an amount not to exceed the
amount described in paragraph (2).
``(2) The maximum amount which a covered person may contribute under
paragraph (1) is equal to--
``(A) the total amount of all contributions under section
8351(b)(2) or 8432(a), as applicable, which the person would
have made over the period beginning on the date of transfer of
the person (as described in subsection (a)(1)) and ending on the
day before the date of reemployment of the person (as described
in subsection (a)(3)), minus
[[Page 113 STAT. 1501A-441]]
``(B) the total amount of all contributions, if any, under
section 8351(b)(2) or 8432(a), as applicable, actually made by
the person over the period described in subparagraph (A).
``(3) Contributions under paragraph (1)--
``(A) shall be made at the same time and in the same manner
as would any contributions under section 8351(b)(2) or 8432(a),
as applicable;
``(B) shall be made over the period of time specified by the
person under paragraph (4)(B); and
``(C) shall be in addition to any contributions actually
being made by the person during that period under section
8351(b)(2) or 8432(a), as applicable.
``(4) The Executive Director shall prescribe the time, form, and
manner in which a covered person may specify--
``(A) the total amount the person wishes to contribute with
respect to any period described in paragraph (2)(A); and
``(B) the period of time over which the covered person
wishes to make contributions under this subsection.
``(c) If a covered person who makes contributions under section
8432(a) makes contributions under subsection (b), the agency employing
the person shall make those contributions to the Thrift Savings Fund on
the person's behalf in the same manner as contributions are made for an
employee described in section 8432b(a) under sections 8432b(c),
8432b(d), and 8432b(f). Amounts paid under this subsection shall be paid
in the same manner as amounts are paid under section 8432b(g).
``(d) For purposes of any computation under this section, a covered
person shall, with respect to the period described in subsection
(b)(2)(A), be considered to have been paid at the rate which would have
been payable over such period had the person remained continuously
employed in the position that the person last held before transferring
to the international organization.
``(e) For purposes of section 8432(g), a covered person shall be
credited with a period of civilian service equal to the period beginning
on the date of transfer of the person (as described in subsection
(a)(1)) and ending on the day before the date of reemployment of the
person (as described in subsection (a)(3)).
``(f) The Executive Director shall prescribe regulations to carry
out this section.''.
(b) Conforming Amendment.--The table of sections for chapter 84 of
title 5, United States Code, is amended by inserting after the item
relating to section 8432b the following:
``8432c. Contributions of certain persons reemployed after service with
international organizations.''.
(c) Effective Date.--The amendment made by subsection (a) shall
apply to persons reemployed on or after the date of enactment of this
Act.
SEC. 335. TRANSFER ALLOWANCE FOR FAMILIES OF DECEASED FOREIGN SERVICE
PERSONNEL.
Section 5922 of title 5, United States Code, is amended by adding at
the end the following:
``(f)(1) If an employee dies at post in a foreign area, a transfer
allowance under section 5924(2)(B) may be granted to the spouse or
dependents of such employee (or both) for the purpose of providing for
their return to the United States.
[[Page 113 STAT. 1501A-442]]
``(2) A transfer allowance under this subsection may not be granted
with respect to the spouse or a dependent of the employee unless, at the
time of death, such spouse or dependent was residing--
``(A) at the employee's post of assignment; or
``(B) at a place, outside the United States, for which a
separate maintenance allowance was being furnished under section
5924(3).
``(3) The President may prescribe any regulations necessary to carry
out this subsection.''.
SEC. 336. PARENTAL CHOICE IN EDUCATION.
Section 5924(4) of title 5, United States Code, is amended--
(1) in subparagraph (A), by striking ``between that post and
the nearest locality where adequate schools are available,'' and
inserting ``between that post and the school chosen by the
employee, not to exceed the total cost to the Government of the
dependent attending an adequate school in the nearest locality
where an adequate school is available,''; and
(2) by adding at the end the following new subparagraph:
``(C) In those cases in which an adequate school is
available at the post of the employee, if the employee
chooses to educate the dependent at a school away from
post, the education allowance which includes board and
room, and periodic travel between the post and the
school chosen, shall not exceed the total cost to the
Government of the dependent attending an adequate school
at the post of the employee.''.
SEC. 337. MEDICAL EMERGENCY ASSISTANCE.
Section 5927 of title 5, United States Code, is amended to read as
follows:
``Sec. 5927. Advances of pay
``(a) Up to three months' pay may be paid in advance--
``(1) to an employee upon the assignment of the employee to
a post in a foreign area;
``(2) to an employee, other than an employee appointed under
section 303 of the Foreign Service Act of 1980 (and employed
under section 311 of such Act), who--
``(A) is a citizen of the United States;
``(B) is officially stationed or located outside the
United States pursuant to Government authorization; and
``(C) requires (or has a family member who requires)
medical treatment outside the United States, in
circumstances specified by the President in regulations;
and
``(3) to a foreign national employee appointed under section
303 of the Foreign Service Act of 1980, or a nonfamily member
United States citizen appointed under such section 303 (and
employed under section 311 of such Act) for service at such
nonfamily member's post of residence, who--
``(A) is located outside the country of employment
of such foreign national employee or nonfamily member
(as the case may be) pursuant to Government
authorization; and
[[Page 113 STAT. 1501A-443]]
``(B) requires medical treatment outside the country
of employment of such foreign national employee or
nonfamily member (as the case may be), in circumstances
specified by the President in regulations.
``(b) For the purpose of this section, the term `country of
employment', as used with respect to an individual under subsection
(a)(3), means the country (or other area) outside the United States
where such individual is appointed (as described in subsection (a)(3))
by the Government.''.
SEC. 338. REPORT CONCERNING FINANCIAL DISADVANTAGES FOR ADMINISTRATIVE
AND TECHNICAL PERSONNEL.
(a) Findings.--Congress finds that administrative and technical
personnel posted to United States missions abroad who do not have
diplomatic status suffer financial disadvantages from their lack of such
status.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of State should submit a report to the
appropriate congressional committees concerning the extent to which
administrative and technical personnel posted to United States missions
abroad who do not have diplomatic status suffer financial disadvantages
from their lack of such status, including proposals to alleviate such
disadvantages.
SEC. 339. STATE DEPARTMENT INSPECTOR GENERAL AND PERSONNEL
INVESTIGATIONS.
(a) Amendment of the Foreign Service Act of 1980.--Section 209(c) of
the Foreign Service Act of 1980 (22 U.S.C. 3929(c)) is amended by adding
at the end the following:
``(5) Investigations.--
``(A) Conduct of investigations.--In conducting
investigations of potential violations of Federal
criminal law or Federal regulations, the Inspector
General shall--
``(i) abide by professional standards
applicable to Federal law enforcement agencies;
and
``(ii) make every reasonable effort to permit
each subject of an investigation an opportunity to
provide exculpatory information.
``(B) Final reports of investigations.--In order to
ensure that final reports of investigations are thorough
and accurate, the Inspector General shall--
``(i) make every reasonable effort to ensure
that any person named in a final report of
investigation has been afforded an opportunity to
refute any allegation of wrongdoing or assertion
with respect to a material fact made regarding
that person's actions;
``(ii) include in every final report of
investigation any exculpatory information, as well
as any inculpatory information, that has been
discovered in the course of the investigation.''.
(b) Annual Report.--Section 209(d)(2) of the Foreign Service Act of
1980 (22 U.S.C. 3929(d)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by inserting after subparagraph (E) the following new
subparagraph:
[[Page 113 STAT. 1501A-444]]
``(F) a notification, which may be included, if
necessary, in the classified portion of the report, of
any instance in a case that was closed during the period
covered by the report when the Inspector General decided
not to afford an individual the opportunity described in
subsection (c)(5)(B)(i) to refute any allegation and the
rationale for denying such individual that
opportunity.''.
(c) Statutory Construction.--Nothing in the amendments made by this
section may be construed to modify--
(1) section 209(d)(4) of the Foreign Service Act of 1980 (22
U.S.C. 3929(d)(4));
(2) section 7(b) of the Inspector General Act of 1978 (5
U.S.C. app.);
(3) the Privacy Act of 1974 (5 U.S.C. 552a);
(4) the provisions of section 2302(b)(8) of title 5
(relating to whistleblower protection);
(5) rule 6(e) of the Federal Rules of Criminal Procedure
(relating to the protection of grand jury information); or
(6) any statute or executive order pertaining to the
protection of classified information.
(d) No Grievance or Right of Action.--A failure to comply with the
amendments made by this section shall not give rise to any private right
of action in any court or to an administrative complaint or grievance
under any law.
(e) Effective Date.--The amendments made by this section shall apply
to cases opened on or after the date of the enactment of this Act.
SEC. 340. STUDY OF COMPENSATION FOR SURVIVORS OF TERRORIST ATTACKS
OVERSEAS.
Not later than 180 days after the date of enactment of this Act, the
President shall submit a report to the appropriate congressional
committees on the benefits and compensation paid to the survivors and
personal representatives of the United States Government employees
(including those in the uniformed services and Foreign Service National
employees) killed in the performance of duty abroad as result of
terrorist acts. All appropriate United States Government agencies shall
contribute to the preparation of the report. The report shall include a
comparison of benefits available to military and civilian employees and
should include any recommendations for additional or other types of
benefits or compensation.
SEC. 341. PRESERVATION OF DIVERSITY IN REORGANIZATION.
Section 1613(c) of the Foreign Affairs Reform and Restructuring Act
of 1998 (as enacted by division G of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999; Public Law 105-277) is
amended by inserting after the first sentence the following: ``In
carrying out the reorganization under this Act, the Secretary shall
ensure that the advances made in increasing the number and status of
women and minorities within the foreign affairs agencies of the Federal
Government, in terms of representation within the agencies as well as
relative rank, are not undermined by discrimination within the newly
reorganized Department of State.''.
[[Page 113 STAT. 1501A-445]]
TITLE IV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
PROGRAMS
Subtitle A--Authorities and Activities
SEC. 401. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR
TIBETANS AND BURMESE.
(a) Designation of Ngawang Choephel Exchange Programs.--Section
103(a) of the Human Rights, Refugee, and Other Foreign Relations
Provisions Act of 1996 (Public Law 104-319) is amended by inserting
after the first sentence the following: ``Exchange programs under this
subsection shall be known as the `Ngawang Choephel Exchange
Programs'.''.
(b) Scholarships for Tibetans and Burmese.--Section 103(b)(1) of the
Human Rights, Refugee, and Other Foreign Relations Provisions Act of
1996 (Public Law 104-319; 22 U.S.C. 2151 note) is amended by striking
``for the fiscal year 1999'' and inserting ``for the fiscal year 2000''.
(c) Scholarships for Preservation of Tibet's culture, language, and
religion.--Section 103(b)(1) of the Human Rights, Refugee, and Other
Foreign Relations Provisions Act of 1996 (Public Law 104-319; 22 U.S.C.
2151 note) is further amended by striking ``Tibet,'' and inserting
``Tibet (whenever practical giving consideration to individuals who are
active in the preservation of Tibet's culture, language, and
religion),''.
SEC. 402. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.
Section 102 of the Human Rights, Refugee, and Other Foreign
Relations Provisions Act of 1996 (Public Law 104-319; 22 U.S.C. 2452
note) is amended to read as follows:
``SEC. 102. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL EXCHANGE
PROGRAMS.
``(a) In General.--In carrying out programs of educational and
cultural exchange in countries whose people do not fully enjoy freedom
and democracy, the Secretary of State, with the assistance of the Under
Secretary of State for Public Diplomacy, shall provide, where
appropriate, opportunities for significant participation in such
programs to nationals of such countries who are--
``(1) human rights or democracy leaders of such countries;
or
``(2) committed to advancing human rights and democratic
values in such countries.
``(b) Grantee Organizations.--To the extent practicable, grantee
organizations selected to operate programs described in subsection (a)
shall be selected through an open competitive process. Among the factors
that should be considered in the selection of such a grantee are the
willingness and ability of the organization to--
``(1) recruit a broad range of participants, including those
described in paragraphs (1) and (2) of subsection (a); and
[[Page 113 STAT. 1501A-446]]
``(2) ensure that the governments of the countries described
in subsection (a) do not have inappropriate influence in the
selection process.''.
SEC. 403. NATIONAL SECURITY MEASURES.
The United States Information and Educational Exchange Act of 1948
(22 U.S.C. 1431 et seq.) is amended by adding after section 1011 the
following new section:
``SEC. 1012. NATIONAL SECURITY MEASURES.
``(a) Restriction.--In coordination with other appropriate executive
branch officials, the Secretary of State shall take all appropriate
steps to--
``(1) prevent any agent of a foreign power from
participating in educational and cultural exchange programs
under this Act;
``(2) ensure that no person who is involved in the research,
development, design, testing, evaluation, or production of
missiles or weapons of mass destruction is a participant in any
program of educational or cultural exchange under this Act if
such person is employed by, or attached to, an entity within a
country that has been identified by any element of the United
States intelligence community (as defined by section 3(4) of the
National Security Act of 1947) within the previous 5 years as
having been involved in the proliferation of missiles or weapons
of mass destruction; and
``(3) ensure that no person who is involved in the research,
development, design, testing, evaluation, or production of
chemical or biological weapons for offensive purposes is a
participant in any program of educational or cultural exchange
under this Act.
``(b) Definitions.--
``(1) The term `appropriate executive branch officials'
means officials from the elements of the United States
Government listed pursuant to section 101 of the Intelligence
Authorization Act for Fiscal Year 1999 (Public Law 105-272).
``(2) The term `agent of a foreign power' has the same
meaning as set forth in section 101(b)(1)(B) and (b)(2) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801),
and does not include any person who acts in the capacity defined
under section 101(b)(1)(A) of such Act.
SEC. 404. SUNSET OF UNITED STATES ADVISORY COMMISSION ON PUBLIC
DIPLOMACY.
(a) Restoration of Advisory Commission.--Section 1334 of the Foreign
Affairs Reform and Restructuring Act of 1998 (as enacted in division G
of the Omnibus Consolidated and Emergency Supplemental Appropriations
Act, 1999; Public Law 105-277) is amended to read as follows:
``SEC. 1334. SUNSET OF UNITED STATES ADVISORY COMMISSION ON PUBLIC
DIPLOMACY.
``The United States Advisory Commission on Public Diplomacy,
established under section 604 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1469) and section 8 of
Reorganization Plan Numbered 2 of 1977, shall continue to exist and
operate under such provisions of law until October 1, 2001.''.
[[Page 113 STAT. 1501A-447]]
(b) Retroactivity of Effective Date.--The amendment made by
subsection (a) shall take effect as if included in the enactment of the
Foreign Affairs Reform and Restructuring Act of 1998.
(c) Reenactment and Repeal of Certain Provisions of Law.--
(1) Reenactment.--The provisions of law repealed by section
1334 of the Foreign Affairs Reform and Restructuring Act of
1998, as in effect before the date of the enactment of this Act,
are hereby reenacted into law.
(2) Repeal.--Effective September 30, 2001, section 604 of
the United States Information and Educational Exchange Act of
1948 (22 U.S.C. 1469) and section 8 of the Reorganization Plan
Numbered 2 of 1977 are repealed.
(d) Continuity of Advisory Commission.--Notwithstanding any other
provision of law, any period of discontinuity of the United States
Advisory Commission on Public Diplomacy shall not affect the appointment
or terms of service of members of the commission.
(e) Reduction in Staff and Budget.--Notwithstanding section 604(b)
of the United States Information and Educational Exchange Act of 1948,
effective on the date of the enactment of this Act, the United States
Advisory Commission on Public Diplomacy shall have not more than 2
individuals who are compensated staff, and not more than 50 percent of
the resources allocated in fiscal year 1999.
SEC. 405. ROYAL ULSTER CONSTABULARY TRAINING.
(a) Training for the Royal Ulster Constabulary.--No funds
authorized to be appropriated by this or any other Act may be used to
support any training or exchange program conducted by the Federal Bureau
of Investigation or any other Federal law enforcement agency for the
Royal Ulster Constabulary (in this section referred to as the ``RUC'')
or RUC members until the President submits to the appropriate
congressional committees the report required by subsection (b) and the
certification described in subsection (c)(1).
(b) Report on Past Training Programs.--The President shall report
on training or exchange programs conducted by the Federal Bureau of
Investigation or other Federal law enforcement agencies for the RUC or
RUC members during fiscal years 1994 through 1999. Such report shall
include--
(1) the number of training or exchange programs conducted
during the period of the report;
(2) the number and rank of the RUC members who participated
in such training or exchange programs in each fiscal year;
(3) the duration and location of such training or exchange
programs; and
(4) a detailed description of the curriculum of the training
or exchange programs.
(c) Certification Regarding Future Training Activities.--
(1) In general.--The certification described in this
subsection is a certification by the President that--
(A) training or exchange programs conducted by the
Federal Bureau of Investigation or other Federal law
enforcement agencies for the RUC or RUC members are
necessary to--
[[Page 113 STAT. 1501A-448]]
(i) improve the professionalism of policing in
Northern Ireland; and
(ii) advance the peace process in Northern
Ireland;
(B) such programs will include in the curriculum a
significant human rights component;
(C) vetting procedures have been established in the
Departments of State and Justice, and any other
appropriate Federal agency, to ensure that training or
exchange programs do not include RUC members who there
are substantial grounds for believing have committed or
condoned violations of internationally recognized human
rights, including any role in the murder of Patrick
Finucane or Rosemary Nelson or other violence or serious
threat of violence against defense attorneys in Northern
Ireland; and
(D) the governments of the United Kingdom and the
Republic of Ireland are committed to assisting in the
full implementation of the recommendations contained in
the Patten Commission report issued September 9, 1999.
(2) Fiscal year 2001 application.--The President shall make
an additional certification under paragraph (1) before any
Federal law enforcement agency conducts training for the RUC or
RUC members in fiscal year 2001.
(3) Application to successor organizations.--The provisions
of this subsection shall apply to any successor organization of
the RUC.
Subtitle B--Russian and Ukrainian Business Management Education
SEC. 421. PURPOSE.
The purpose of this subtitle is to establish a training program in
Russia and Ukraine for nationals of those countries to obtain skills in
business administration, accounting, and marketing, with special
emphasis on instruction in business ethics and in the basic terminology,
techniques, and practices of those disciplines, to achieve international
standards of quality, transparency, and competitiveness.
SEC. 422. DEFINITIONS.
In this subtitle:
(1) Distance learning.--The term ``distance learning'' means
training through computers, interactive videos,
teleconferencing, and videoconferencing between and among
students and teachers.
(2) Eligible enterprise.--The term ``eligible enterprise''
means--
(A) in the case of Russia--
(i) a business concern operating in Russia
that employs Russian nationals in Russia; or
(ii) a private enterprise that is being formed
or operated by former officers of the Russian
armed forces in Russia; and
(B) in the case of Ukraine--
(i) a business concern operating in Ukraine
that employs Ukrainian nationals in Ukraine; or
[[Page 113 STAT. 1501A-449]]
(ii) a private enterprise that is being formed
or operated by former officers of the Ukrainian
armed forces in Ukraine.
(3) Eligible national.--The term ``eligible national'' means
the employee of an eligible enterprise who is employed in the
program country.
(4) Program.--The term ``program'' means the program of
technical assistance established under section 423.
(5) Program country.--The term ``program country'' means--
(A) Russia in the case of any eligible enterprise
operating in Russia that receives technical assistance
under the program; or
(B) Ukraine in the case of any eligible enterprise
operating in Ukraine that receives technical assistance
under the program.
SEC. 423. AUTHORIZATION FOR TRAINING PROGRAM AND INTERNSHIPS.
(a) Training Program.--
(1) In general.--The President is authorized to establish a
program of technical assistance to provide the training
described in section 421 to eligible enterprises.
(2) Implementation.--Training shall be carried out by United
States nationals having expertise in business administration,
accounting, and marketing or by eligible nationals who have been
trained under the program. Such training may be carried out--
(A) in the offices of eligible enterprises, at
business schools or institutes, or at other locations in
the program country, including facilities of the armed
forces of the program country, educational institutions,
or in the offices of trade or industry associations,
with special consideration given to locations where
similar training opportunities are limited or
nonexistent; or
(B) by ``distance learning'' programs originating in
the United States or in European branches of United
States institutions.
(b) Internships With United States Domestic Business Concerns.--
Authorized program costs may include the travel expenses and appropriate
in-country business English language training, if needed, of eligible
nationals who have completed training under the program to undertake
short-term internships with business concerns in the United States.
SEC. 424. APPLICATIONS FOR TECHNICAL ASSISTANCE.
(a) Procedures.--
(1) In general.--Each eligible enterprise that desires to
receive training for its employees and managers under this
subtitle shall submit an application to the clearinghouse under
subsection (c), at such time, in such manner, and accompanied by
such additional information as may reasonably be required.
(2) Joint applications.--A consortium of eligible
enterprises may file a joint application under the provisions of
paragraph (1).
(b) Contents.--An application under subsection (a) may be approved
only if the application--
[[Page 113 STAT. 1501A-450]]
(1) is for an individual or individuals employed in an
eligible enterprise or enterprises applying under the program;
(2) describes the level of training for which assistance
under this subtitle is sought;
(3) provides evidence that the eligible enterprise meets the
general policies adopted for the administration of this
subtitle;
(4) provides assurances that the eligible enterprise will
pay a share of the costs of the training, which share may
include in-kind contributions; and
(5) provides such additional assurances as are determined to
be essential to ensure compliance with the requirements of this
subtitle.
(c) Clearinghouse.--A clearinghouse shall be established or
designated in each program country to manage and execute the program in
that country. The clearinghouse shall screen applications, provide
information regarding training and teachers, monitor performance of the
program, and coordinate appropriate post-program follow-on activities.
SEC. 425. RESTRICTIONS NOT APPLICABLE.
Prohibitions on the use of foreign assistance funds for assistance
for the Russian Federation or for Ukraine shall not apply with respect
to the funds made available to carry out this subtitle.
SEC. 426. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated $10,000,000
for the fiscal year 2000 and $10,000,000 for the fiscal year 2001 to
carry out this subtitle.
(b) Availability of Funds.--Amounts appropriated under subsection
(a) are authorized to remain available until expended.
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES
SEC. 501. REAUTHORIZATION OF RADIO FREE ASIA.
Section 309 of the United States International Broadcasting Act of
1994 (22 U.S.C. 6208) is amended--
(1) by striking subsection (c);
(2) by redesignating subsections (d), (e), (f), (g), (h),
and (i) as subsections (c), (d), (e), (f), (g), and (h),
respectively;
(3) in subsection (c) (as redesignated by paragraph (2))--
(A) in paragraph (1)--
(i) by striking ``(A)''; and
(ii) by striking subparagraph (B);
(B) in paragraph (2), by striking ``September 30,
1999'' and inserting ``September 30, 2009'';
(C) in paragraph (4), by striking ``$22,000,000 in
any fiscal year'' and inserting ``$30,000,000 in each of
the fiscal years 2000 and 2001'';
(D) by striking paragraph (5); and
(E) by redesignating paragraph (6) as paragraph (5);
and
[[Page 113 STAT. 1501A-451]]
(4) by amending subsection (f) (as redesignated by paragraph
(2)) to read as follows:
``(f) Sunset Provision.--The Board may not make any grant for the
purpose of operating Radio Free Asia after September 30, 2009.''.
SEC. 502. NOMINATION REQUIREMENTS FOR THE CHAIRMAN OF THE BROADCASTING
BOARD OF GOVERNORS.
Section 304(b)(2) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (22 U.S.C. 6203 (b)(2)), is amended--
(1) by striking ``designate'' and inserting ``appoint''; and
(2) by adding at the end the following: ``, subject to the
advice and consent of the Senate''.
SEC. 503. PRESERVATION OF RFE/RL (RADIO FREE EUROPE/RADIO LIBERTY).
Section 312 of the United States International Broadcasting Act of
1994 (22 U.S.C. 6211) is amended to read as follows:
``SEC. 312. THE CONTINUING MISSION OF RADIO FREE EUROPE AND RADIO
LIBERTY BROADCASTS.
``It is the sense of Congress that Radio Free Europe and Radio
Liberty should continue to broadcast to the peoples of Central Europe,
Eurasia, and the Persian Gulf until such time as--
``(1) a particular nation has clearly demonstrated the
successful establishment and consolidation of democratic rule;
and
``(2) its domestic media which provide balanced, accurate,
and comprehensive news and information, is firmly established
and widely accessible to the national audience, thus making
redundant broadcasts by Radio Free Europe or Radio Liberty.
``At such time as a particular nation meets both of these conditions,
RFE/RL should phase out broadcasting to that nation.''.
SEC. 504. IMMUNITY FROM CIVIL LIABILITY FOR BROADCASTING BOARD OF
GOVERNORS.
Section 304 of the United States International Broadcasting Act of
1994 (22 U.S.C. 6203) is amended by adding at the end the following
subsection:
``(g) Immunity From Civil Liability.--Notwithstanding any other
provision of law, any and all limitations on liability that apply to the
members of the Broadcasting Board of Governors also shall apply to such
members when acting in their capacities as members of the boards of
directors of RFE/RL, Incorporated and Radio Free Asia.''.
TITLE VI--EMBASSY SECURITY AND COUNTERTERRORISM MEASURES
SEC. 601. SHORT TITLE.
This title may be cited as the ``Secure Embassy Construction and
Counterterrorism Act of 1999''.
SEC. 602. FINDINGS.
Congress makes the following findings:
(1) On August 7, 1998, the United States embassies in
Nairobi, Kenya, and in Dar es Salaam, Tanzania, were
[[Page 113 STAT. 1501A-452]]
destroyed by simultaneously exploding bombs. The resulting
explosions killed 220 persons and injured more than 4,000
others. Twelve Americans and 40 Kenyan and Tanzanian employees
of the United States Foreign Service were killed in the attack.
(2) The United States personnel in both Dar es Salaam and
Nairobi showed leadership and personal courage in their response
to the attacks. Despite the havoc wreaked upon the embassies,
staff in both embassies provided rapid response in locating and
rescuing victims, providing emergency assistance, and quickly
restoring embassy operations during a crisis.
(3) The bombs are believed to have been set by individuals
associated with Osama bin Laden, leader of a known transnational
terrorist organization. In February 1998, bin Laden issued a
directive to his followers that called for attacks against
United States interests anywhere in the world.
(4) Threats continue to be made against United States
diplomatic facilities.
(5) Accountability Review Boards were convened following the
bombings, as required by Public Law 99-399, chaired by Admiral
William J. Crowe, United States Navy (Ret.) (in this section
referred to as the ``Crowe panels'').
(6) The conclusions of the Crowe panels were strikingly
similar to those stated by the Commission chaired by Admiral
Bobby Ray Inman, which issued an extensive embassy security
report in 1985.
(7) The Crowe panels issued a report setting out many
problems with security at United States diplomatic facilities,
in particular the following:
(A) The United States Government has devoted
inadequate resources to security against terrorist
attacks.
(B) The United States Government places too low a
priority on security concerns.
(8) The result has been a failure to take adequate steps to
prevent tragedies such as the bombings in Kenya and Tanzania.
(9) The Crowe panels found that there was an institutional
failure on the part of the Department of State to recognize
threats posed by transnational terrorism and vehicular bombs.
(10) Responsibility for ensuring adequate resources for
security programs is widely shared throughout the United States
Government, including Congress. Unless the vulnerabilities
identified by the Crowe panels are addressed in a sustained and
financially realistic manner, the lives and safety of United
States employees in diplomatic facilities will continue to be at
risk from further terrorist attacks.
(11) Although service in the Foreign Service or other United
States Government positions abroad can never be completely
without risk, the United States Government must take all
reasonable steps to minimize security risks.
SEC. 603. UNITED STATES DIPLOMATIC FACILITY DEFINED.
In this title, the terms `United States diplomatic facility' and
`diplomatic facility' mean any chancery, consulate, or other office
notified to the host government as diplomatic or consular premises in
accordance with the Vienna Conventions on Diplomatic and Consular
Relations, or otherwise subject to a publicly available
[[Page 113 STAT. 1501A-453]]
bilateral agreement with the host government (contained in the records
of the United States Department of State) that recognizes the official
status of the United States Government personnel present at the
facility.
SEC. 604. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated by this or any other Act, there
are authorized to be appropriated for ``Embassy Security, Construction
and Maintenance''--
(1) for fiscal year 2000, $900,000,000;
(2) for fiscal year 2001, $900,000,000;
(3) for fiscal year 2002, $900,000,000;
(4) for fiscal year 2003, $900,000,000; and
(5) for fiscal year 2004, $900,000,000.
(b) Purposes.--Funds made available under the ``Embassy Security,
Construction, and Maintenance'' account may be used only for the
purposes of--
(1) the acquisition of United States diplomatic facilities
and, if necessary, any residences or other structures located in
close physical proximity to such facilities, or
(2) the provision of major security enhancements to United
States diplomatic facilities,
to the extent necessary to bring the United States Government into
compliance with all requirements applicable to the security of United
States diplomatic facilities, including the relevant requirements set
forth in section 606.
(c) Availability of Authorizations.--Authorizations of
appropriations under subsection (a) shall remain available until the
appropriations are made.
(d) Availability of Funds.--Amounts appropriated pursuant to
subsection (a) are authorized to remain available until expended.
SEC. 605. OBLIGATIONS AND EXPENDITURES.
(a) Report and Priority of Obligations.--
(1) Report.--Not later than February 1 of the year 2000 and
each of the four subsequent years, the Secretary of State shall
submit a classified report to the appropriate congressional
committees identifying each diplomatic facility or each
diplomatic or consular post composed of such facilities that is
a priority for replacement or for any major security enhancement
because of its vulnerability to terrorist attack (by reason of
the terrorist threat and the current condition of the facility).
The report shall list such facilities in groups of 20. The
groups shall be ranked in order from most vulnerable to least
vulnerable to such an attack.
(2) Priority on use of funds.--
(A) In general.--Except as provided in subparagraph
(B), funds authorized to be appropriated by section 604
for a particular project may be used only for those
facilities which are listed in the first four groups
described in paragraph (1).
(B) Exception.--Funds authorized to be made
available by section 604 may only be used for facilities
which are not in the first 4 groups described in
paragraph (1), if the Congress authorizes or
appropriates funds for such a diplomatic facility or the
Secretary of State notifies the appropriate
congressional committees that such funds will
[[Page 113 STAT. 1501A-454]]
be used for a facility in accordance with the procedures
applicable to a reprogramming of funds under section
34(a) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2706(a)).
(b) Prohibition on Transfer of Funds.--None of the funds authorized
to be appropriated by section 604 may be transferred to any other
account.
(c) Semiannual Reports on Acquisition and Major Security Upgrades.--
On June 1 and December 1 of each year, the Secretary of State shall
submit a report to the appropriate congressional committees on the
embassy construction and security program authorized under this title.
The report shall include--
(1) obligations and expenditures--
(A) during the previous two fiscal quarters; and
(B) since the enactment of this Act;
(2) projected obligations and expenditures for the fiscal
year in which the report is submitted and how these obligations
and expenditures will improve security conditions of specific
diplomatic facilities; and
(3) the status of ongoing acquisition and major security
enhancement projects, including any significant changes in--
(A) the budgetary requirements for such projects;
(B) the schedule of such projects; and
(C) the scope of the projects.
SEC. 606. SECURITY REQUIREMENTS FOR UNITED STATES DIPLOMATIC FACILITIES.
(a) In General.--The following security requirements shall apply
with respect to United States diplomatic facilities and specified
personnel:
(1) Threat assessment.--
(A) Emergency action plan.--The Emergency Action
Plan (EAP) of each United States mission shall address
the threat of large explosive attacks from vehicles and
the safety of employees during such an explosive attack.
Such plan shall be reviewed and updated annually.
(B) Security environment threat list.--The Security
Environment Threat List shall contain a section that
addresses potential acts of international terrorism
against United States diplomatic facilities based on
threat identification criteria that emphasize the threat
of transnational terrorism and include the local
security environment, host government support, and other
relevant factors such as cultural realities. Such plan
shall be reviewed and updated every six months.
(2) Site selection.--
(A) In general.--In selecting a site for any new
United States diplomatic facility abroad, the Secretary
shall ensure that all United States Government personnel
at the post (except those under the command of an area
military commander) will be located on the site.
(B) Waiver authority.--
(i) In general.--Subject to clause (ii), the
Secretary of State may waive subparagraph (A) if
the Secretary, together with the head of each
agency employing personnel that would not be
located at the
[[Page 113 STAT. 1501A-455]]
site, determine that security considerations
permit and it is in the national interest of the
United States.
(ii) Chancery or consulate building.--
(I) Authority not delegable.--The
Secretary may not delegate the waiver
authority under clause (i) with respect
to a chancery or consulate building.
(II) Congressional notification.--
Not less than 15 days prior to
implementing the waiver authority under
clause (i) with respect to a chancery or
consulate building, the Secretary shall
notify the appropriate congressional
committees in writing of the waiver and
the reasons for the determination.
(iii) Report to congress.--The Secretary shall
submit to the appropriate congressional committees
an annual report of all waivers under this
subparagraph.
(3) Perimeter distance.--
(A) Requirement.--Each newly acquired United States
diplomatic facility shall be sited not less than 100
feet from the perimeter of the property on which the
facility is to be situated.
(B) Waiver authority.--
(i) In general.--Subject to clause (ii), the
Secretary of State may waive subparagraph (A) if
the Secretary determines that security
considerations permit and it is in the national
interest of the United States.
(ii) Chancery or consulate building.--
(I) Authority not delegable.--The
Secretary may not delegate the waiver
authority under clause (i) with respect
to a chancery or consulate building.
(II) Congressional notification.--
Not less than 15 days prior to
implementing the waiver authority under
subparagraph (A) with respect to a
chancery or consulate building, the
Secretary shall notify the appropriate
congressional committees in writing of
the waiver and the reasons for the
determination.
(iii) Report to congress.--The Secretary shall
submit to the appropriate congressional committees
an annual report of all waivers under this
subparagraph.
(4) Crisis management training.--
(A) Training of headquarters staff.--The appropriate
personnel of the Department of State headquarters staff
shall undertake crisis management training for mass
casualty and mass destruction incidents relating to
diplomatic facilities for the purpose of bringing about
a rapid response to such incidents from Department of
State headquarters in Washington, D.C.
(B) Training of personnel abroad.--A program of
appropriate instruction in crisis management shall be
provided to personnel at United States diplomatic
facilities abroad at least on an annual basis.
[[Page 113 STAT. 1501A-456]]
(5) Diplomatic security training.--Not later than six months
after the date of the enactment of this Act, the Secretary of
State shall--
(A) develop annual physical fitness standards for
all diplomatic security agents to ensure that the agents
are prepared to carry out all of their official
responsibilities; and
(B) provide for an independent evaluation by an
outside entity of the overall adequacy of current new
agent, in-service, and management training programs to
prepare agents to carry out the full scope of diplomatic
security responsibilities, including preventing attacks
on United States personnel and facilities.
(6) State department support.--
(A) Foreign emergency support team.--The Foreign
Emergency Support Team (FEST) of the Department of State
shall receive sufficient support from the Department,
including--
(i) conducting routine training exercises of
the FEST;
(ii) providing personnel identified to serve
on the FEST as a collateral duty;
(iii) providing personnel to assist in
activities such as security, medical relief,
public affairs, engineering, and building safety;
and
(iv) providing such additional support as may
be necessary to enable the FEST to provide support
in a post-crisis environment involving mass
casualties and physical damage.
(B) Fest aircraft.--
(i) Replacement aircraft.--The President shall
develop a plan to replace on a priority basis the
current FEST aircraft funded by the Department of
Defense with a dedicated, capable, and reliable
replacement aircraft and backup aircraft to be
operated and maintained by the Department of
Defense.
(ii) Report.--Not later than 60 days after the
date of enactment of this Act, the President shall
submit a report to the appropriate congressional
committees describing the aircraft selected
pursuant to clause (i) and the arrangements for
the funding, operation, and maintenance of such
aircraft.
(iii) Authority to lease aircraft to respond
to a terrorist attack abroad.--Subject to the
availability of appropriations, when the Attorney
General of the Department of Justice exercises the
Attorney General's authority to lease commercial
aircraft to transport equipment and personnel in
response to a terrorist attack abroad if there
have been reasonable efforts to obtain appropriate
Department of Defense aircraft and such aircraft
are unavailable, the Attorney General shall have
the authority to obtain indemnification insurance
or guarantees if necessary and appropriate.
(7) Rapid response procedures.--The Secretary of State shall
enter into a memorandum of understanding with the Secretary of
Defense setting out rapid response procedures
[[Page 113 STAT. 1501A-457]]
for mobilization of personnel and equipment of their respective
departments to provide more effective assistance in times of
emergency with respect to United States diplomatic facilities.
(8) Storage of emergency equipment and records.--All United
States diplomatic facilities shall have emergency equipment and
records required in case of an emergency situation stored at an
off-site facility.
(b) Statutory Construction.--Nothing in this section alters or
amends existing security requirements not addressed by this section.
SEC. 607. REPORT ON OVERSEAS PRESENCE.
(a) Review.--The Secretary of State shall review the findings of the
Overseas Presence Advisory Panel of the Department of State.
(b) Report.--
(1) In general.--Not later than 120 days after submission of
the Overseas Presence Advisory Panel Report, the Secretary of
State shall submit a report to the appropriate congressional
committees setting forth the results of the review conducted
under subsection (a).
(2) Elements of the report.--To the extent not addressed by
the review described in subsection (a), the report shall also--
(A) specify whether any United States diplomatic
facility should be closed because--
(i) the facility is highly vulnerable and
subject to threat of terrorist attack; and
(ii) adequate security enhancements cannot be
provided to the facility;
(B) in the event that closure of a diplomatic
facility is required, identify plans to provide secure
premises for permanent use by the United States
diplomatic mission, whether in country or in a regional
United States diplomatic facility, or for temporary
occupancy by the mission in a facility pending
acquisition of new buildings;
(C) outline the potential for reduction or transfer
of personnel or closure of missions if technology is
adequately exploited for maximum efficiencies;
(D) examine the possibility of creating regional
missions in certain parts of the world;
(E) in the case of diplomatic facilities that are
part of the Special Embassy Program, report on the
foreign policy objectives served by retaining such
missions, balancing the importance of these objectives
against the well-being of United States personnel; and
(F) examine the feasibility of opening new regional
outreach centers, modeled on the system used by the
United States Embassy in Paris, France, with each center
designed to operate--
(i) at no additional cost to the United States
Government;
(ii) with staff consisting of one or two
Foreign Service officers currently assigned to the
United States diplomatic mission in the country in
which the center is located; and
[[Page 113 STAT. 1501A-458]]
(iii) in a region of the country with high
gross domestic product (GDP), a high density
population, and a media market that not only
includes but extends beyond the region.
SEC. 608. ACCOUNTABILITY REVIEW BOARDS.
Section 301 of the Omnibus Diplomatic Security and Antiterrorism Act
of 1986 (22 U.S.C. 4831) is amended to read as follows:
``SEC. 301. ACCOUNTABILITY REVIEW BOARDS.
``(a) In General.--
``(1) Convening a board.--Except as provided in paragraph
(2), in any case of serious injury, loss of life, or significant
destruction of property at, or related to, a United States
Government mission abroad, and in any case of a serious breach
of security involving intelligence activities of a foreign
government directed at a United States Government mission
abroad, which is covered by the provisions of titles I through
IV (other than a facility or installation subject to the control
of a United States area military commander), the Secretary of
State shall convene an Accountability Review Board (in this
title referred to as the `Board'). The Secretary shall not
convene a Board where the Secretary determines that a case
clearly involves only causes unrelated to security.
``(2) Department of defense facilities and personnel.--The
Secretary of State is not required to convene a Board in the
case of an incident described in paragraph (1) that involves any
facility, installation, or personnel of the Department of
Defense with respect to which the Secretary has delegated
operational control of overseas security functions to the
Secretary of Defense pursuant to section 106 of this Act. In any
such case, the Secretary of Defense shall conduct an appropriate
inquiry. The Secretary of Defense shall report the findings and
recommendations of such inquiry, and the action taken with
respect to such recommendations, to the Secretary of State and
Congress.
``(b) Deadlines for convening boards.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary of State shall convene a Board not later than 60 days
after the occurrence of an incident described in subsection
(a)(1), except that such 60-day period may be extended for one
additional 60-day period if the Secretary determines that the
additional period is necessary for the convening of the Board.
``(2) Delay in cases involving intelligence activities.--
With respect to breaches of security involving intelligence
activities, the Secretary of State may delay the establishment
of a Board if, after consultation with the chairman of the
Select Committee on Intelligence of the Senate and the chairman
of the Permanent Select Committee on Intelligence of the House
of Representatives, the Secretary determines that the
establishment of a Board would compromise intelligence sources
or methods. The Secretary shall promptly advise the chairmen of
such committees of each determination pursuant to this paragraph
to delay the establishment of a Board.
``(c) Notification to Congress.--Whenever the Secretary of State
convenes a Board, the Secretary shall promptly inform the
[[Page 113 STAT. 1501A-459]]
chairman of the Committee on Foreign Relations of the Senate and the
Speaker of the House of Representatives--
``(1) that a Board has been convened;
``(2) of the membership of the Board; and
``(3) of other appropriate information about the Board.''.
SEC. 609. INCREASED ANTI-TERRORISM TRAINING IN AFRICA.
Not later than six months after the date of the enactment of this
Act, the Secretary of State, in consultation with the Secretary of the
Treasury and the Attorney General, shall submit a report to the
appropriate congressional committees on a proposed operational plan and
site selection to expeditiously establish an International Law
Enforcement Academy (ILEA) on the continent of Africa in order to
increase training and cooperation on the continent in anti-terrorism and
transnational crime fighting.
TITLE VII--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS
Subtitle A--International Organizations Other than the United Nations
SEC. 701. CONFORMING AMENDMENTS TO REFLECT REDESIGNATION OF CERTAIN
INTERPARLIAMENTARY GROUPS.
(a) Transatlantic Legislators' Dialogue.--Section 109(c) of the
Department of State Authorization Act, Fiscal Years 1984 and 1985 (22
U.S.C. 276 note) is amended by striking ``United States-European
Community Interparliamentary Group'' and inserting ``Transatlantic
Legislators' Dialogue (United States-European Union Interparliamentary
Group)''.
(b) NATO Parliamentary Assembly--
(1) In general.--The joint resolution entitled ``Joint
Resolution to authorize participation by the United States in
parliamentary conferences of the North Atlantic Treaty
Organization'', approved July 11, 1956 (22 U.S.C. 1928a et
seq.), is amended in sections 2, 3, and 4 (22 U.S.C. 1928b,
1928c, and 1928d, respectively) by striking ``North Atlantic
Assembly'' each place it appears and inserting ``NATO
Parliamentary Assembly''.
(2) Conforming amendment.--Section 105(b) of the Legislative
Branch Appropriation Act, 1961 (22 U.S.C. 276c-1) is amended by
striking ``North Atlantic Assembly'' and inserting ``NATO
Parliamentary Assembly''.
(3) References.--In the case of any provision of law having
application on or after May 31, 1999 (other than a provision of
law specified in subparagraphs (A) or (B)), any reference
contained in that provision to the North Atlantic Assembly
shall, on and after that date, be considered to be a reference
to the NATO Parliamentary Assembly.
SEC. 702. AUTHORITY OF THE INTERNATIONAL BOUNDARY AND WATER COMMISSION
TO ASSIST STATE AND LOCAL GOVERNMENTS.
(a) Authority.--The Commissioner of the United States section of the
International Boundary and Water Commission may provide
[[Page 113 STAT. 1501A-460]]
technical tests, evaluations, information, surveys, or others similar
services to State or local governments upon the request of such State or
local government on a reimbursable basis.
(b) Reimbursements.--Reimbursements shall be paid in advance of the
goods or services ordered and shall be for the estimated or actual cost
as determined by the United States section of the International Boundary
and Water Commission. Proper adjustment of amounts paid in advance shall
be made as determined by the United States section of the International
Boundary and Water Commission on the basis of the actual cost of goods
or services provided. Reimbursements received by the United States
section of the International Boundary and Water Commission for providing
services under this section shall be credited to the appropriation from
which the cost of providing the services is charged.
SEC. 703. INTERNATIONAL BOUNDARY AND WATER COMMISSION.
Section 2(b) of the American-Mexican Chamizal Convention Act of 1964
(Public Law 88-300; 22 U.S.C. 277d-18(b)) is amended by inserting
``operations, maintenance, and'' after ``cost of''.
SEC. 704. SEMIANNUAL REPORTS ON UNITED STATES SUPPORT FOR MEMBERSHIP OR
PARTICIPATION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS.
(a) Reports Required.--Not later than 60 days after the date of
enactment of this Act, and every 6 months thereafter for fiscal years
2000 and 2001, the Secretary of State shall submit to Congress a report
in a classified and unclassified manner on the status of efforts by the
United States Government to support--
(1) the membership of Taiwan in international organizations
that do not require statehood as a prerequisite to such
membership; and
(2) the appropriate level of participation by Taiwan in
international organizations that may require statehood as a
prerequisite to full membership.
(b) Report Elements.--Each report under subsection (a) shall--
(1) set forth a comprehensive list of the international
organizations in which the United States Government supports the
membership or participation of Taiwan;
(2) describe in detail the efforts of the United States
Government to achieve the membership or participation of Taiwan
in each organization listed; and
(3) identify the obstacles to the membership or
participation of Taiwan in each organization listed, including a
list of any governments that do not support the membership or
participation of Taiwan in each such organization.
SEC. 705. RESTRICTION RELATING TO UNITED STATES ACCESSION TO THE
INTERNATIONAL CRIMINAL COURT.
(a) Prohibition.--The United States shall not become a party to the
International Criminal Court except pursuant to a treaty made under
Article II, section 2, clause 2 of the Constitution of the United States
on or after the date of enactment of this Act.
(b) Prohibition.--None of the funds authorized to be appropriated by
this or any other Act may be obligated for use by, or for support of,
the International Criminal Court unless the United States has become a
party to the Court pursuant to a treaty made under Article II, section
2, clause 2 of the Constitution
[[Page 113 STAT. 1501A-461]]
of the United States on or after the date of enactment of this Act.
(c) International Criminal Court Defined.--In this section, the term
``International Criminal Court'' means the court established by the Rome
Statute of the International Criminal Court, adopted by the United
Nations Diplomatic Conference of Plenipotentiaries on the Establishment
of an International Criminal Court on July 17, 1998.
SEC. 706. PROHIBITION ON EXTRADITION OR TRANSFER OF UNITED STATES
CITIZENS TO THE INTERNATIONAL CRIMINAL COURT.
(a) Prohibition on Extradition.--None of the funds authorized to be
appropriated or otherwise made available by this or any other Act may be
used to extradite a United States citizen to a foreign country that is
under an obligation to surrender persons to the International Criminal
Court unless that foreign country confirms to the United States that
applicable prohibitions on reextradition apply to such surrender or
gives other satisfactory assurances to the United States that the
country will not extradite or otherwise transfer that citizen to the
International Criminal Court.
(b) Prohibition on Consent to Extradition by Third Countries.--None
of the funds authorized to be appropriated or otherwise made available
by this or any other Act may be used to provide consent to the
extradition or transfer of a United States citizen by a foreign country
to a third country that is under an obligation to surrender persons to
the International Criminal Court, unless the third country confirms to
the United States that applicable prohibitions on reextradition apply to
such surrender or gives other satisfactory assurances to the United
States that the third country will not extradite or otherwise transfer
that citizen to the International Criminal Court.
(c) Definition.--In this section, the term ``International Criminal
Court'' has the meaning given the term in section 705(c) of this Act.
SEC. 707. REQUIREMENT FOR REPORTS REGARDING FOREIGN TRAVEL.
Section 2505 of the Foreign Affairs Reform and Restructuring Act of
1998 (as contained in division G of Public Law 105-277) is amended--
(1) in subsection (a), by striking ``by this division for
fiscal year 1999'' and inserting ``for the Department of State
for fiscal year 2000 or 2001''; and
(2) in subsection (d), by striking ``not later than April 1,
1999,'' and inserting ``on January 31 of the years 2000 and 2001
and July 31 of the years 2000 and 2001,''.
SEC. 708. UNITED STATES REPRESENTATION AT THE INTERNATIONAL ATOMIC
ENERGY AGENCY.
(a) Amendment to the United Nations Participation Act of 1945.--
Section 2(h) of the United Nations Participation Act of 1945 (22 U.S.C.
287(h)) is amended by adding at the end the following new sentence:
``The representative of the United States to the Vienna office of the
United Nations shall also serve as representative of the United States
to the International Atomic Energy Agency.''.
[[Page 113 STAT. 1501A-462]]
(b) Amendment to the IAEA Participation Act of 1957.--Section 2(a)
of the International Atomic Energy Agency Participation Act of 1957 (22
U.S.C. 2021(a)) is amended by adding at the end the following new
sentence: ``The Representative of the United States to the Vienna office
of the United Nations shall also serve as representative of the United
States to the Agency.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to individuals appointed on or after the date of enactment
of this Act.
Subtitle B--United Nations Activities
SEC. 721. UNITED NATIONS POLICY ON ISRAEL AND THE PALESTINIANS.
(a) Congressional Statement.--It shall be the policy of the United
States to promote an end to the persistent inequity experienced by
Israel in the United Nations whereby Israel is the only longstanding
member of the organization to be denied acceptance into any of the
United Nations regional blocs.
(b) Policy on Abolition of Certain United Nations Groups.--It shall
be the policy of the United States to seek the abolition of certain
United Nations groups the existence of which is inimical to the ongoing
Middle East peace process, those groups being the Special Committee to
Investigate Israeli Practices Affecting the Human Rights of the
Palestinian People and other Arabs of the Occupied Territories; the
Committee on the Exercise of the Inalienable Rights of the Palestinian
People; the Division for the Palestinian Rights; and the Division on
Public Information on the Question of Palestine.
(c) Annual Reports.--On January 15 of each year, the Secretary of
State shall submit a report to the appropriate congressional committees
(in classified or unclassified form as appropriate) on--
(1) actions taken by representatives of the United States to
encourage the nations of the Western Europe and Others Group
(WEOG) to accept Israel into their regional bloc;
(2) other measures being undertaken, and which will be
undertaken, to ensure and promote Israel's full and equal
participation in the United Nations; and
(3) steps taken by the United States under subsection (b) to
secure abolition by the United Nations of groups described in
that subsection.
(d) Annual Consultation.--At the time of the submission of each
annual report under subsection (c), the Secretary of State shall consult
with the appropriate congressional committees on specific responses
received by the Secretary of State from each of the nations of the
Western Europe and Others Group (WEOG) on their position concerning
Israel's acceptance into their organization.
SEC. 722. DATA ON COSTS INCURRED IN SUPPORT OF UNITED NATIONS
PEACEKEEPING OPERATIONS.
Chapter 6 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2348 et seq.) is amended by adding at the end the following:
[[Page 113 STAT. 1501A-463]]
``SEC. 554. DATA ON COSTS INCURRED IN SUPPORT OF UNITED NATIONS
PEACEKEEPING OPERATIONS.
``(a) United States Costs.--The President shall annually provide to
the Secretary General of the United Nations data regarding all costs
incurred by the United States Department of Defense during the preceding
year in support of all United Nations Security Council resolutions as
reported to the Congress pursuant to section 8079 of the Department of
Defense Appropriations Act, 1998.
``(b) United Nations Member Costs.--The President shall request that
the United Nations compile and publish information concerning costs
incurred by United Nations members in support of such resolutions.''.
SEC. 723. REIMBURSEMENT FOR GOODS AND SERVICES PROVIDED BY THE UNITED
STATES TO THE UNITED NATIONS.
The United Nations Participation Act of 1945 (22 U.S.C. 287 et seq.)
is amended by adding at the end the following new section:
``SEC. 10. REIMBURSEMENT FOR GOODS AND SERVICES PROVIDED BY THE UNITED
STATES TO THE UNITED NATIONS.
``(a) Requirement To Obtain Reimbursement.--
``(1) In general.--Except as provided in paragraph (2), the
President shall seek and obtain in a timely fashion a commitment
from the United Nations to provide reimbursement to the United
States from the United Nations whenever the United States
Government furnishes assistance pursuant to the provisions of
law described in subsection (c)--
``(A) to the United Nations when the assistance is
designed to facilitate or assist in carrying out an
assessed peacekeeping operation;
``(B) for any United Nations peacekeeping operation
that is authorized by the United Nations Security
Council under Chapter VI or Chapter VII of the United
Nations Charter and paid for by peacekeeping or regular
budget assessment of the United Nations members; or
``(C) to any country participating in any operation
authorized by the United Nations Security Council under
Chapter VI or Chapter VII of the United Nations Charter
and paid for by peacekeeping assessments of United
Nations members when the assistance is designed to
facilitate or assist the participation of that country
in the operation.
``(2) Exceptions.--
``(A) In general.--The requirement in paragraph (1)
shall not apply to--
``(i) goods and services provided to the
United States Armed Forces;
``(ii) assistance having a value of less than
$3,000,000 per fiscal year per operation;
``(iii) assistance furnished before the date
of enactment of this section;
``(iv) salaries and expenses of civilian
police and other civilian and military monitors
where United Nations policy is to require payment
by contributing members for similar assistance to
United Nations peacekeeping operations; or
[[Page 113 STAT. 1501A-464]]
``(v) any assistance commitment made before
the date of enactment of this section.
``(B) Deployments of united states military
forces.-- The requirements of subsection (d)(1)(B) shall
not apply to the deployment of United States military
forces when the President determines that such
deployment is important to the security interests of the
United States. The cost of such deployment shall be
included in the data provided under section 554 of the
Foreign Assistance Act of 1961.
``(3) Form and amount.--
``(A) Amount.--The amount of any reimbursement under
this subsection shall be determined at the usual rate
established by the United Nations.
``(B) Form.--Reimbursement under this subsection may
include credits against the United States assessed
contributions for United Nations peacekeeping
operations, if the expenses incurred by any United
States department or agency providing the assistance
have first been reimbursed.
``(b) Treatment of Reimbursements.--
``(1) Credit.--The amount of any reimbursement paid the
United States under subsection (a) shall be credited to the
current applicable appropriation, fund, or account of the United
States department or agency providing the assistance for which
the reimbursement is paid.
``(2) Availability.--Amounts credited under paragraph (1)
shall be merged with the appropriations, or with appropriations
in the fund or account, to which credited and shall be available
for the same purposes, and subject to the same conditions and
limitations, as the appropriations with which merged.
``(c) Covered Assistance.--Subsection (a) applies to assistance
provided under the following provisions of law:
``(1) Sections 6 and 7 of this Act.
``(2) Sections 451, 506(a)(1), 516, 552(c), and 607 of the
Foreign Assistance Act of 1961.
``(3) Any other provisions of law pursuant to which
assistance is provided by the United States to carry out the
mandate of an assessed United Nations peacekeeping operation.
``(d) Waiver.--
``(1) Authority.--
``(A) In general.--The President may authorize the
furnishing of assistance covered by this section without
regard to subsection (a) if the President determines,
and so notifies in writing the Committee on Foreign
Relations of the Senate and the Speaker of the House of
Representatives, that to do so is important to the
security interests of the United States.
``(B) Congressional notification.--When exercising
the authorities of subparagraph (A), the President shall
notify the Committee on Foreign Relations of the Senate
and the Committee on International Relations of the
House of Representatives in accordance with the
procedures applicable to reprogramming notifications
under section 634A of the Foreign Assistance Act of
1961.
``(2) Congressional review.--Notwithstanding a notice under
paragraph (1) with respect to assistance covered by this
[[Page 113 STAT. 1501A-465]]
section, subsection (a) shall apply to the furnishing of the
assistance if, not later than 15 calendar days after receipt of
a notification under that paragraph, the Congress enacts a joint
resolution disapproving the determination of the President
contained in the notification.
``(3) Senate procedures.--Any joint resolution described in
paragraph (2) shall be considered in the Senate in accordance
with the provisions of section 601(b) of the International
Security Assistance and Arms Export Control Act of 1976.
``(e) Relationship to Other Reimbursement Authority.--Nothing in
this section shall preclude the President from seeking reimbursement for
assistance covered by this section that is in addition to the
reimbursement sought for the assistance under subsection (a).
``(f) Definition.--In this section, the term `assistance' includes
personnel, services, supplies, equipment, facilities, and other
assistance if such assistance is provided by the Department of Defense
or any other United States Government agency.''.
SEC. 724. CODIFICATION OF REQUIRED NOTICE OF PROPOSED UNITED NATIONS
PEACEKEEPING OPERATIONS.
(a) Codification.--Section 4 of the United Nations Participation Act
of 1945 (22 U.S.C. 287b) is amended--
(1) in subsection (a), by striking the second sentence; and
(2) by striking subsection (e) and inserting the following:
``(e) Consultations and Reports on United Nations Peacekeeping
Operations.--
``(1) Consultations.--Each month the President shall consult
with Congress on the status of United Nations peacekeeping
operations.
``(2) Information to be provided.--In connection with such
consultations, the following information shall be provided each
month to the designated congressional committees:
``(A) With respect to ongoing United Nations
peacekeeping operations, the following:
``(i) A list of all resolutions of the United
Nations Security Council anticipated to be voted
on during such month that would extend or change
the mandate of any United Nations peacekeeping
operation.
``(ii) For each such operation, any changes in
the duration, mandate, and command and control
arrangements that are anticipated as a result of
the adoption of the resolution.
``(iii) An estimate of the total cost to the
United Nations of each such operation for the
period covered by the resolution, and an estimate
of the amount of that cost that will be assessed
to the United States.
``(iv) Any anticipated significant changes in
United States participation in or support for each
such operation during the period covered by the
resolution (including the provision of facilities,
training, transportation, communication, and
logistical support, but not including intelligence
activities reportable under title V of the
National Security Act of 1947 (50 U.S.C. 413 et
seq.)), and the estimated costs to the United
States of such changes.
[[Page 113 STAT. 1501A-466]]
``(B) With respect to each new United Nations
peacekeeping operation that is anticipated to be
authorized by a Security Council resolution during such
month, the following information for the period covered
by the resolution:
``(i) The anticipated duration, mandate, and
command and control arrangements of such
operation, the planned exit strategy, and the
vital national interest to be served.
``(ii) An estimate of the total cost to the
United Nations of the operation, and an estimate
of the amount of that cost that will be assessed
to the United States.
``(iii) A description of the functions that
would be performed by any United States Armed
Forces participating in or otherwise operating in
support of the operation, an estimate of the
number of members of the Armed Forces that will
participate in or otherwise operate in support of
the operation, and an estimate of the cost to the
United States of such participation or support.
``(iv) A description of any other United
States assistance to or support for the operation
(including the provision of facilities, training,
transportation, communication, and logistical
support, but not including intelligence activities
reportable under title V of the National Security
Act of 1947 (50 U.S.C. 413 et seq.)), and an
estimate of the cost to the United States of such
assistance or support.
``(v) A reprogramming of funds pursuant to
section 34 of the State Department Basic
Authorities Act of 1956, submitted in accordance
with the procedures set forth in such section,
describing the source of funds that will be used
to pay for the cost of the new United Nations
peacekeeping operation, provided that such
notification shall also be submitted to the
Committee on Appropriations of the House of
Representatives and the Committee on
Appropriations of the Senate.
``(3) Form and timing of information.--
``(A) Form.--The President shall submit information
under clauses (i) and (iii) of paragraph (2)(A) in
writing.
``(B) Timing.--
``(i) Ongoing operations.--The information
required under paragraph (2)(A) for a month shall
be submitted not later than the 10th day of the
month.
``(ii) New operations.--The information
required under paragraph (2)(B) shall be submitted
in writing with respect to each new United Nations
peacekeeping operation not less than 15 days
before the anticipated date of the vote on the
resolution concerned unless the President
determines that exceptional circumstances prevent
compliance with the requirement to report 15 days
in advance. If the President makes such a
determination, the information required under
paragraph (2)(B) shall be submitted as far in
advance of the vote as is practicable.
``(4) New united nations peacekeeping operation defined.--As
used in paragraph (2), the term `new United
[[Page 113 STAT. 1501A-467]]
Nations peacekeeping operation' includes any existing or
otherwise ongoing United Nations peacekeeping operation--
``(A) where the authorized force strength is to be
expanded;
``(B) that is to be authorized to operate in a
country in which it was not previously authorized to
operate; or
``(C) the mandate of which is to be changed so that
the operation would be engaged in significant additional
or significantly different functions.
``(5) Notification and quarterly reports regarding united
states assistance.--
``(A) Notification of certain assistance.--
``(i) In general.--The President shall notify
the designated congressional committees at least
15 days before the United States provides any
assistance to the United Nations to support
peacekeeping operations.
``(ii) Exception.--This subparagraph does not
apply to--
``(I) assistance having a value of
less than $3,000,000 in the case of
nonreimbursable assistance or less than
$14,000,000 in the case of reimbursable
assistance; or
``(II) assistance provided under the
emergency drawdown authority of sections
506(a)(1) and 552(c)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C.
2318(a)(1) and 2348a(c)(2)).
``(B) Quarterly reports.--
``(i) In general.--The President shall submit
quarterly reports to the designated congressional
committees on all assistance provided by the
United States during the preceding calendar
quarter to the United Nations to support
peacekeeping operations.
``(ii) Matters included.--Each report under
this subparagraph shall describe the assistance
provided for each such operation, listed by
category of assistance.
``(iii) Fourth quarter report.--The report
under this subparagraph for the fourth calendar
quarter of each year shall be submitted as part of
the annual report required by subsection (d) and
shall include cumulative information for the
preceding calendar year.
``(f) Designated Congressional Committees.--In this section, the
term `designated congressional committees' means the Committee on
Foreign Relations and the Committee on Appropriations of the Senate and
the Committee on International Relations and the Committee on
Appropriations of the House of Representatives.''.
(2) Conforming repeal.--Subsection (a) of section 407 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
(Public Law 103-236; 22 U.S.C. 287b note; 108 Stat. 448) is
repealed.
(b) Relationship to Other Notice Requirements.--Section 4 of the
United Nations Participation Act of 1945, as amended by subsection (a),
is further amended by adding at the end the following:
[[Page 113 STAT. 1501A-468]]
``(g) Relationship to Other Notification Requirements.--Nothing in
this section is intended to alter or supersede any notification
requirement with respect to peacekeeping operations that is established
under any other provision of law.''.
TITLE VIII--MISCELLANEOUS PROVISIONS
Subtitle A--General Provisions
SEC. 801. DENIAL OF ENTRY INTO UNITED STATES OF FOREIGN NATIONALS
ENGAGED IN ESTABLISHMENT OR ENFORCEMENT OF FORCED ABORTION
OR STERILIZATION POLICY.
(a) Denial of Entry.--Notwithstanding any other provision of law,
the Secretary of State may not issue any visa to, and the Attorney
General may not admit to the United States, any foreign national whom
the Secretary finds, based on credible and specific information, to have
been directly involved in the establishment or enforcement of population
control policies forcing a woman to undergo an abortion against her free
choice or forcing a man or woman to undergo sterilization against his or
her free choice, unless the Secretary has substantial grounds for
believing that the foreign national has discontinued his or her
involvement with, and support for, such policies.
(b) Exceptions.--The prohibitions in subsection (a) shall not apply
in the case of a foreign national who is a head of state, head of
government, or cabinet level minister.
(c) Waiver.--The Secretary of State may waive the prohibitions in
subsection (a) with respect to a foreign national if the Secretary--
(1) determines that it is important to the national interest
of the United States to do so; and
(2) provides written notification to the appropriate
congressional committees containing a justification for the
waiver.
SEC. 802. TECHNICAL CORRECTIONS.
(a) Section 1422(b)(3)(B) of the Foreign Affairs Reform and
Restructuring Act (as contained in division G of Public Law 105-277; 112
Stat. 2681-792) is amended by striking ``divisionAct'' and inserting
``division''.
(b) Section 1002(a) of the Foreign Affairs Reform and Restructuring
Act (as contained in division G of Public Law 105-277; 112 Stat. 2681-
762) is amended by striking paragraph (3).
(c) The table of contents of division G of Public Law 105-277 (112
Stat. 2681-762) is amended by striking ``division__'' and inserting
``division g''.
(d) Section 305 of Public Law 97-446 (19 U.S.C 2604) is amended in
the first sentence by striking ``Secretary'' the first place it appears
and inserting ``Secretary, in consultation with the Secretary of
State,''.
SEC. 803. REPORTS WITH RESPECT TO A REFERENDUM ON WESTERN SAHARA.
(a) Reports Required.--
(1) In general.--Not later than each of the dates specified
in paragraph (2), the Secretary of State shall submit a report
to the appropriate congressional committees describing specific
[[Page 113 STAT. 1501A-469]]
steps being taken by the Government of Morocco and by the
Popular Front for the Liberation of Saguia el-Hamra and Rio de
Oro (POLISARIO) to ensure that a free, fair, and transparent
referendum in which the people of the Western Sahara will choose
between independence and integration with Morocco will be held
by July 2000.
(2) Deadlines for submission of reports.--The dates referred
to in paragraph (1) are January 1, 2000, and June 1, 2000.
(b) Report Elements.--The report shall include--
(1) a description of preparations for the referendum,
including the extent to which free access to the territory for
independent international organizations, including election
observers and international media, will be guaranteed;
(2) a description of current efforts by the Department of
State to ensure that a referendum will be held by July 2000;
(3) an assessment of the likelihood that the July 2000 date
will be met;
(4) a description of obstacles, if any, to the voter
registration process and other preparations for the referendum,
and efforts being made by the parties and the United States
Government to overcome those obstacles; and
(5) an assessment of progress being made in the repatriation
process.
SEC. 804. REPORTING REQUIREMENTS UNDER PLO COMMITMENTS COMPLIANCE ACT OF
1989.
The PLO Commitments Compliance Act of 1989 is amended --
(1) in section 804(b), by striking ``In conjunction with
each written policy justification required under section
604(b)(1) of the Middle East Peace Facilitation Act of 1995 or
every'' and inserting ``Every'';
(2) in section 804(b)--
(A) by striking ``and'' at the end of paragraph (9);
(B) by striking the period at the end of paragraph
(10); and
(C) by adding at the end the following new
paragraphs:
``(11) a statement on the effectiveness of end-use
monitoring of international or United States aid being provided
to the Palestinian Authority, Palestinian Liberation
Organization, or the Palestinian Legislative Council, or to any
other agent or instrumentality of the Palestinian Authority, on
Palestinian efforts to comply with international accounting
standards and on enforcement of anti-corruption measures; and
``(12) a statement on compliance by the Palestinian
Authority with the democratic reforms, with specific details
regarding the separation of powers called for between the
executive and Legislative Council, the status of legislation
passed by the Legislative Council and sent to the executive, the
support of the executive for local and municipal elections, the
status of freedom of the press, and of the ability of the press
to broadcast debate from within the Legislative Council and
about the activities of the Legislative Council.''.
[[Page 113 STAT. 1501A-470]]
SEC. 805. REPORT ON TERRORIST ACTIVITY IN WHICH UNITED STATES CITIZENS
WERE KILLED AND RELATED MATTERS.
(a) In General.--Not later than 6 months after the date of enactment
of this Act and every 6 months thereafter until October 1, 2001, the
Secretary of State shall prepare and submit a report, with a classified
annex as necessary, to the appropriate congressional committees
regarding terrorist attacks in Israel, in territory administered by
Israel, and in territory administered by the Palestinian Authority. The
report shall contain the following information:
(1) A list of formal commitments the Palestinian Authority
has made to combat terrorism.
(2) A list of terrorist attacks, occurring between September
13, 1993 and the date of the report, against United States
citizens in Israel, in territory administered by Israel, or in
territory administered by the Palestinian Authority, including--
(A) a list of all citizens of the United States
killed or injured in such attacks;
(B) the date of each attack and the total number of
people killed or injured in each attack;
(C) the person or group claiming responsibility for
the attack and where such person or group has found
refuge or support;
(D) a list of suspects implicated in each attack and
the nationality of each suspect, including information
on--
(i) which suspects are in the custody of the
Palestinian Authority and which suspects are in
the custody of Israel;
(ii) which suspects are still at large in
areas controlled by the Palestinian Authority or
Israel; and
(iii) the whereabouts (or suspected
whereabouts) of suspects implicated in each
attack.
(3) Of the suspects implicated in the attacks described in
paragraph (2) and detained by Palestinian or Israeli
authorities, information on--
(A) the date each suspect was incarcerated;
(B) whether any suspects have been released, the
date of such release, and whether any released suspect
was implicated in subsequent acts of terrorism; and
(C) the status of each case pending against a
suspect, including information on whether the suspect
has been indicted, prosecuted, or convicted by the
Palestinian Authority or Israel.
(4) The policy of the Department of State with respect to
offering rewards for information on terrorist suspects,
including any information on whether a reward has been posted
for suspects involved in terrorist attacks listed in the report.
(5) A list of each request by the United States for
assistance in investigating terrorist attacks listed in the
report, a list of each request by the United States for the
transfer of terrorist suspects from the Palestinian Authority
and Israel since September 13, 1993, and the response to each
request from the Palestinian Authority and Israel.
(6) A description of efforts made by United States officials
since September 13, 1993 to bring to justice perpetrators of
terrorist acts against United States citizens as listed in the
report.
[[Page 113 STAT. 1501A-471]]
(7) A list of any terrorist suspects in these cases who are
members of Palestinian police or security forces, the Palestine
Liberation Organization, or any Palestinian governing body.
(8) A list of all United States citizens killed or injured
in terrorist attacks in Israel or in territory administered by
Israel between 1950 and September 13, 1993, to include in each
case, where such information is reasonably available, any stated
claim of responsibility and the resolution or disposition of
each case, except that this list shall be submitted only once
with the initial report required under this section unless
additional relevant information on these cases becomes
available.
(b) Consultation with Other Departments.--The Secretary of State
shall, in preparing the report required by this section, consult and
coordinate with all other Government officials who have information
necessary to complete the report. Nothing contained in this section
shall require the disclosure, on a classified or unclassified basis, of
information that would jeopardize sensitive sources and methods or other
vital national security interests or jeopardize ongoing criminal
investigations or proceedings.
(c) Initial Report.--Except as provided in subsection (a)(8), the
initial report filed under this section shall cover the period between
September 13, 1993 and the date of the report.
SEC. 806. ANNUAL REPORTING ON WAR CRIMES, CRIMES AGAINST HUMANITY, AND
GENOCIDE.
(a) Section 116 of Foreign Assistance Act of 1961.--Section 116(d)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``and''; and
(3) by adding at the end the following:
``(8) wherever applicable, consolidated information
regarding the commission of war crimes, crimes against humanity,
and evidence of acts that may constitute genocide (as defined in
article 2 of the Convention on the Prevention and Punishment of
the Crime of Genocide and modified by the United States
instrument of ratification to that convention and section 2(a)
of the Genocide Convention Implementation Act of 1987).''.
(b) Section 502B of the Foreign Assistance Act of 1961.--Section
502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)) is
amended by inserting after the first sentence the following: ``Wherever
applicable, such report shall include consolidated information regarding
the commission of war crimes, crimes against humanity, and evidence of
acts that may constitute genocide (as defined in article 2 of the
Convention on the Prevention and Punishment of the Crime of Genocide and
modified by the United States instrument of ratification to that
convention and section 2(a) of the Genocide Convention Implementation
Act of 1987).''.
[[Page 113 STAT. 1501A-472]]
Subtitle B--North Korea Threat Reduction
SEC. 821. SHORT TITLE.
This subtitle may be cited as the ``North Korea Threat Reduction Act
of 1999''.
SEC. 822. RESTRICTIONS ON NUCLEAR COOPERATION WITH NORTH KOREA.
(a) In General.--Notwithstanding any other provision of law or any
international agreement, no agreement for cooperation (as defined in
sec. 11 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2014 b.)) between
the United States and North Korea may become effective, no license may
be issued for export directly or indirectly to North Korea of any
nuclear material, facilities, components, or other goods, services, or
technology that would be subject to such agreement, and no approval may
be given for the transfer or retransfer directly or indirectly to North
Korea of any nuclear material, facilities, components, or other goods,
services, or technology that would be subject to such agreement, until
the President determines and reports to the Committee on International
Relations of the House of Representatives and the Committee on Foreign
Relations of the Senate that--
(1) North Korea has come into full compliance with its
safeguards agreement with the IAEA (INFCIRC/403), and has taken
all steps that have been deemed necessary by the IAEA in this
regard;
(2) North Korea has permitted the IAEA full access to all
additional sites and all information (including historical
records) deemed necessary by the IAEA to verify the accuracy and
completeness of North Korea's initial report of May 4, 1992, to
the IAEA on all nuclear sites and material in North Korea;
(3) North Korea is in full compliance with its obligations
under the Agreed Framework;
(4) North Korea has consistently taken steps to implement
the Joint Declaration on Denuclearization, and is in full
compliance with its obligations under numbered paragraphs 1, 2,
and 3 of the Joint Declaration on Denuclearization (excluding in
the case of numbered paragraph 3 facilities frozen pursuant to
the Agreed Framework);
(5) North Korea does not have uranium enrichment or nuclear
reprocessing facilities (excluding facilities frozen pursuant to
the Agreed Framework), and is making no significant progress
toward acquiring or developing such facilities;
(6) North Korea does not have nuclear weapons and is making
no significant effort to acquire, develop, test, produce, or
deploy such weapons; and
(7) the transfer to North Korea of key nuclear components,
under the proposed agreement for cooperation with North Korea
and in accordance with the Agreed Framework, is in the national
interest of the United States.
(b) Construction.--The restrictions contained in subsection (a)
shall apply in addition to all other applicable procedures,
requirements, and restrictions contained in the Atomic Energy Act of
1954 and other laws.
[[Page 113 STAT. 1501A-473]]
SEC. 823. DEFINITIONS.
In this subtitle:
(1) Agreed framework.--The term ``Agreed Framework'' means
the ``Agreed Framework Between the United States of America and
the Democratic People's Republic of Korea'', signed in Geneva on
October 21, 1994, and the Confidential Minute to that Agreement.
(2) IAEA.--The term ``IAEA'' means the International Atomic
Energy Agency.
(3) North korea.--The term ``North Korea'' means the
Democratic People's Republic of Korea.
(4) Joint declaration on denuclearization.--The term ``Joint
Declaration on Denuclearization'' means the Joint Declaration on
the Denuclearization of the Korean Peninsula, issued by the
Republic of Korea and the Democratic People's Republic of Korea
on January 1, 1992.
Subtitle C--People's Republic of China
SEC. 871. FINDINGS.
Congress makes the following findings:
(1) Congress concurs in the conclusions of the Department of
State, as set forth in the Country Reports on Human Rights
Practices for 1998, on human rights in the People's Republic of
China in 1998 as follows:
(A) ``The People's Republic of China (PRC) is an
authoritarian state in which the Chinese Communist Party
(CCP) is the paramount source of power. . . . Citizens
lack both the freedom peacefully to express opposition
to the party-led political system and the right to
change their national leaders or form of government.''.
(B) ``The Government continued to commit widespread
and well-documented human rights abuses, in violation of
internationally accepted norms. These abuses stemmed
from the authorities' very limited tolerance of public
dissent aimed at the Government, fear of unrest, and the
limited scope or inadequate implementation of laws
protecting basic freedoms.''.
(C) ``Abuses included instances of extrajudicial
killings, torture and mistreatment of prisoners, forced
confessions, arbitrary arrest and detention, lengthy
incommunicado detention, and denial of due process.''.
(D) ``Prison conditions at most facilities remained
harsh. . . . The Government infringed on citizens'
privacy rights. The Government continued restrictions on
freedom of speech and of the press, and tightened these
toward the end of the year. The Government severely
restricted freedom of assembly, and continued to
restrict freedom of association, religion, and
movement.''.
(E) ``Discrimination against women, minorities, and
the disabled; violence against women, including coercive
family planning practices--which sometimes include
forced abortion and forced sterilization; prostitution,
trafficking in women and children, and the abuse of
children all are problems.''.
[[Page 113 STAT. 1501A-474]]
(F) ``The Government continued to restrict tightly
worker rights, and forced labor remains a problem.''.
(G) ``Serious human rights abuses persisted in
minority areas, including Tibet and Xinjiang, where
restrictions on religion and other fundamental freedoms
intensified.''.
(H) ``Unapproved religious groups, including
Protestant and Catholic groups, continued to experience
varying degrees of official interference and
repression.''.
(I) ``Although the Government denies that it holds
political or religious prisoners, and argues that all
those in prison are legitimately serving sentences for
crimes under the law, an unknown number of persons,
estimated at several thousand, are detained in violation
of international human rights instruments for peacefully
expressing their political, religious, or social
views.''.
(2) In addition to the State Department, credible press
reports and human rights organizations have documented an
intense crackdown on political activists by the Government of
the People's Republic of China, involving the harassment,
detainment, arrest, and imprisonment of dozens of activists.
(3) The People's Republic of China, as a member of the
United Nations, is expected to abide by the provisions of the
Universal Declaration of Human Rights.
(4) The People's Republic of China is a party to numerous
international human rights conventions, including the Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, and is a signatory to the International Covenant
on Civil and Political Rights and the Covenant on Economic,
Social, and Cultural Rights.
SEC. 872. FUNDING FOR ADDITIONAL PERSONNEL AT DIPLOMATIC POSTS TO REPORT
ON POLITICAL, ECONOMIC, AND HUMAN RIGHTS MATTERS IN THE
PEOPLE'S REPUBLIC OF CHINA.
Of the amounts authorized to be appropriated for the Department of
State by this Act, $2,200,000 for fiscal year 2000 and $2,200,000 for
fiscal year 2001 shall be made available only to support additional
personnel in the United States Embassies in Beijing and Kathmandu, as
well as the American consulates in Guangzhou, Shanghai, Shenyang,
Chengdu, and Hong Kong, in order to monitor political and social
conditions, with particular emphasis on respect for, and violations of,
internationally recognized human rights, in the People's Republic of
China.
SEC. 873. PRISONER INFORMATION REGISTRY FOR THE PEOPLE'S REPUBLIC OF
CHINA.
(a) Requirement.--The Secretary of State shall establish and
maintain a registry which shall, to the extent practicable, provide
information on all political prisoners, prisoners of conscience, and
prisoners of faith in the People's Republic of China. The registry shall
be known as the ``Prisoner Information Registry for the People's
Republic of China''.
(b) Information in Registry.--The registry required by subsection
(a) shall include information on the charges, judicial processes,
administrative actions, uses of forced labor, incidents of torture,
lengths of imprisonment, physical and health conditions, and other
matters associated with the incarceration of prisoners in the People's
Republic of China referred to in that subsection.
[[Page 113 STAT. 1501A-475]]
(c) Availability of Funds.--The Secretary may make a grant to
nongovernmental organizations currently engaged in monitoring activities
regarding political prisoners in the People's Republic of China in order
to assist in the establishment and maintenance of the registry required
by subsection (a).
TITLE IX--ARREARS PAYMENTS AND REFORM
Subtitle A--General Provisions
SEC. 901. SHORT TITLE.
This title may be cited as the ``United Nations Reform Act of
1999''.
SEC. 902. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations and the Committee on Appropriations of the
Senate and the Committee on International Relations and the
Committee on Appropriations of the House of Representatives.
(2) Designated specialized agency defined.--The term
``designated specialized agency'' means the International Labor
Organization, the World Health Organization, and the Food and
Agriculture Organization.
(3) General assembly.--The term ``General Assembly'' means
the General Assembly of the United Nations.
(4) Secretary general.--The term ``Secretary General'' means
the Secretary General of the United Nations.
(5) Security council.--The term ``Security Council'' means
the Security Council of the United Nations.
(6) United nations member.--The term ``United Nations
member'' means any country that is a member of the United
Nations.
(7) United nations peacekeeping operation.--The term
``United Nations peacekeeping operation'' means any United
Nations-led operation to maintain or restore international peace
or security that--
(A) is authorized by the Security Council; and
(B) is paid for from assessed contributions of
United Nations members that are made available for
peacekeeping activities.
Subtitle B--Arrearages to the United Nations
CHAPTER 1--AUTHORIZATION OF APPROPRIATIONS; OBLIGATION AND EXPENDITURE
OF FUNDS
SEC. 911. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--
(1) Fiscal year 1998.--
[[Page 113 STAT. 1501A-476]]
(A) Regular assessments.--Amounts appropriated by
title IV of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies
Appropriations Act, 1998 (Public Law 105-119), under the
heading ``Contributions to International
Organizations'', are hereby authorized to be
appropriated and shall be available for obligation and
expenditure subject to the provisions of this title.
(B) Peacekeeping assessments.--Amounts appropriated
by title IV of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies
Appropriations Act, 1998 (Public Law 105-119), under the
heading ``Contributions for International Peacekeeping
Activities'', are hereby authorized to be appropriated
and shall be available for obligation and expenditure
subject to the provisions of this title.
(2) Fiscal year 1999.--Amounts appropriated under the
heading ``Arrearage Payments'' in title IV of the Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1999 (as contained in section 101(b) of
division A of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999; Public Law 105-277), are
hereby authorized to be appropriated and shall be available for
obligation and expenditure subject to the provisions of this
title.
(3) Fiscal year 2000.--There are authorized to be
appropriated to the Department of State for payment of
arrearages owed by the United States described in subsection (b)
as of September 30, 1997, $244,000,000 for fiscal year 2000.
Amounts appropriated pursuant to this paragraph shall be
available for obligation and expenditure subject to the
provisions of this title.
(b) Limitation.--Amounts made available under subsection (a) are
authorized to be available only--
(1) to pay the United States share of assessments for the
regular budget of the United Nations;
(2) to pay the United States share of United Nations
peacekeeping operations;
(3) to pay the United States share of United Nations
specialized agencies; and
(4) to pay the United States share of other international
organizations.
(c) Availability of Funds.--Amounts appropriated pursuant to
subsection (a) are authorized to remain available until expended.
(d) Statutory Construction.--For purposes of payments made using
funds made available under subsection (a), section 404(b)(2) of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236) shall not apply to United Nations peacekeeping operation
assessments received by the United States prior to October 1, 1995.
SEC. 912. OBLIGATION AND EXPENDITURE OF FUNDS.
(a) In General.--Funds made available pursuant to section 911 may be
obligated and expended only if the requirements of subsections (b) and
(c) of this section are satisfied.
(b) Obligation and Expenditure Upon Satisfaction of Certification
Requirements.--Subject to subsections (e) and (f), funds made available
pursuant to section 911 may be obligated and
[[Page 113 STAT. 1501A-477]]
expended only in the following allotments and upon the following
certifications:
(1) Amounts made available for fiscal year 1998, upon the
certification described in section 921.
(2) Amounts made available for fiscal year 1999, upon the
certification described in section 931.
(3) Amounts authorized to be appropriated for fiscal year
2000, upon the certification described in section 941.
(c) Advance Congressional Notification.--Funds made available
pursuant to section 911 may be obligated and expended only if the
appropriate certification has been submitted to the appropriate
congressional committees 30 days prior to the payment of the funds.
(d) Transmittal of Certifications.--Certifications made under this
chapter shall be transmitted by the Secretary of State to the
appropriate congressional committees.
(e) Waiver Authority With Respect to Fiscal Year 1999 Funds.--
(1) In general.--Subject to paragraph (3) and
notwithstanding subsection (b), funds made available under
section 911 for fiscal year 1999 may be obligated or expended
pursuant to subsection (b)(2) even if the Secretary of State
cannot certify that the condition described in section 931(b)(1)
has been satisfied.
(2) Requirements.--
(A) In general.--The authority to waive the
condition described in paragraph (1) of this subsection
may be exercised only if the Secretary of State--
(i) determines that substantial progress
towards satisfying the condition has been made and
that the expenditure of funds pursuant to that
paragraph is important to the interests of the
United States; and
(ii) has notified, and consulted with, the
appropriate congressional committees prior to
exercising the authority.
(B) Effect on subsequent certification.--If the
Secretary of State exercises the authority of paragraph
(1), the condition described in that paragraph shall be
deemed to have been satisfied for purposes of making any
certification under section 941.
(3) Additional requirement.--If the authority to waive a
condition under paragraph (1)(A) is exercised, the Secretary of
State shall notify the United Nations that the Congress does not
consider the United States obligated to pay, and does not intend
to pay, arrearages that have not been included in the contested
arrearages account or other mechanism described in section
931(b)(1).
(f) Waiver Authority With Respect to Fiscal Year 2000 Funds.--
(1) In general.--Subject to paragraph (2) and
notwithstanding subsection (b), funds made available under
section 911 for fiscal year 2000 may be obligated or expended
pursuant to subsection (b)(3) even if the Secretary of State
cannot certify that the condition described in paragraph (1) of
section 941(b) has been satisfied.
(2) Requirements.--
[[Page 113 STAT. 1501A-478]]
(A) In general.--The authority to waive a condition
under paragraph (1) may be exercised only if the
Secretary of State has notified, and consulted with, the
appropriate congressional committees prior to exercising
the authority.
(B) Effect on subsequent certification.--If the
Secretary of State exercises the authority of paragraph
(1) with respect to a condition, such condition shall be
deemed to have been satisfied for purposes of making any
certification under section 941.
SEC. 913. FORGIVENESS OF AMOUNTS OWED BY THE UNITED NATIONS TO THE
UNITED STATES.
(a) Forgiveness of Indebtedness.--Subject to subsection (b), the
President is authorized to forgive or reduce any amount owed by the
United Nations to the United States as a reimbursement, including any
reimbursement payable under the Foreign Assistance Act of 1961 or the
United Nations Participation Act of 1945.
(b) Limitations.--
(1) Total amount.--The total of amounts forgiven or reduced
under subsection (a) may not exceed $107,000,000.
(2) Relation to united states arrearages.--Amounts shall be
forgiven or reduced under this section only to the same extent
as the United Nations forgives or reduces amounts owed by the
United States to the United Nations as of September 30, 1997.
(c) Requirements.--The authority in subsection (a) shall be
available only to the extent and in the amounts provided in advance in
appropriations Acts.
(d) Congressional Notification.--Before exercising any authority in
subsection (a), the President shall notify the appropriate congressional
committees in accordance with the same procedures as are applicable to
reprogramming notifications under section 634A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2394-1).
(e) Effective Date.--This section shall take effect on the date a
certification is transmitted to the appropriate congressional committees
under section 931.
CHAPTER 2--UNITED STATES SOVEREIGNTY
SEC. 921. CERTIFICATION REQUIREMENTS.
(a) Contents of Certification.--A certification described in this
section is a certification by the Secretary of State that the following
conditions are satisfied:
(1) Supremacy of the united states constitution.--No action
has been taken by the United Nations or any of its specialized
or affiliated agencies that requires the United States to
violate the United States Constitution or any law of the United
States.
(2) No united nations sovereignty.--Neither the United
Nations nor any of its specialized or affiliated agencies--
(A) has exercised sovereignty over the United
States; or
(B) has taken any steps that require the United
States to cede sovereignty.
(3) No united nations taxation.--
[[Page 113 STAT. 1501A-479]]
(A) No legal authority.--Except as provided in
subparagraph (D), neither the United Nations nor any of
its specialized or affiliated agencies has the authority
under United States law to impose taxes or fees on
United States nationals.
(B) No taxes or fees.--Except as provided in
subparagraph (D), a tax or fee has not been imposed on
any United States national by the United Nations or any
of its specialized or affiliated agencies.
(C) No taxation proposals.--Except as provided in
subparagraph (D), neither the United Nations nor any of
its specialized or affiliated agencies has, on or after
October 1, 1996, officially approved any formal effort
to develop, advocate, or promote any proposal concerning
the imposition of a tax or fee on any United States
national in order to raise revenue for the United
Nations or any such agency.
(D) Exception.--This paragraph does not apply to--
(i) fees for publications or other kinds of
fees that are not tantamount to a tax on United
States citizens;
(ii) the World Intellectual Property
Organization; or
(iii) the staff assessment costs of the United
Nations and its specialized or affiliated
agencies.
(4) No standing army.--The United Nations has not, on or
after October 1, 1996, budgeted any funds for, nor taken any
official steps to develop, create, or establish any special
agreement under Article 43 of the United Nations Charter to make
available to the United Nations, on its call, the armed forces
of any member of the United Nations.
(5) No interest fees.--The United Nations has not, on or
after October 1, 1996, levied interest penalties against the
United States or any interest on arrearages on the annual
assessment of the United States, and neither the United Nations
nor its specialized agencies have, on or after October 1, 1996,
amended their financial regulations or taken any other action
that would permit interest penalties to be levied against the
United States or otherwise charge the United States any interest
on arrearages on its annual assessment.
(6) United states real property rights.--Neither the United
Nations nor any of its specialized or affiliated agencies has
exercised authority or control over any United States national
park, wildlife preserve, monument, or real property, nor has the
United Nations nor any of its specialized or affiliated agencies
implemented plans, regulations, programs, or agreements that
exercise control or authority over the private real property of
United States citizens located in the United States without the
approval of the property owner.
(7) Termination of borrowing authority.--
(A) Prohibition on authorization of external
borrowing.--On or after the date of enactment of this
Act, neither the United Nations nor any specialized
agency of the United Nations has amended its financial
regulations to permit external borrowing.
(B) Prohibition of united states payment of interest
costs.--The United States has not, on or after October
1, 1984, paid its share of any interest costs made
[[Page 113 STAT. 1501A-480]]
known to or identified by the United States Government
for loans incurred, on or after October 1, 1984, by the
United Nations or any specialized agency of the United
Nations through external borrowing.
(b) Transmittal.--The Secretary of State may transmit a
certification under subsection (a) at any time during fiscal year 1998
or thereafter if the requirements of the certification are satisfied.
CHAPTER 3--REFORM OF ASSESSMENTS AND UNITED NATIONS PEACEKEEPING
OPERATIONS
SEC. 931. CERTIFICATION REQUIREMENTS.
(a) In General.--A certification described in this section is a
certification by the Secretary of State that the conditions in
subsection (b) are satisfied. Such certification shall not be made by
the Secretary if the Secretary determines that any of the conditions set
forth in section 921 are no longer satisfied.
(b) Conditions.--The conditions under this subsection are the
following:
(1) Contested arrearages.--The United Nations has
established an account or other appropriate mechanism with
respect to all United States arrearages incurred before the date
of enactment of this Act with respect to which payments are not
authorized by this Act, and the failure to pay amounts specified
in the account does not affect the application of Article 19 of
the Charter of the United Nations. The account established under
this paragraph may be referred to as the ``contested arrearages
account''.
(2) Limitation on assessed share of budget for united
nations peacekeeping operations.--The assessed share of the
budget for each assessed United Nations peacekeeping operation
does not exceed 25 percent for any single United Nations member.
(3) Limitation on assessed share of regular budget.--The
share of the total of all assessed contributions for the regular
budget of the United Nations does not exceed 22 percent for any
single United Nations member.
CHAPTER 4--BUDGET AND PERSONNEL REFORM
SEC. 941. CERTIFICATION REQUIREMENTS.
(a) In General.--
(1) In general.--Except as provided in paragraph (2), a
certification described in this section is a certification by
the Secretary of State that the conditions in subsection (b) are
satisfied.
(2) Specified certification.--A certification described in
this section is also a certification that, with respect to the
United Nations or a particular designated specialized agency,
the conditions in subsection (b)(4) applicable to that
organization are satisfied, regardless of whether the conditions
in subsection (b)(4) applicable to any other organization are
satisfied, if the other conditions in subsection (b) are
satisfied.
(3) Effect of specified certification.--Funds made available
under section 912(b)(3) upon a certification made under this
section with respect to the United Nations or a particular
designated specialized agency shall be limited to
[[Page 113 STAT. 1501A-481]]
that portion of the funds available under that section that is
allocated for the organization with respect to which the
certification is made and for any other organization to which
none of the conditions in subsection (b) apply.
(4) Limitation.--A certification described in this section
shall not be made by the Secretary if the Secretary determines
that any of the conditions set forth in sections 921 and 931 are
no longer satisfied.
(b) Conditions.--The conditions under this subsection are the
following:
(1) Limitation on assessed share of regular budget.--The
share of the total of all assessed contributions for the regular
budget of the United Nations, or any designated specialized
agency of the United Nations, does not exceed 20 percent for any
single United Nations member.
(2) Inspectors general for certain organizations.--
(A) Establishment of offices.--Each designated
specialized agency has established an independent office
of inspector general to conduct and supervise objective
audits, inspections, and investigations relating to the
programs and operations of the organization.
(B) Appointment of inspectors general.--The Director
General of each designated specialized agency has
appointed an inspector general, with the approval of the
member states, and that appointment was made principally
on the basis of the appointee's integrity and
demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public
administration, or investigations.
(C) Assigned functions.--Each inspector general
appointed under subparagraph (A) is authorized to--
(i) make investigations and reports relating
to the administration of the programs and
operations of the agency concerned;
(ii) have access to all records, documents,
and other available materials relating to those
programs and operations of the agency concerned;
and
(iii) have direct and prompt access to any
official of the agency concerned.
(D) Complaints.--Each designated specialized agency
has procedures in place designed to protect the identity
of, and to prevent reprisals against, any staff member
making a complaint or disclosing information to, or
cooperating in any investigation or inspection by, the
inspector general of the agency.
(E) Compliance with recommendations.--Each
designated specialized agency has in place procedures
designed to ensure compliance with the recommendations
of the inspector general of the agency.
(F) Availability of reports.--Each designated
specialized agency has in place procedures to ensure
that all annual and other relevant reports submitted by
the inspector general to the agency are made available
to the member states without modification except to the
extent necessary to protect the privacy rights of
individuals.
[[Page 113 STAT. 1501A-482]]
(3) New budget procedures for the united nations.--The
United Nations has established and is implementing budget
procedures that--
(A) require the maintenance of a budget not in
excess of the level agreed to by the General Assembly at
the beginning of each United Nations budgetary biennium,
unless increases are agreed to by consensus; and
(B) require the system-wide identification of
expenditures by functional categories such as personnel,
travel, and equipment.
(4) Sunset policy for certain united nations programs.--
(A) Existing authority.--The Secretary General and
the Director General of each designated specialized
agency have used their existing authorities to require
program managers within the United Nations Secretariat
and the Secretariats of the designated specialized
agencies to conduct evaluations of United Nations
programs approved by the General Assembly, and of
programs of the designated specialized agencies, in
accordance with the standardized methodology referred to
in subparagraph (B).
(B) Development of evaluation criteria.--
(i) United nations.--The Office of Internal
Oversight Services has developed a standardized
methodology for the evaluation of United Nations
programs approved by the General Assembly,
including specific criteria for determining the
continuing relevance and effectiveness of the
programs.
(ii) Designated specialized agencies.--
Patterned on the work of the Office of Internal
Oversight Services of the United Nations, each
designated specialized agency has developed a
standardized methodology for the evaluation of the
programs of the agency, including specific
criteria for determining the continuing relevance
and effectiveness of the programs.
(C) Procedures.--Consistent with the July 16, 1997,
recommendations of the Secretary General regarding a
sunset policy and results-based budgeting for United
Nations programs, the United Nations and each designated
specialized agency has established and is implementing
procedures--
(i) requiring the Secretary General or the
Director General of the agency, as the case may
be, to report on the results of evaluations
referred to in this paragraph, including the
identification of programs that have met criteria
for continuing relevance and effectiveness and
proposals to terminate or modify programs that
have not met such criteria; and
(ii) authorizing an appropriate body within
the United Nations or the agency, as the case may
be, to review each evaluation referred to in this
paragraph and report to the General Assembly on
means of improving the program concerned or on
terminating the program.
(D) United states policy.--It shall be the policy of
the United States to seek adoption by the United Nations
of a resolution requiring that each United Nations
program
[[Page 113 STAT. 1501A-483]]
approved by the General Assembly, and to seek adoption
by each designated specialized agency of a resolution
requiring that each program of the agency, be subject to
an evaluation referred to in this paragraph and have a
specific termination date so that the program will not
be renewed unless the evaluation demonstrates the
continuing relevance and effectiveness of the program.
(E) Definition.--For purposes of this paragraph, the
term ``United Nations program approved by the General
Assembly'' means a program approved by the General
Assembly of the United Nations which is administered or
funded by the United Nations.
(5) United nations advisory committee on administrative and
budgetary questions.--
(A) In general.--The United States has a seat on the
United Nations Advisory Committee on Administrative and
Budgetary Questions or the five largest member
contributors each have a seat on the Advisory Committee.
(B) Definition.--As used in this paragraph, the term
``5 largest member contributors'' means the 5 United
Nations member states that, during a United Nations
budgetary biennium, have more total assessed
contributions than any other United Nations member state
to the aggregate of the United Nations regular budget
and the budget (or budgets) for United Nations
peacekeeping operations.
(6) Access by the general accounting office.--The United
Nations has in effect procedures providing access by the United
States General Accounting Office to United Nations financial
data to assist the Office in performing nationally mandated
reviews of United Nations operations.
(7) Personnel.--
(A) Appointment and service of personnel.--The
Secretary General--
(i) has established and is implementing
procedures that ensure that staff employed by the
United Nations is appointed on the basis of merit
consistent with Article 101 of the United Nations
Charter; and
(ii) is enforcing those contractual
obligations requiring worldwide availability of
all professional staff of the United Nations to
serve and be relocated based on the needs of the
United Nations.
(B) Code of conduct.--The General Assembly has
adopted, and the Secretary General has the authority to
enforce and is effectively enforcing, a code of conduct
binding on all United Nations personnel, including the
requirement of financial disclosure statements binding
on senior United Nations personnel and the establishment
of rules against nepotism that are binding on all United
Nations personnel.
(C) Personnel evaluation system.--The United Nations
has adopted and is enforcing a personnel evaluation
system.
(D) Periodic assessments.--The United Nations has
established and is implementing a mechanism to conduct
periodic assessments of the United Nations payroll to
determine total staffing, and the results of such
assessments
[[Page 113 STAT. 1501A-484]]
are reported in an unabridged form to the General
Assembly.
(E) Review of united nations allowance system.--The
United States has completed a thorough review of the
United Nations personnel allowance system. The review
shall include a comparison of that system with the
United States civil service system, and shall make
recommendations to reduce entitlements to allowances and
allowance funding levels from the levels in effect on
January 1, 1998.
(8) Reduction in budget authorities.--The designated
specialized agencies have achieved zero nominal growth in their
biennium budgets for 2000-01 from the 1998-99 biennium budget
levels of the respective agencies.
(9) New budget procedures and financial regulations.--Each
designated specialized agency has established procedures to--
(A) require the maintenance of a budget that does
not exceed the level agreed to by the member states of
the organization at the beginning of each budgetary
biennium, unless increases are agreed to by consensus;
(B) require the identification of expenditures by
functional categories such as personnel, travel, and
equipment; and
(C) require approval by the member states of the
agency's supplemental budget requests to the Secretariat
in advance of expenditures under those requests.
(10) Limitation on assessed share of regular budget for the
designated specialized agencies.--The share of the total of all
assessed contributions for any designated specialized agency
does not exceed 22 percent for any single member of the agency.
Subtitle C--Miscellaneous Provisions
SEC. 951. STATUTORY CONSTRUCTION ON RELATION TO EXISTING LAWS.
Except as otherwise specifically provided, nothing in this title may
be construed to make available funds in violation of any provision of
law containing a specific prohibition or restriction on the use of the
funds, including section 114 of the Department of State Authorization
Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 22 U.S.C. 287e
note), section 151 of the Foreign Relations Authorization Act, Fiscal
Years 1986 and 1987 (Public Law 99-93; 22 U.S.C. 287e note), and section
404 of the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (Public Law 103-236; 22 U.S.C. 287e note).
SEC. 952. PROHIBITION ON PAYMENTS RELATING TO UNIDO AND OTHER
INTERNATIONAL ORGANIZATIONS FROM WHICH THE UNITED STATES HAS
WITHDRAWN OR RESCINDED FUNDING.
None of the funds authorized to be appropriated by this title shall
be used to pay any arrearage for--
(1) the United Nations Industrial Development Organization;
[[Page 113 STAT. 1501A-485]]
(2) any costs to merge that organization into the United
Nations;
(3) the costs associated with any other organization of the
United Nations from which the United States has withdrawn
including the costs of the merger of such organization into the
United Nations; or
(4) the World Tourism Organization, or any other
international organization with respect to which Congress has
rescinded funding.
DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE
PROVISIONS
SEC. 1001. SHORT TITLE.
This division may be cited as the ``Arms Control, Nonproliferation,
and Security Assistance Act of 1999''.
TITLE XI--ARMS CONTROL AND NONPROLIFERATION
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Arms Control and Nonproliferation
Act of 1999''.
SEC. 1102. DEFINITIONS.
In this title:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the Committee on
International Relations and the Permanent Select Committee on
Intelligence of the House of Representatives and the Committee
on Foreign Relations and the Select Committee on Intelligence of
the Senate.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the position of Assistant Secretary of State for
Verification and Compliance designated under section 1112.
(3) Executive agency.--The term ``Executive agency'' has the
meaning given the term in section 105 of title 5, United States
Code.
(4) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
(5) START treaty or treaty.--The term ``START Treaty'' or
``Treaty'' means the Treaty With the Union of Soviet Socialist
Republics on the Reduction and Limitation of Strategic Offensive
Arms, including all agreed statements, annexes, protocols, and
memoranda, signed at Moscow on July 31, 1991.
(6) START ii treaty.--The term ``START II Treaty'' means the
Treaty Between the United States of America and the Russian
Federation on Further Reduction and Limitation of Strategic
Offensive Arms, and related protocols and memorandum of
understanding, signed at Moscow on January 3, 1993.
[[Page 113 STAT. 1501A-486]]
Subtitle A--Arms Control
CHAPTER 1--EFFECTIVE VERIFICATION OF COMPLIANCE WITH ARMS CONTROL
AGREEMENTS
SEC. 1111. KEY VERIFICATION ASSETS FUND.
(a) In General.--The Secretary of State is authorized to transfer
funds available to the Department of State under this section to the
Department of Defense, the Department of Energy, or any agency, entity,
or component of the intelligence community, as needed, for retaining,
researching, developing, or acquiring technologies or programs relating
to the verification of arms control, nonproliferation, and disarmament
agreements or commitments.
(b) Prohibition on Reprogramming.--Notwithstanding any other
provision of law, funds made available to carry out this section may not
be used for any purpose other than the purposes specified in subsection
(a).
(c) Funding.--Of the total amount of funds authorized to be
appropriated to the Department of State by this Act for the fiscal years
2000 and 2001, $5,000,000 is authorized to be available for each such
fiscal year to carry out subsection (a).
(d) Designation of Fund.--Amounts made available under subsection
(c) may be referred to as the ``Key Verification Assets Fund''.
SEC. 1112. ASSISTANT SECRETARY OF STATE FOR VERIFICATION AND COMPLIANCE.
(a) Designation of Position.--The Secretary of State shall designate
one of the Assistant Secretaries of State authorized by section 1(c)(1)
of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2651a(c)(1)) as the Assistant Secretary of State for Verification and
Compliance. The Assistant Secretary shall report to the Under Secretary
of State for Arms Control and International Security.
(b) Directive Governing the Assistant Secretary of State.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary of State shall issue a
directive governing the position of the Assistant Secretary.
(2) Elements of the directive.--The directive issued under
paragraph (1) shall set forth, consistent with this section--
(A) the duties of the Assistant Secretary;
(B) the relationships between the Assistant
Secretary and other officials of the Department of
State;
(C) any delegation of authority from the Secretary
of State to the Assistant Secretary; and
(D) such matters as the Secretary considers
appropriate.
(c) Duties.--
(1) In general.--The Assistant Secretary shall have as his
principal responsibility the overall supervision (including
oversight of policy and resources) within the Department of
State of all matters relating to verification and compliance
with international arms control, nonproliferation, and
disarmament agreements or commitments.
(2) Participation of the assistant secretary.--
[[Page 113 STAT. 1501A-487]]
(A) Primary role.--Except as provided in
subparagraphs (B) and (C), the Assistant Secretary, or
his designee, shall participate in all interagency
groups or organizations within the executive branch of
Government that assess, analyze, or review United States
planned or ongoing policies, programs, or actions that
have a direct bearing on verification or compliance
matters, including interagency intelligence committees
concerned with the development or exploitation of
measurement or signals intelligence or other national
technical means of verification.
(B) Requirement for designation.--Subparagraph (A)
shall not apply to groups or organizations on which the
Secretary of State or the Undersecretary of State for
Arms Control and International Security sits, unless
such official designates the Assistant Secretary to
attend in his stead.
(C) National security limitation.--
(i) Waiver by president.--The President may
waive the provisions of subparagraph (A) if
inclusion of the Assistant Secretary would not be
in the national security interests of the United
States.
(ii) Waiver by others.--With respect to an
interagency group or organization, or meeting
thereof, working with exceptionally sensitive
information contained in compartments under the
control of the Director of Central Intelligence,
the Secretary of Defense, or the Secretary of
Energy, such Director or Secretary, as the case
may be, may waive the provision of subparagraph
(A) if inclusion of the Assistant Secretary would
not be in the national security interests of the
United States.
(iii) Transmission of waiver to congress.--Any
waiver of participation under clause (i) or (ii)
shall be transmitted in writing to the appropriate
committees of Congress.
(3) Relationship to the intelligence community.--The
Assistant Secretary shall be the principal policy community
representative to the intelligence community on verification and
compliance matters.
(4) Reporting responsibilities.--The Assistant Secretary
shall have responsibility within the Department of State for--
(A) all reports required pursuant to section 306 of
the Arms Control and Disarmament Act (22 U.S.C. 2577);
(B) so much of the report required under paragraphs
(4) through (6) of section 403(a) of the Arms Control
and Disarmament Act (22 U.S.C. 2593a(a)(4) through (6))
as relates to verification or compliance matters; and
(C) other reports being prepared by the Department
of State as of the date of enactment of this Act
relating to arms control, nonproliferation, or
disarmament verification or compliance matters.
SEC. 1113. ENHANCED ANNUAL (``PELL'') REPORT.
(a) Annual Report.--Section 403(a) of the Arms Control and
Disarmament Act (22 U.S.C. 2593a(a)) is amended--
(1) in paragraph (4)--
[[Page 113 STAT. 1501A-488]]
(A) by inserting ``or commitments, including the
Missile Technology Control Regime,'' after
``agreements'' the first time it appears;
(B) by inserting ``or commitments'' after
``agreements'' the second time it appears;
(C) by inserting ``or commitment'' after
``agreement''; and
(D) by striking ``and'' at the end;
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) a specific identification, to the maximum extent
practicable in unclassified form, of each and every question
that exists with respect to compliance by other countries with
arms control, nonproliferation, and disarmament agreements with
the United States.''.
(b) Additional Requirement.--Section 403 of the Arms Control and
Disarmament Act (22 U.S.C. 2593a) is amended by adding at the end the
following:
``(d) Each report required by this section shall include a
discussion of each significant issue described in subsection (a)(6) that
was contained in a previous report issued under this section during
1995, or after December 31, 1995, until the question or concern has been
resolved and such resolution has been reported in detail to the
appropriate committees of Congress (as defined in section 1102(1) of the
Arms Control, Non-Proliferation, and Security Assistance Act of
1999).''.
SEC. 1114. REPORT ON START AND START II TREATIES MONITORING ISSUES.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Director of Central Intelligence shall submit to the
appropriate committees of Congress a detailed report in classified form.
Such report shall include the following:
(1) A comprehensive identification of all monitoring
activities associated with the START Treaty and the START II
Treaty.
(2) The specific intelligence community assets and
capabilities, including analytical capabilities, that the Senate
was informed, prior to the Senate giving its advice and consent
to ratification of the treaties, would be necessary to
accomplish those activities.
(3) An identification of the extent to which those assets
and capabilities have, or have not, been attained or retained,
and the corresponding effect this has had upon United States
monitoring confidence levels.
(4) An assessment of any Russian activities relating to the
START Treaty which have had an impact upon the ability of the
United States to monitor Russian adherence to the Treaty.
(b) Compartmented Annex.--Exceptionally sensitive, compartmented
information in the report required by this section may be provided in a
compartmented annex submitted to the Select Committee on Intelligence of
the Senate and the Permanent Select Committee on Intelligence of the
House of Representatives.
[[Page 113 STAT. 1501A-489]]
SEC. 1115. STANDARDS FOR VERIFICATION.
(a) Verification of Compliance.--Section 306(a) of the Arms Control
and Disarmament Act (22 U.S.C. 2577(a)) is amended in the matter
preceding paragraph (1) by striking ``adequately''.
(b) Assessments Upon Request.--Section 306 of the Arms Control and
Disarmament Act (22 U.S.C. 2577) is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Assessments Upon Request.--Upon the request of the chairman or
ranking minority member of the Committee on Foreign Relations of the
Senate or the Committee on International Relations of the House of
Representatives, in case of an arms control, nonproliferation, or
disarmament proposal presented to a foreign country by the United States
or presented to the United States by a foreign country, the Secretary of
State shall submit a report to the Committee on the degree to which
elements of the proposal are capable of being verified.''.
SEC. 1116. CONTRIBUTION TO THE ADVANCEMENT OF SEISMOLOGY.
The United States Government shall, to the maximum extent
practicable, make available to the public in real time, or as quickly as
possible, all raw seismological data provided to the United States
Government by any international organization that is directly
responsible for seismological monitoring.
SEC. 1117. PROTECTION OF UNITED STATES COMPANIES.
(a) Reimbursement.--During the 2-year period beginning on the date
of the enactment of this Act, the United States National Authority (as
designated pursuant to section 101 of the Chemical Weapons Convention
Implementation Act of 1998 (as contained in division I of Public Law
105-277)) shall, upon request of the Director of the Federal Bureau of
Investigation, reimburse the Federal Bureau of Investigation for all
costs incurred by the Bureau for such period in connection with
implementation of section 303(b)(2)(A) of that Act, except that such
reimbursement may not exceed $2,000,000 for such 2-year period.
(b) Report.--Not later than 180 days prior to the expiration of the
2-year period described in subsection (a), the Director of the Federal
Bureau of Investigation shall prepare and submit to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate a report on how activities
under section 303(b)(2)(A) of the Chemical Weapons Convention
Implementation Act of 1998 will be fully funded and implemented by the
Federal Bureau of Investigation notwithstanding the expiration of the 2-
year period described in subsection (a).
SEC. 1118. REQUIREMENT FOR TRANSMITTAL OF SUMMARIES.
Whenever a United States delegation engaging in negotiations on arms
control, nonproliferation, or disarmament submits to the Secretary of
State a summary of the activities of the delegation or the status of
those negotiations, a copy of each such summary shall be further
transmitted by the Secretary of State to the Committee on Foreign
Relations of the Senate and to the Committee on International Relations
of the House of Representatives promptly.
[[Page 113 STAT. 1501A-490]]
CHAPTER 2--MATTERS RELATING TO THE CONTROL OF BIOLOGICAL WEAPONS
SEC. 1121. SHORT TITLE.
This chapter may be cited as the ``National Security and Corporate
Fairness under the Biological Weapons Convention Act''.
SEC. 1122. DEFINITIONS.
In this chapter:
(1) Biological weapons convention.--The term ``Biological
Weapons Convention'' means the 1972 Convention on the
Prohibition of the Development, Production and Stockpiling of
Bacteriological (Biological) and Toxin Weapons and on their
Destruction.
(2) Compliance protocol.--The term ``compliance protocol''
means that segment of a bilateral or multilateral agreement that
enables investigation of questions of compliance entailing
written data or visits to facilities to monitor compliance.
(3) Industry.--The term ``industry'' means any corporate or private
sector entity engaged in the research, development, production, import,
and export of peaceful pharmaceuticals and bio-technological and related
products.
SEC. 1123. FINDINGS.
Congress makes the following findings:
(1) The threat of biological weapons and their proliferation
is one of the greatest national security threats facing the
United States.
(2) The threat of biological weapons and materials
represents a serious and increasing danger to people around the
world.
(3) Biological weapons are relatively inexpensive to
produce, can be made with readily available expertise and
equipment, do not require much space to make and can therefore
be readily concealed, do not require unusual raw materials or
materials not readily available for legitimate purposes, do not
require the maintenance of stockpiles, or can be delivered with
low-technology mechanisms, and can effect widespread casualties
even in small quantities.
(4) Unlike other weapons of mass destruction, biological
materials capable of use as weapons can occur naturally in the
environment and are also used for medicinal or other beneficial
purposes.
(5) Biological weapons are morally reprehensible, prompting
the United States Government to halt its offensive biological
weapons program in 1969, subsequently destroy its entire
biological weapons arsenal, and maintain henceforth only a
robust defensive capacity.
(6) The Senate gave its advice and consent to ratification
of the Biological Weapons Convention in 1974.
(7) The Director of the Arms Control and Disarmament Agency
explained, at the time of the Senate's consideration of the
Biological Weapons Convention, that the treaty contained no
verification provisions because verification would be
``difficult''.
[[Page 113 STAT. 1501A-491]]
(8) A compliance protocol has now been proposed to
strengthen the 1972 Biological Weapons Convention.
(9) The resources needed to produce, stockpile, and store
biological weapons are the same as those used in peaceful
industry facilities to discover, develop, and produce medicines.
(10) The raw materials of biological agents are difficult to
use as an indicator of an offensive military program because the
same materials occur in nature or can be used to produce a wide
variety of products.
(11) Some biological products are genetically manipulated to
develop new commercial products, optimizing production and
ensuring the integrity of the product, making it difficult to
distinguish between legitimate commercial activities and
offensive military activities.
(12) Only a small culture of a biological agent and some
growth medium are needed to produce a large amount of biological
agents with the potential for offensive purposes.
(13) The United States pharmaceutical and biotechnology
industries are a national asset and resource that contribute to
the health and well-being of the American public as well as
citizens around the world.
(14) One bacterium strain can represent a large proportion
of a company's investment in a pharmaceutical product and thus
its potential loss during an arms control monitoring activity
could conceivably be worth billions of dollars.
(15) Biological products contain proprietary genetic
information.
(16) The proposed compliance regime for the Biological
Weapons Convention entails new data reporting and investigation
requirements for industry.
(17) A compliance regime which contributes to the control of
biological weapons and materials must have a reasonable chance
of success in reducing the risk of production, stockpiling, or
use of biological weapons while protecting the reputations,
intellectual property, and confidential business information of
legitimate companies.
SEC. 1124. TRIAL INVESTIGATIONS AND TRIAL VISITS.
(a) National Security Trial Investigations and Trial Visits.--The
President shall conduct a series of national security trial
investigations and trial visits, both during and following negotiations
to develop a compliance protocol to the Biological Weapons Convention,
with the objective of ensuring that the compliance procedures of the
protocol are effective and adequately protect the national security of
the United States. These trial investigations and trial visits shall be
conducted at such sites as United States Government facilities,
installations, and national laboratories.
(b) United States Industry Trial Investigations and Trial Visits.--
The President shall take all appropriate steps to conduct or sponsor a
series of United States industry trial investigations and trial visits,
both during and following negotiations to develop a compliance protocol
to the Biological Weapons Convention, with the objective of ensuring
that the compliance procedures of the protocol are effective and
adequately protect the national security and the concerns of affected
United States industries and research institutions. These trial
investigations and trial visits shall be conducted at such sites as
academic institutions, vaccine production
[[Page 113 STAT. 1501A-492]]
facilities, and pharmaceutical and biotechnology firms in the United
States.
(c) Participation by Defense Department and Other Appropriate
Personnel.--The Secretary of Defense and, as appropriate, the Director
of the Federal Bureau of Investigation shall make available specialized
personnel to participate--
(1) in each trial investigation or trial visit conducted
pursuant to subsection (a); and
(2) in each trial investigation or trial visit conducted
pursuant to subsection (b), except for any investigation or
visit in which the host facility requests that such personnel
not participate,
for the purpose of assessing the information security implications of
such investigation or visit. The Secretary of Defense, in coordination
with the Director of the Federal Bureau of Investigation, shall add to
the report required by subsection (d)(2) a classified annex containing
an assessment of the risk to proprietary and classified information
posed by any investigation or visit procedures in the compliance
protocol.
(d) Study.--
(1) In general.--The President shall conduct a study on the
need for investigations and visits under the compliance protocol
to the Biological Weapons Convention, including--
(A) an assessment of risks to national security and
United States industry and research institutions of such
on-site activities; and
(B) an assessment of the monitoring results that can
be expected from such investigations and visits.
(2) Report.--Not later than the date on which a compliance
protocol to the Biological Weapons Convention is submitted to
the Senate for its advice and consent to ratification, the
President shall submit to the Committee on Foreign Relations of
the Senate a report, in both unclassified and classified form,
setting forth--
(A) the findings of the study conducted pursuant to
paragraph (1); and
(B) the results of trial investigations and trial
visits conducted pursuant to subsections (a) and (b).
Subtitle B--Nuclear Nonproliferation, Safety, and Related Matters
SEC. 1131. CONGRESSIONAL NOTIFICATION OF NONPROLIFERATION ACTIVITIES.
Section 602(c) of the Nuclear Non-Proliferation Act of 1978 (22
U.S.C. 3282(c)) is amended to read as follows:
``(c)(1) The Department of State, the Department of Defense, the
Department of Commerce, the Department of Energy, the Commission, and,
with regard to subparagraph (B), the Director of Central Intelligence,
shall keep the Committees on Foreign Relations and Governmental Affairs
of the Senate and the Committee on International Relations of the House
of Representatives fully and currently informed with respect to--
``(A) their activities to carry out the purposes and
policies of this Act and to otherwise prevent proliferation,
including
[[Page 113 STAT. 1501A-493]]
the proliferation of nuclear, chemical, or biological weapons,
or their means of delivery; and
``(B) the current activities of foreign nations which are of
significance from the proliferation standpoint.
``(2) For the purposes of this subsection with respect to paragraph
(1)(B), the phrase `fully and currently informed' means the transmittal
of credible information not later than 60 days after becoming aware of
the activity concerned.''.
SEC. 1132. EFFECTIVE USE OF RESOURCES FOR NONPROLIFERATION PROGRAMS.
(a) Prohibition.--Except as provided in subsection (b), no
assistance may be provided by the United States Government to any person
who is involved in the research, development, design, testing, or
evaluation of chemical or biological weapons for offensive purposes.
(b) Exception.--The prohibition contained in subsection (a) shall
not apply to any activity conducted pursuant to title V of the National
Security Act of 1947 (50 U.S.C. 413 et seq.).
SEC. 1133. DISPOSITION OF WEAPONS-GRADE MATERIAL.
(a) Report on Reduction of the Stockpile.--Not later than 120 days
after signing an agreement between the United States and Russia for the
disposition of excess weapons plutonium, the Secretary of Energy, with
the concurrence of the Secretary of Defense, shall submit to the
Committee on Foreign Relations and the Committee on Armed Services of
the Senate and to the Committee on International Relations and the
Committee on Armed Services of the House of Representatives a report--
(1) detailing plans for United States implementation of such
agreement;
(2) identifying, in classified form, the number of United
States warhead ``pits'' of each type deemed ``excess'' for the
purpose of dismantlement or disposition; and
(3) describing any implications this may have for the
Stockpile Stewardship and Management Program.
(b) Submission of the Fabrication Facility Agreement Pursuant To
Law.--Whenever the President submits to Congress the agreement to
establish a mixed oxide fuel fabrication or production facility in
Russia pursuant to section 123 of the Atomic Energy Act of 1954 (42
U.S.C. 2153), it is the sense of the Congress that the Secretary of
State should be prepared to certify to the Committee on Foreign
Relations of the Senate and the Committee on International Relations of
the House Representatives that--
(1) arrangements for the establishment of that facility will
further United States nuclear nonproliferation objectives and
will outweigh the proliferation risks inherent in the use of
mixed oxide fuel elements;
(2) a guaranty has been given by Russia that no fuel
elements produced, fabricated, reprocessed, or assembled at such
facility, and no sensitive nuclear technology related to such
facility, will be exported or supplied by Russia to any country
in the event that the United States objects to such export or
supply; and
(3) a guaranty has been given by Russia that the facility
and all nuclear materials and equipment therein, and any fuel
elements or special nuclear material produced, fabricated,
[[Page 113 STAT. 1501A-494]]
reprocessed, or assembled at that facility, including fuel
elements exported or supplied by Russia to a third party, will
be subject to international monitoring and transparency
sufficient to ensure that special nuclear material is not
diverted.
(c) Definitions.--
(1) Produced.--The terms ``produce'' and ``produced'' have
the same meaning that such terms are given under section 11 u.
of the Atomic Energy Act of 1954.
(2) Production facility.--The term ``production facility''
has the same meaning that such term is given under section 11 v.
of the Atomic Energy Act of 1954.
(3) Special nuclear material.--The term ``special nuclear
material'' has the meaning that such term is given under section
11 aa. of the Atomic Energy Act of 1954.
SEC. 1134. PROVISION OF CERTAIN INFORMATION TO CONGRESS.
(a) Requirement to Provide Information.--The head of each department
and agency described in section 602(c) of the Nuclear Non-Proliferation
Act of 1978 (22 U.S.C. 3282(c)) shall promptly provide information to
the chairman and ranking minority member of the Committee on Foreign
Relations of the Senate and the Committee on International Relations of
the House of Representatives in meeting the requirements of subsection
(c) or (d) of section 602 of such Act.
(b) Issuance of Directives.--Not later than February 1, 2000, the
Secretary of State, the Secretary of Defense, the Secretary of Commerce,
the Secretary of Energy, the Director of Central Intelligence, and the
Chairman of the Nuclear Regulatory Commission shall issue directives,
which shall provide access to information, including information
contained in special access programs, to implement their
responsibilities under subsections (c) and (d) of section 602 of the
Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3282(c) and (d)).
Copies of such directives shall be forwarded promptly to the Committee
on Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives upon the issuance of the
directives.
SEC. 1135. AMENDED NUCLEAR EXPORT REPORTING REQUIREMENT.
Section 1523 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2180; 42 U.S.C.
2155 note) is amended--
(1) by striking ``Congress'' and inserting ``the Committee
on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives''; and
(2) by adding at the end the following:
``(c) Content of Notification.--The notification required pursuant
to this section shall include--
``(1) a detailed description of the articles or services to
be exported or reexported, including a brief description of the
capabilities of any article to be exported or reexported;
``(2) an estimate of the number of officers and employees of
the United States Government and of United States Government
civilian contract personnel expected to be required in such
country to carry out the proposed export or reexport;
``(3) the name of each licensee expected to provide the
article or service proposed to be sold and a description from
the licensee of any offset agreements proposed to be entered
[[Page 113 STAT. 1501A-495]]
into in connection with such sale (if known on the date of
transmittal of such statement);
``(4) the projected delivery dates of the articles or
services to be exported or reexported; and
``(5) the extent to which the recipient country in the
previous two years has engaged in any of the actions specified
in subparagraph (A), (B), or (C) of section 129(2) of the Atomic
Energy Act of 1954.
SEC. 1136. ADHERENCE TO THE MISSILE TECHNOLOGY CONTROL REGIME.
(a) Clarification of Requirement for Control.--Section 74 of the
Arms Export Control Act (22 U.S.C. 2797c) is amended--
(1) by inserting ``(a) In General.--'' before ``For purposes
of''; and
(2) by adding at the end the following:
``(b) International Understanding Defined.--For purposes of
subsection (a)(3), as it relates to any international understanding
concluded with the United States after January 1, 2000, the term
`international understanding' means--
``(1) any specific agreement by a country not to export,
transfer, or otherwise engage in the trade of any MTCR equipment
or technology that contributes to the acquisition, design,
development, or production of missiles in a country that is not
an MTCR adherent and would be, if it were United States-origin
equipment or technology, subject to the jurisdiction of the
United States under this Act; or
``(2) any specific understanding by a country that,
notwithstanding section 73(b) of this Act, the United States
retains the right to take the actions under section 73(a)(2) of
this Act in the case of any export or transfer of any MTCR
equipment or technology that contributes to the acquisition,
design, development, or production of missiles in a country that
is not an MTCR adherent and would be, if it were United States-
origin equipment or technology, subject to the jurisdiction of
the United States under this Act.''.
(b) Clarification of Applicability.--Section 73(b) of the Arms
Export Control Act (22 U.S.C. 2797b(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively, and moving such subparagraphs 2 ems
to the right;
(2) by striking ``Subsection (a)'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2),
subsection (a)''; and
(3) by adding at the end the following:
``(2) Limitation.--Notwithstanding paragraph (1), subsection
(a) shall apply to an entity subordinate to a government that
engages in exports or transfers described in section
498A(b)(3)(A) of the Foreign Assistance Act of 1961 (22 U.S.C.
2295a(b)(3)(A)).''.
(c) Enforcement Actions.--Section 73(c) of the Arms Export Control
Act (22 U.S.C. 2797b(c)) is amended by inserting before the period at
the end the following: ``, and if the President certifies to the
Committee on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives that--
[[Page 113 STAT. 1501A-496]]
``(1) for any judicial or other enforcement action taken by
the MTCR adherent, such action has--
``(A) been comprehensive; and
``(B) been performed to the satisfaction of the
United States; and
``(2) with respect to any finding of innocence of
wrongdoing, the United States is satisfied with the basis for
such finding''.
(d) Policy Report.--Section 73A of the Arms Export Control Act (22
U.S.C. 2797b-1) is amended--
(1) by striking ``Following any action'' and inserting the
following:
``(a) Policy Report.--Following any action''; and
(2) by adding at the end the following:
``(b) Intelligence Assessment Report.--At such times that a report
is transmitted pursuant to subsection (a), the Director of Central
Intelligence shall promptly prepare and submit to the Congress a
separate report containing any credible information indicating that the
country described in subsection (a) has engaged in any activity
identified under subparagraph (A), (B), or (C) of section 73(a)(1)
within the previous two years.''.
(e) MTCR Defined.--The term ``MTCR'' means the Missile Technology
Control Regime, as defined in section 74(a)(2) of the Arms Export
Control Act (22 U.S.C. 2797c(a)(2)).
SEC. 1137. AUTHORITY RELATING TO MTCR ADHERENTS.
Chapter 7 of the Arms Export Control Act (22 U.S.C. 2797 et seq.) is
amended by inserting after section 73A the following new section:
``SEC. 73B. AUTHORITY RELATING TO MTCR ADHERENTS.
``Notwithstanding section 73(b), the President may take the actions
under section 73(a)(2) under the circumstances described in section
74(b)(2).''.
SEC. 1138. TRANSFER OF FUNDING FOR SCIENCE AND TECHNOLOGY CENTERS IN THE
FORMER SOVIET UNION.
(a) Authorization.--For fiscal year 2001 and subsequent fiscal
years, funds made available under ``Nonproliferation, Antiterrorism,
Demining, and Related Programs'' accounts in annual foreign operations
appropriations Acts are authorized to be available for science and
technology centers in the independent states of the former Soviet Union
assisted under section 503(a)(5) of the FREEDOM Support Act (22 U.S.C.
5853(a)(5)) or section 1412(b)(5) of the Former Soviet Union
Demilitarization Act of 1992 (title XIV of Public Law 102-484; 22 U.S.C.
5901 et seq.), including the use of those and other funds by any Federal
agency having expertise and programs related to the activities carried
out by those centers, including the Departments of Agriculture,
Commerce, and Health and Human Services and the Environmental Protection
Agency.
(b) Availability of Funds.--Amounts made available under any
provision of law for the activities described in subsection (a) shall be
available until expended and may be used notwithstanding any other
provision of law.
SEC. 1139. RESEARCH AND EXCHANGE ACTIVITIES BY SCIENCE AND TECHNOLOGY
CENTERS.
(a) In General.--Support for science and technology centers in the
independent states of the former Soviet Union, as authorized
[[Page 113 STAT. 1501A-497]]
by section 503(a)(5) of the FREEDOM Support Act (22 U.S.C. 5853(a)(5))
and section 1412(b) of the Former Soviet Union Demilitarization Act of
1992 (title XIV of Public Law 102-484, 22 U.S.C. 5901 et seq.), is
authorized for activities described in subsection (b) to support the
redirection of former Soviet weapons scientists, especially those with
expertise in weapons of mass destruction (nuclear, radiological,
chemical, biological), missile and other delivery systems, and other
advanced technologies with military applications.
(b) Activities Supported.--Activities supported under subsection (a)
include--
(1) any research activity involving the participation of
former Soviet weapons scientists and civilian scientists and
engineers, if the participation of the weapons scientists
predominates; and
(2) any program of international exchanges that would
provide former Soviet weapons scientists exposure to, and the
opportunity to develop relations with, research and industry
partners.
TITLE XII--SECURITY ASSISTANCE
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Security Assistance Act of 1999''.
Subtitle A--Transfers of Excess Defense Articles
SEC. 1211. EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTHERN EUROPEAN
COUNTRIES.
(a) Transportation and Related Costs.--Section 105 of Public Law
104-164 (110 Stat. 1427) is amended by striking ``1999 and 2000'' and
inserting ``2000 and 2001''.
(b) Excess Defense Articles for Greece and Turkey.--Section
516(b)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(b)(2))
is amended by inserting after ``four-year period beginning on October 1,
1996,'' the following: ``and thereafter for the four-period beginning on
October 1, 2000,''.
SEC. 1212. EXCESS DEFENSE ARTICLES FOR CERTAIN OTHER COUNTRIES.
(a) Uses For Which Funds Are Available.--Notwithstanding section
516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)),
during each of the fiscal years 2000 and 2001, funds available to the
Department of Defense may be expended for crating, packing, handling,
and transportation of excess defense articles transferred under the
authority of section 516 of that Act to Estonia, Georgia, Hungary,
Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Poland, Slovakia,
Ukraine, and Uzbekistan.
(b) Content of Congressional Notification.--Each notification
required to be submitted under section 516(f) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j(f)) with respect to a proposed transfer of
a defense article described in subsection (a) shall
[[Page 113 STAT. 1501A-498]]
include an estimate of the amount of funds to be expended under
subsection (a) with respect to that transfer.
SEC. 1213. INCREASE IN ANNUAL LIMITATION ON TRANSFER OF EXCESS DEFENSE
ARTICLES.
Section 516(g)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j(g)(1)) is amended by striking ``$350,000,000'' and inserting
``$425,000,000''.
Subtitle B--Foreign Military Sales Authorities
SEC. 1221. TERMINATION OF FOREIGN MILITARY TRAINING.
Section 617 of the Foreign Assistance Act of 1961 (22 U.S.C. 2367)
is amended by adding at the end the following new sentence: ``Such
expenses for orderly termination of programs under the Arms Export
Control Act may include the obligation and expenditure of funds to
complete the training or studies outside the countries of origin of
students whose course of study or training program began before
assistance was terminated, as long as the origin country's termination
was not a result of activities beyond default of financial
responsibilities.''.
SEC. 1222. SALES OF EXCESS COAST GUARD PROPERTY.
Section 21(a)(1) of the Arms Export Control Act (22 U.S.C.
2761(a)(1)) is amended in the matter preceding subparagraph (A) by
inserting ``and the Coast Guard'' after ``Department of Defense''.
SEC. 1223. COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES.
Section 22(d) of the Arms Export Control Act (22 U.S.C. 2762(d)) is
amended--
(1) by striking ``Procurement contracts'' and inserting
``(1) Procurement contracts''; and
(2) by adding at the end the following:
``(2) Direct costs associated with meeting additional or unique
requirements of the purchaser shall be allowable under contracts
described in paragraph (1). Loadings applicable to such direct costs
shall be permitted at the same rates applicable to procurement of like
items purchased by the Department of Defense for its own use.''.
SEC. 1224. NOTIFICATION OF UPGRADES TO DIRECT COMMERCIAL SALES.
Section 36(c) of the Arms Export Control Act (22 U.S.C. 2776(c)) is
amended by adding at the end the following new paragraph:
``(4) The provisions of subsection (b)(5) shall apply to any
equipment, article, or service for which a numbered certification has
been transmitted to Congress pursuant to paragraph (1) in the same
manner and to the same extent as that subsection applies to any
equipment, article, or service for which a numbered certification has
been transmitted to Congress pursuant to subsection (b)(1). For purposes
of such application, any reference in subsection (b)(5) to `a letter of
offer' or `an offer' shall be deemed to be a reference to `a
contract'.''.
[[Page 113 STAT. 1501A-499]]
SEC. 1225. UNAUTHORIZED USE OF DEFENSE ARTICLES.
Section 3 of the Arms Export Control Act (22 U.S.C. 2753) is amended
by adding at the end the following new subsection:
``(g) Any agreement for the sale or lease of any article on the
United States Munitions List entered into by the United States
Government after the date of enactment of this subsection shall state
that the United States Government retains the right to verify credible
reports that such article has been used for a purpose not authorized
under section 4 or, if such agreement provides that such article may
only be used for purposes more limited than those authorized under
section 4, for a purpose not authorized under such agreement.''.
Subtitle C--Stockpiling of Defense Articles for Foreign Countries
SEC. 1231. ADDITIONS TO UNITED STATES WAR RESERVE STOCKPILES FOR ALLIES.
Paragraph (2) of section 514(b) of the Foreign Assistance Act of
1961 (22 U.S.C. 2321h(b)(2)) is amended to read as follows:
``(2)(A) The value of such additions to stockpiles of defense
articles in foreign countries shall not exceed $60,000,000 for fiscal
year 2000.
``(B) Of the amount specified in subparagraph (A), not more than
$40,000,000 may be made available for stockpiles in the Republic of
Korea and not more than $20,000,000 may be made available for stockpiles
in Thailand.''.
SEC. 1232. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS DEFENSE ARTICLES IN
THE WAR RESERVES STOCKPILE FOR ALLIES.
(a) Items in the Korean Stockpile.--
(1) In general.--Notwithstanding section 514 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h), the President is
authorized to transfer to the Republic of Korea, in return for
concessions to be negotiated by the Secretary of Defense, with
the concurrence of the Secretary of State, any or all of the
items described in paragraph (2).
(2) Covered items.--The items referred to in paragraph (1)
are munitions, equipment, and material such as tanks, trucks,
artillery, mortars, general purpose bombs, repair parts,
ammunition, barrier material, and ancillary equipment, if such
items are--
(A) obsolete or surplus items;
(B) in the inventory of the Department of Defense;
(C) intended for use as reserve stocks for the
Republic of Korea; and
(D) as of the date of the enactment of this Act,
located in a stockpile in the Republic of Korea.
(b) Items in the Thailand Stockpile.--
(1) In general.--Notwithstanding section 514 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h), the President is
authorized to transfer to Thailand, in return for concessions to
be negotiated by the Secretary of Defense, with the concurrence
of the Secretary of State, any or all of the items described in
paragraph (2).
[[Page 113 STAT. 1501A-500]]
(2) Covered items.--The items referred to in paragraph (1)
are munitions, equipment, and material such as tanks, trucks,
artillery, mortars, general purpose bombs, repair parts,
ammunition, barrier material, and ancillary equipment, if such
items are--
(A) obsolete or surplus items;
(B) in the inventory of the Department of Defense;
(C) intended for use as reserve stocks for Thailand;
and
(D) as of the date of the enactment of this Act,
located in a stockpile in Thailand.
(c) Valuation of Concessions.--The value of concessions negotiated
pursuant to subsections (a) and (b) shall be at least equal to the fair
market value of the items transferred. The concessions may include cash
compensation, services, waiver of charges otherwise payable by the
United States, and other items of value.
(d) Prior Notifications of Proposed Transfers.--Not less than 30
days before making a transfer under the authority of this section, the
President shall transmit to the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the House of
Representatives a detailed notification of the proposed transfer, which
shall include an identification of the items to be transferred and the
concessions to be received.
(e) Termination of Authority.--No transfer may be made under the
authority of this section more than 3 years after the date of the
enactment of this Act.
Subtitle D--Defense Offsets Disclosure
SEC. 1241. SHORT TITLE.
This subtitle may be cited as the ``Defense Offsets Disclosure Act
of 1999''.
SEC. 1242. FINDINGS AND DECLARATION OF POLICY.
(a) Findings.--Congress makes the following findings:
(1) A fair business environment is necessary to advance
international trade, economic stability, and development
worldwide, is beneficial for American workers and businesses,
and is in the United States national interest.
(2) In some cases, mandated offset requirements can cause
economic distortions in international defense trade and
undermine fairness and competitiveness, and may cause particular
harm to small- and medium-sized businesses.
(3) The use of offsets may lead to increasing dependence on
foreign suppliers for the production of United States weapons
systems.
(4) The offset demands required by some purchasing
countries, including some close allies of the United States,
equal or exceed the value of the base contract they are intended
to offset, mitigating much of the potential economic benefit of
the exports.
(5) Offset demands often unduly distort the prices of
defense contracts.
(6) In some cases, United States contractors are required to
provide indirect offsets which can negatively impact nondefense
industrial sectors.
[[Page 113 STAT. 1501A-501]]
(7) Unilateral efforts by the United States to prohibit
offsets may be impractical in the current era of globalization
and would severely hinder the competitiveness of the United
States defense industry in the global market.
(8) The development of global standards to manage and
restrict demands for offsets would enhance United States efforts
to mitigate the negative impact of offsets.
(b) Declaration of Policy.--It is the policy of the United States to
monitor the use of offsets in international defense trade, to promote
fairness in such trade, and to ensure that foreign participation in the
production of United States weapons systems does not harm the economy of
the United States.
SEC. 1243. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on International Relations of the
House of Representatives.
(2) G-8.--The term ``G-8'' means the group consisting of
France, Germany, Japan, the United Kingdom, the United States,
Canada, Italy, and Russia established to facilitate economic
cooperation among the eight major economic powers.
(3) Offset.--The term ``offset'' means the entire range of
industrial and commercial benefits provided to foreign
governments as an inducement or condition to purchase military
goods or services, including benefits such as coproduction,
licensed production, subcontracting, technology transfer, in-
country procurement, marketing and financial assistance, and
joint ventures.
(4) Transatlantic economic partnership.--The term
``Transatlantic Economic Partnership'' means the joint
commitment made by the United States and the European Union to
reinforce their close relationship through an initiative
involving the intensification and extension of multilateral and
bilateral cooperation and common actions in the areas of trade
and investment.
(5) Wassenaar arrangement.--The term ``Wassenaar
Arrangement'' means the multilateral export control regime in
which the United States participates that seeks to promote
transparency and responsibility with regard to transfers of
conventional armaments and sensitive dual-use items.
(6) World trade organization.--The term ``World Trade
Organization'' means the organization established pursuant to
the WTO Agreement.
(7) WTO agreement.--The term ``WTO Agreement'' means the
Agreement Establishing the World Trade Organization entered into
on April 15, 1994.
SEC. 1244. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the executive branch should pursue efforts to address
trade fairness by establishing reasonable, business-friendly
standards for the use of offsets in international business
transactions between the United States and its trading partners
and competitors;
[[Page 113 STAT. 1501A-502]]
(2) the Secretary of Defense, the Secretary of State, the
Secretary of Commerce, and the United States Trade
Representative, or their designees, should raise with other
industrialized nations at every suitable venue the need for
transparency and reasonable standards to govern the role of
offsets in international defense trade;
(3) the United States Government should enter into
discussions regarding the establishment of multilateral
standards for the use of offsets in international defense trade
through the appropriate multilateral fora, including such
organizations as the Transatlantic Economic Partnership, the
Wassenaar Arrangement, the G-8, and the World Trade
Organization; and
(4) the United States Government, in entering into the
discussions described in paragraph (3), should take into account
the distortions produced by the provision of other benefits and
subsidies, such as export financing, by various countries to
support defense trade.
SEC. 1245. REPORTING OF OFFSET AGREEMENTS.
(a) Initial Reporting of Offset Agreements.--
(1) Government-to-government sales.--Section 36(b)(1) of the
Arms Export Control Act (22 U.S.C. 2776(b)(1)) is amended in
subparagraph (C) of the fifth sentence, by striking ``and a
description'' and all that follows and inserting ``and a
description of any offset agreement with respect to such
sale;''.
(2) Commercial sales.--Section 36(c)(1) of the Arms Export
Control Act (22 U.S.C. 2776(c)(1)) is amended in the second
sentence, by striking ``(if known on the date of transmittal of
such certification)'' and inserting ``and a description of any
such offset agreement''.
(b) Confidentiality of Information Relating to Offset Agreements.--
Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended--
(1) by redesignating the second subsection (e) (as added by
section 155 of Public Law 104-164) as subsection (f); and
(2) by adding at the end the following new subsection:
``(g) Information relating to offset agreements provided pursuant to
subparagraph (C) of the fifth sentence of subsection (b)(1) and the
second sentence of subsection (c)(1) shall be treated as confidential
information in accordance with section 12(c) of the Export
Administration Act of 1979 (50 U.S.C. App. 2411(c)).''.
SEC. 1246. EXPANDED PROHIBITION ON INCENTIVE PAYMENTS.
(a) In General.--Section 39A(a) of the Arms Export Control Act (22
U.S.C. 2779a(a)) is amended--
(1) by inserting ``or licensed'' after ``sold''; and
(2) by inserting ``or export'' after ``sale''.
(b) Definition of United States Person.--Section 39A(d)(3)(B)(ii) of
the Arms Export Control Act (22 U.S.C. 2779a(d)(3)(B)(ii)) is amended by
inserting ``or by an entity described in clause (i)'' after
``subparagraph (A)''.
SEC. 1247. ESTABLISHMENT OF REVIEW COMMISSION.
(a) In General.--There is established a National Commission on the
Use of Offsets in Defense Trade (in this section referred
[[Page 113 STAT. 1501A-503]]
to as the ``Commission'') to address all aspects of the use of offsets
in international defense trade.
(b) Commission Membership.--Not later than 120 days after the date
of enactment of this Act, the President, with the concurrence of the
Majority and Minority Leaders of the Senate and the Speaker and Minority
Leader of the House of Representatives, shall appoint 11 individuals to
serve as members of the Commission. Commission membership shall
include--
(1) representatives from the private sector, including--
(A) one each from--
(i) a labor organization,
(ii) a United States defense manufacturing
company dependent on foreign sales,
(iii) a United States company dependent on
foreign sales that is not a defense manufacturer,
and
(iv) a United States company that specializes
in international investment, and
(B) two members from academia with widely recognized
expertise in international economics; and
(2) five members from the executive branch, including a
member from--
(A) the Office of Management and Budget,
(B) the Department of Commerce,
(C) the Department of Defense,
(D) the Department of State, and
(E) the Department of Labor.
The member designated from the Office of Management and Budget shall
serve as Chairperson of the Commission. The President shall ensure that
the Commission is nonpartisan and that the full range of perspectives on
the subject of offsets in the defense industry is adequately
represented.
(c) Duties.--The Commission shall be responsible for reviewing and
reporting on--
(1) the full range of current practices by foreign governments
in requiring offsets in purchasing agreements and the extent and
nature of offsets offered by United States and foreign defense
industry contractors;
(2) the impact of the use of offsets on defense
subcontractors and nondefense industrial sectors affected by
indirect offsets; and
(3) the role of offsets, both direct and indirect, on
domestic industry stability, United States trade competitiveness
and national security.
(d) Commission Report.--Not later than 12 months after the
Commission is established, the Commission shall submit a report to the
appropriate congressional committees. In addition to the items described
under subsection (c), the report shall include--
(1) an analysis of--
(A) the collateral impact of offsets on industry
sectors that may be different than those of the
contractor providing the offsets, including estimates of
contracts and jobs lost as well as an assessment of
damage to industrial sectors;
(B) the role of offsets with respect to
competitiveness of the United States defense industry in
international trade and the potential damage to the
ability of United States contractors to compete if
offsets were prohibited or limited; and
[[Page 113 STAT. 1501A-504]]
(C) the impact on United States national security,
and upon United States nonproliferation objectives, of
the use of coproduction, subcontracting, and technology
transfer with foreign governments or companies that
results from fulfilling offset requirements, with
particular emphasis on the question of dependency upon
foreign nations for the supply of critical components or
technology;
(2) proposals for unilateral, bilateral, or multilateral
measures aimed at reducing any detrimental effects of offsets;
and
(3) an identification of the appropriate executive branch
agencies to be responsible for monitoring the use of offsets in
international defense trade.
(e) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(f) Initial Meeting.--Not later than 30 days after the date on which
all members of the Commission have been appointed, the Commission shall
hold its first meeting.
(g) Meetings.--The Commission shall meet at the call of the
Chairman.
(h) Commission Personnel Matters.--
(1) Compensation of members.--Each member of the Commission
who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
Commission. All members of the Commission who are officers or
employees of the United States shall serve without compensation
in addition to that received for their services as officers or
employees of the United States.
(2) Travel expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code, while
away from their homes or regular places of business in the
performance of services for the Commission.
(3) Staff.--
(A) In general.--The Chairman of the Commission may,
without regard to the civil service laws and
regulations, appoint and terminate an executive director
and such other additional personnel as may be necessary
to enable the Commission to perform its duties. The
employment of an executive director shall be subject to
confirmation by the Commission.
(B) Compensation.--The Chairman of the Commission
may fix the compensation of the executive director and
other personnel without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of
positions and General Schedule pay rates, except that
the rate of pay for the executive director and other
personnel may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of such title.
[[Page 113 STAT. 1501A-505]]
(4) Detail of government employees.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(5) Procurement of temporary and intermittent services.--The
Chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the
daily equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of such
title.
(i) Termination.--The Commission shall terminate 30 days after the
transmission of the report from the President as mandated in section
1248(b).
SEC. 1248. MULTILATERAL STRATEGY TO ADDRESS OFFSETS.
(a) In General.--The President shall initiate a review to determine
the feasibility of establishing, and the most effective means of
negotiating, a multilateral treaty on standards for the use of offsets
in international defense trade, with a goal of limiting all offset
transactions that are considered injurious to the economy of the United
States.
(b) Report Required.--Not later than 90 days after the date on which
the Commission submits the report required under section 1247(d), the
President shall submit to the appropriate congressional committees a
report containing the President's determination pursuant to subsection
(a), and, if the President determines a multilateral treaty is feasible
or desirable, a strategy for United States negotiation of such a treaty.
One year after the date the report is submitted under the preceding
sentence, and annually thereafter for 5 years, the President shall
submit to the appropriate congressional committees a report detailing
the progress toward reaching such a treaty.
(c) Required Information.--The report required by subsection (b)
shall include--
(1) a description of the United States efforts to pursue
multilateral negotiations on standards for the use of offsets in
international defense trade;
(2) an evaluation of existing multilateral fora as
appropriate venues for establishing such negotiations;
(3) a description on a country-by-country basis of any
United States efforts to engage in negotiations to establish
bilateral treaties or agreements with respect to the use of
offsets in international defense trade; and
(4) an evaluation on a country-by-country basis of any
foreign government efforts to address the use of offsets in
international defense trade.
(d) Comptroller General Review.--The Comptroller General of the
United States shall monitor and periodically report to Congress on the
progress in reaching a multilateral treaty.
Subtitle E--Automated Export System Relating to Export Information
SEC. 1251. SHORT TITLE.
This subtitle may be cited as the ``Proliferation Prevention
Enhancement Act of 1999''.
[[Page 113 STAT. 1501A-506]]
SEC. 1252. MANDATORY USE OF THE AUTOMATED EXPORT SYSTEM FOR FILING
CERTAIN SHIPPERS' EXPORT DECLARATIONS.
(a) Authority.--Section 301 of title 13, United States Code, is
amended by adding at the end the following new subsection:
``(h) The Secretary is authorized to require by regulation the
filing of Shippers' Export Declarations under this chapter through an
automated and electronic system for the filing of export information
established by the Department of the Treasury.''.
(b) Implementing Regulations.--
(1) In general.--The Secretary of Commerce, with the
concurrence of the Secretary of State, shall publish regulations
in the Federal Register to require that, upon the effective date
of those regulations, exporters (or their agents) who are
required to file Shippers' Export Declarations under chapter 9
of title 13, United States Code, file such Declarations through
the Automated Export System with respect to exports of items on
the United States Munitions List or the Commerce Control List.
(2) Elements of the regulations.--The regulations referred
to in paragraph (1) shall include at a minimum--
(A) provision by the Department of Commerce for the
establishment of on-line assistance services to be
available for those individuals who must use the
Automated Export System;
(B) provision by the Department of Commerce for
ensuring that an individual who is required to use the
Automated Export System is able to print out from the
System a validated record of the individual's
submission, including the date of the submission and a
serial number or other unique identifier, where
appropriate, for the export transaction; and
(C) a requirement that the Department of Commerce
print out and maintain on file a paper copy or other
acceptable back-up record of the individual's submission
at a location selected by the Secretary of Commerce.
(c) Effective Date.--The amendment made by subsection (a) shall take
effect 270 days after the Secretary of Commerce, the Secretary of the
Treasury, and the Director of the National Institute of Standards and
Technology jointly provide a certification to the Committee on Foreign
Relations of the Senate and the Committee on International Relations of
the House of Representatives that a secure Automated Export System
available through the Internet that is capable of handling the expected
volume of information required to be filed under subsection (b), plus
the anticipated volume from voluntary use of the Automated Export
System, has been successfully implemented and tested and is fully
functional with respect to reporting all items on the United States
Munitions List, including their quantities and destinations.
SEC. 1253. VOLUNTARY USE OF THE AUTOMATED EXPORT SYSTEM.
It is the sense of Congress that exporters (or their agents) who are
required to file Shippers' Export Declarations under chapter 9 of title
13, United States Code, but who are not required under section 1252(b)
to file such Declarations using the Automated Export System, should do
so.
[[Page 113 STAT. 1501A-507]]
SEC. 1254. REPORT TO APPROPRIATE COMMITTEES OF CONGRESS.
(a) In General.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Commerce, in consultation with the
Secretary of State, the Secretary of Defense, the Secretary of the
Treasury, the Secretary of Energy, and the Director of Central
Intelligence, shall submit a report to the appropriate committees of
Congress setting forth--
(1) the advisability and feasibility of mandating electronic
filing through the Automated Export System for all Shippers'
Export Declarations;
(2) the manner in which data gathered through the Automated
Export System can most effectively be used, consistent with the
need to ensure the confidentiality of business information, by
other automated licensing systems administered by Federal
agencies, including--
(A) the Defense Trade Application System of the
Department of State;
(B) the Export Control Automated Support System of
the Department of Commerce;
(C) the Foreign Disclosure and Technology
Information System of the Department of Defense;
(D) the Proliferation Information Network System of
the Department of Energy;
(E) the Enforcement Communication System of the
Department of the Treasury; and
(F) the Export Control System of the Central
Intelligence Agency; and
(3) a proposed timetable for any expansion of information
required to be filed through the Automated Export System.
(b) Definition.--In this section, the term ``appropriate committees
of Congress'' means the Committee on Foreign Relations of the Senate and
the Committee on International Relations of the House of
Representatives.
SEC. 1255. ACCELERATION OF DEPARTMENT OF STATE LICENSING PROCEDURES.
Notwithstanding any other provision of law, the Secretary of State
may use funds appropriated or otherwise made available to the Department
of State to employ--
(1) up to 40 percent of the individuals who are performing
services within the Office of Defense Trade Controls of the
Department of State in positions classified at GS-14 and GS-15
on the General Schedule under section 5332 of title 5, United
States Code; and
(2) other individuals within the Office at a rate of basic
pay that may exceed the maximum rate payable for positions
classified at GS-15 on the General Schedule under section 5332
of that title.
SEC. 1256. DEFINITIONS.
In this subtitle:
(1) Automated export system.--The term ``Automated Export
System'' means the automated and electronic system for filing
export information established under chapter 9 of title 13,
United States Code, on June 19, 1995 (60 Federal Register
32040).
[[Page 113 STAT. 1501A-508]]
(2) Commerce control list.--The term ``Commerce Control
List'' has the meaning given the term in section 774.1 of title
15, Code of Federal Regulations.
(3) Shippers' export declaration.--The term ``Shippers'
Export Declaration'' means the export information filed under
chapter 9 of title 13, United States Code, as described in part
30 of title 15, Code of Federal Regulations.
(4) United states munitions list.--The term ``United States
Munitions List'' means the list of items controlled under
section 38 of the Arms Export Control Act (22 U.S.C. 2778).
Subtitle F--International Arms Sales Code of Conduct Act of 1999
SEC. 1261. SHORT TITLE.
This subtitle may be cited as the ``International Arms Sales Code of
Conduct Act of 1999''.
SEC. 1262. INTERNATIONAL ARMS SALES CODE OF CONDUCT.
(a) Negotiations.--The President shall attempt to achieve the
foreign policy goal of an international arms sales code of conduct. The
President shall take the necessary steps to begin negotiations within
appropriate international fora not later than 120 days after the date of
the enactment of this Act. The purpose of these negotiations shall be to
establish an international regime to promote global transparency with
respect to arms transfers, including participation by countries in the
United Nations Register of Conventional Arms, and to limit, restrict, or
prohibit arms transfers to countries that do not observe certain
fundamental values of human liberty, peace, and international stability.
(b) Criteria.--The President shall consider the following criteria
in the negotiations referred to in subsection (a):
(1) Promotes democracy.--The government of the country--
(A) was chosen by and permits free and fair
elections;
(B) promotes civilian control of the military and
security forces and has civilian institutions
controlling the policy, operation, and spending of all
law enforcement and security institutions, as well as
the armed forces;
(C) promotes the rule of law and provides its
nationals the same rights that they would be afforded
under the United States Constitution if they were United
States citizens; and
(D) promotes the strengthening of political,
legislative, and civil institutions of democracy, as
well as autonomous institutions to monitor the conduct
of public officials and to combat corruption.
(2) Respects human rights.--The government of the country--
(A) does not persistently engage in gross violations
of internationally recognized human rights, including--
(i) extrajudicial or arbitrary executions;
(ii) disappearances;
(iii) torture or severe mistreatment;
(iv) prolonged arbitrary imprisonment;
[[Page 113 STAT. 1501A-509]]
(v) systematic official discrimination on the
basis of race, ethnicity, religion, gender,
national origin, or political affiliation; and
(vi) grave breaches of international laws of
war or equivalent violations of the laws of war in
internal armed conflicts;
(B) vigorously investigates, disciplines, and
prosecutes those responsible for gross violations of
internationally recognized human rights;
(C) permits access on a regular basis to political
prisoners by international humanitarian organizations;
(D) promotes the independence of the judiciary and
other official bodies that oversee the protection of
human rights;
(E) does not impede the free functioning of domestic
and international human rights organizations; and
(F) provides access on a regular basis to
humanitarian organizations in situations of conflict or
famine.
(3) Not engaged in certain acts of armed aggression.--The
government of the country is not engaged in acts of armed
aggression in violation of international law.
(4) Not supporting terrorism.--The government of the country
does not provide support for international terrorism.
(5) Not contributing to proliferation of weapons of mass
destruction.--The government of the country does not contribute
to the proliferation of weapons of mass destruction.
(6) Regional location of country.--The country is not
located in a region in which arms transfers would exacerbate
regional arms races or international tensions that present a
danger to international peace and stability.
(c) Reports to Congress.--
(1) Report relating to negotiations.--Not later than 6
months after the commencement of the negotiations under
subsection (a), and not later than the end of every 6-month
period thereafter until an agreement described in subsection (a)
is concluded, the President shall report to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate on the progress
made during these negotiations.
(2) Human rights reports.--In the report required in
sections 116(d) and 502B(b) of the Foreign Assistance Act of
1961 (22 U.S.C. 2151n(b) and 2304(b)), the Secretary of State
shall describe the extent to which the practices of each country
evaluated meet the criteria in paragraphs (1)(A) and (2) of
subsection (a).
Subtitle G--Transfer of Naval Vessels to Certain Foreign Countries
SEC. 1271. AUTHORITY TO TRANSFER NAVAL VESSELS.
(a) Inapplicability of Aggregate Annual Limitation on Value of
Transferred Excess Defense Articles.--The value of a vessel transferred
to another country on a grant basis under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to authority provided
by section 1018(a) of the National Defense Authorization Act for Fiscal
Year 2000 shall not be counted
[[Page 113 STAT. 1501A-510]]
for the purposes of section 516(g) of the Foreign Assistance Act of 1961
in the aggregate value of excess defense articles transferred to
countries under that section in any fiscal year.
(b) Technical and Conforming Amendments.--Section 1018 of the
National Defense Authorization Act for Fiscal Year 2000 is amended--
(1) in subsections (a) and (d), by striking ``Secretary of
the Navy'' each place it appears and inserting ``President'';
(2) by striking subsection (b); and
(3) by redesignating subsections (c) through (e) as
subsections (b) through (d), respectively.
TITLE XIII--MISCELLANEOUS PROVISIONS
SEC. 1301. PUBLICATION OF ARMS SALES CERTIFICATIONS.
(a) In General.--Section 36 of the Arms Export Control Act (22
U.S.C. 2776) is amended in the second subsection (e) (as added by
section 155 of Public Law 104-164)--
(1) by inserting ``in a timely manner'' after ``to be
published''; and
(2) by striking ``the full unclassified text of'' and all
that follows and inserting the following: ``the full
unclassified text of--
``(1) each numbered certification submitted pursuant to
subsection (b);
``(2) each notification of a proposed commercial sale
submitted under subsection (c); and
``(3) each notification of a proposed commercial technical
assistance or manufacturing licensing agreement submitted under
subsection (d).''.
(b) Notice of Classified Arms Sales.--
(1) Government-to-government sales.--Section 36(b)(1) of the
Arms Export Control Act (22 U.S.C. 2776(b)(1)) is amended in the
sixth sentence by inserting before the period at the end the
following: ``, in which case the information shall be
accompanied by a description of the damage to the national
security that could be expected to result from public disclosure
of the information''.
(2) Commercial sales.--Section 36(c)(1) of the Arms Export
Control Act (22 U.S.C. 2776(c)(1)) is amended in the fifth
sentence by inserting before the period at the end the
following: ``, in which case the information shall be
accompanied by a description of the damage to the national
security that could be expected to result from public disclosure
of the information''.
SEC. 1302. NOTIFICATION REQUIREMENTS FOR COMMERCIAL EXPORT OF ITEMS ON
UNITED STATES MUNITIONS LIST.
(a) Notification Requirement.--Section 38 of the Arms Export Control
Act (22 U.S.C. 2778) is amended by adding at the end the following:
``(i) As prescribed in regulations issued under this section, a
United States person to whom a license has been granted to export an
item on the United States Munitions List shall, not later than 15 days
after the item is exported, submit to the Department
[[Page 113 STAT. 1501A-511]]
of State a report containing all shipment information, including a
description of the item and the quantity, value, port of exit, and end-
user and country of destination of the item.''.
(b) Quarterly Reports to Congress.--Section 36(a) of the Arms Export
Control Act (22 U.S.C. 2776(a)) is amended--
(A) in paragraph (11), by striking ``and'' at the
end;
(B) in paragraph (12), by striking ``third-party
transfers.'' and inserting ``third-party transfers;
and''; and
(C) by adding after paragraph (12) (but before the
last sentence of the subsection), the following:
``(13) a report on all exports of significant military
equipment for which information has been provided pursuant to
section 38(i).''.
SEC. 1303. ENFORCEMENT OF ARMS EXPORT CONTROL ACT.
The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended in
sections 38(e), 39A(c), and 40(k) by inserting after ``except that''
each place it appears the following: ``section 11(c)(2)(B) of such Act
shall not apply, and instead, as prescribed in regulations issued under
this section, the Secretary of State may assess civil penalties for
violations of this Act and regulations prescribed thereunder and further
may commence a civil action to recover such civil penalties, and except
further that''.
SEC. 1304. VIOLATIONS RELATING TO MATERIAL SUPPORT TO TERRORISTS.
Section 38(g)(1)(A)(iii) of the Arms Export Control Act (22 U.S.C.
2778(g)(1)(A)(iii)) is amended by adding at the end before the comma the
following: ``or section 2339A of such title (relating to providing
material support to terrorists)''.
SEC. 1305. AUTHORITY TO CONSENT TO THIRD PARTY TRANSFER OF EX-U.S.S.
BOWMAN COUNTY TO USS LST SHIP MEMORIAL, INC.
(a) Findings.--Congress makes the following findings:
(1) It is the long-standing policy of the United States
Government to deny requests for the retransfer of significant
military equipment that originated in the United States to
private entities.
(2) In very exceptional circumstances, when the United
States public interest would be served by the proposed
retransfer and end-use, such requests may be favorably
considered.
(3) Such retransfers to private entities have been
authorized in very exceptional circumstances following
appropriate demilitarization and receipt of assurances from the
private entity that the item to be transferred would be used
solely in furtherance of Federal Government contracts or for
static museum display.
(4) Nothing in this section should be construed as a
revision of long-standing policy referred to in paragraph (1).
(5) The Government of Greece has requested the consent of
the United States Government to the retransfer of HS Rodos (ex-
U.S.S. Bowman County (LST 391)) to the USS LST Ship Memorial,
Inc.
(b) Authority To Consent to Retransfer.--
(1) In general.--Subject to paragraph (2), the President may
consent to the retransfer by the Government of Greece
[[Page 113 STAT. 1501A-512]]
of HS Rodos (ex-U.S.S. Bowman County (LST 391)) to the USS LST
Ship Memorial, Inc.
(2) Conditions for consent.--The President should not
exercise the authority under paragraph (1) unless USS LST
Memorial, Inc.--
(A) utilizes the vessel for public, nonprofit,
museum-related purposes; and
(B) complies with applicable law with respect to the
vessel, including law related to demilitarization of
guns prior to transfer and to facilitation of Federal
Government monitoring and mitigation of potential
environmental hazards associated with aging vessels, and
has a demonstrated financial capability to so comply.
SEC. 1306. ANNUAL MILITARY ASSISTANCE REPORT.
(a) Information Relating to Military Assistance and Military
Exports.--Section 655(b) of the Foreign Assistance Act of 1961 (22
U.S.C. 2415(b)) is amended to read as follows:
``(b) Information Relating to Military Assistance and Military
Exports.--Each such report shall show the aggregate dollar value and
quantity of defense articles (including excess defense articles),
defense services, and international military education and training
activities authorized by the United States and of such articles,
services, and activities provided by the United States, excluding any
activity that is reportable under title V of the National Security Act
of 1947, to each foreign country and international organization. The
report shall specify, by category, whether such defense articles--
``(1) were furnished by grant under chapter 2 or chapter 5
of part II of this Act or under any other authority of law or by
sale under chapter 2 of the Arms Export Control Act;
``(2) were furnished with the financial assistance of the
United States Government, including through loans and
guarantees; or
``(3) were licensed for export under section 38 of the Arms
Export Control Act.''.
(b) Availability on Internet.--Section 655 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2415) is amended by adding at the end the
following:
``(d) Availability on Internet.--All unclassified portions of such
report shall be made available to the public on the Internet through the
Department of State.''.
SEC. 1307. ANNUAL FOREIGN MILITARY TRAINING REPORT.
Chapter 3 of part III of the Foreign Assistance Act of 1961 (22
U.S.C. 2401 et seq.) is amended by inserting after section 655 the
following:
``SEC. 656. ANNUAL FOREIGN MILITARY TRAINING REPORT.
``(a) Annual Report.--Not later than January 31 of each year, the
Secretary of Defense and the Secretary of State shall jointly prepare
and submit to the appropriate congressional committees a report on all
military training provided to foreign military personnel by the
Department of Defense and the Department of State during the previous
fiscal year and all such training proposed for the current fiscal year.
``(b) Contents.--The report described in subsection (a) shall
include the following:
[[Page 113 STAT. 1501A-513]]
``(1) For each military training activity, the foreign
policy justification and purpose for the activity, the number of
foreign military personnel provided training and their units of
operation, and the location of the training.
``(2) For each country, the aggregate number of students
trained and the aggregate cost of the military training
activities.
``(3) With respect to United States personnel, the
operational benefits to United States forces derived from each
military training activity and the United States military units
involved in each activity.
``(c) Form.--The report described in subsection (a) shall be in
unclassified form but may include a classified annex.
``(d) Availability on Internet.--All unclassified portions of the
report described in subsection (a) shall be made available to the public
on the Internet through the Department of State.
``(e) Definition.--In this section, the term `appropriate
congressional committees' means--
``(1) the Committee on Appropriations and the Committee on
International Relations of the House of Representatives; and
``(2) the Committee on Appropriations and the Committee on
Foreign Relations of the Senate.''.
SEC. 1308. SECURITY ASSISTANCE FOR THE PHILIPPINES.
(a) Statement of Policy.--The Congress declares the following:
(1) The President should transfer to the Government of the
Philippines, on a grant basis under section 516 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j), the excess defense
articles described in subsection (b).
(2) The United States should not oppose the transfer of F-5
aircraft by a third country to the Government of the
Philippines.
(b) Excess Defense Articles.--The excess defense articles described
in this subsection are the following:
(1) UH-1 helicopters and A-4 aircraft.
(2) Amphibious landing craft, naval patrol vessels
(including patrol vessels of the Coast Guard), and other naval
vessels (such as frigates), if such vessels are available.
(c) Funding.--Of the amounts made available to carry out section 23
of the Arms Export Control Act (22 U.S.C. 2763) for fiscal years 2000
and 2001, $5,000,000 for each such fiscal year should be made available
for assistance on a grant basis for the Philippines.
SEC. 1309. EFFECTIVE REGULATION OF SATELLITE EXPORT ACTIVITIES.
(a) Licensing regime.--
(1) Establishment.--The Secretary of State shall establish a
regulatory regime for the licensing for export of commercial
satellites, satellite technologies, their components, and
systems which shall include expedited approval, as appropriate,
of the licensing for export by United States companies of
commercial satellites, satellite technologies, their components,
and systems, to NATO allies and major non-NATO allies (as used
within the meaning of section 644(q) of the Foreign Assistance
Act of 1961).
[[Page 113 STAT. 1501A-514]]
(2) Requirements.--For proposed exports to those nations
which meet the requirements of paragraph (1), the regime should
include expedited processing of requests for export
authorizations that--
(A) are time-critical, including a transfer or
exchange of information relating to a satellite failure
or anomaly in-flight or on-orbit;
(B) are required to submit bids to procurements
offered by foreign persons;
(C) relate to the re-export of unimproved materials,
products, or data; or
(D) are required to obtain launch and on-orbit
insurance.
(3) Additional requirements.--In establishing the regulatory
regime under paragraph (1), the Secretary of State shall ensure
that--
(A) United States national security considerations
and United States obligations under the Missile
Technology Control Regime are given priority in the
evaluation of any license; and
(B) such time is afforded as is necessary for the
Department of Defense, the Department of State, and the
United States intelligence community to conduct a review
of any license.
(b) Financial and Personnel Resources.--Of the funds authorized to
be appropriated in section 101(1)(A), $9,000,000 is authorized to be
appropriated for the Office of Defense Trade Controls of the Department
of State for each of the fiscal years 2000 and 2001, to enable that
office to carry out its responsibilities.
(c) Improvement and Assessment.--The Secretary of State should, not
later than 6 months after the date of the enactment of this Act, submit
to the Congress a plan for--
(1) continuously gathering industry and public suggestions
for potential improvements in the Department of State's export
control regime for commercial satellites; and
(2) arranging for the conduct and submission to Congress,
not later than 15 months after the date of the enactment of this
Act, of an independent review of the export control regime for
commercial satellites as to its effectiveness at promoting
national security and economic competitiveness.
SEC. 1310. STUDY ON LICENSING PROCESS UNDER THE ARMS EXPORT CONTROL ACT.
(a) Study.--Not later than 180 days after the date of enactment of
this Act, the Secretary of State should submit to the Committee on
Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives a study on the performance of
the licensing process pursuant to the Arms Export Control Act (22 U.S.C.
2751 et seq.), with recommendations on how to improve that performance.
(b) Contents.--The study should include the following:
(1) An analysis of the typology of licenses on which action
was completed in 1999. The analysis should provide information
on major categories of license requests, including--
(A) the number for nonautomatic small arms,
automatic small arms, technical data, parts and
components, and other weapons;
[[Page 113 STAT. 1501A-515]]
(B) the percentage of each category staffed to other
agencies;
(C) the average and median time taken for the
processing cycle for each category when staffed and not
staffed;
(D) the average time taken by Presidential or
National Security Council review or scrutiny, if
significant; and
(E) the average time spent at the Department of
State after a decision had been taken on a license but
before a contractor was notified of the decision.
For each major category of license requests under this
paragraph, the study should include a breakdown of licenses by
country and the identity of each country that has been
identified in the past three years pursuant to section 3(e) of
the Arms Export Control Act (22 U.S.C. 2753(e)).
(2) A review of the current computer capabilities of the
Department of State relevant to the processing of licenses and
its capability to communicate electronically with other agencies
and contractors, and what improvements could be made that would
speed the process, including the cost for such improvements.
(3) An analysis of the work load and salary structure for
export licensing officers of the Office of Defense Trade
Controls of the Department of State as compared to comparable
jobs at the Department of Commerce and the Department of
Defense.
(4) Any suggestions of the Department of State relating to
resources and regulations, and any relevant statutory changes
that might expedite the licensing process while furthering the
objectives of the Arms Export Control Act (22 U.S.C. 2751 et
seq.).
SEC. 1311. REPORT CONCERNING PROLIFERATION OF SMALL ARMS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate committees of Congress a report containing--
(1) an assessment of whether the global trade in small arms
poses any proliferation problems, including--
(A) estimates of the numbers and sources of licit
and illicit small arms and light arms in circulation and
their origins;
(B) the challenges associated with monitoring small
arms; and
(C) the political, economic, and security dimensions
of this issue, and the threats posed, if any, by these
weapons to United States interests, including national
security interests;
(2) an assessment of whether the export of small arms of the
type sold commercially in the United States should be considered
a foreign policy or proliferation issue;
(3) a description and analysis of the adequacy of current
Department of State activities to monitor and, to the extent
possible, ensure adequate control of, both the licit and illicit
manufacture, transfer, and proliferation of small arms and light
weapons, including efforts to survey and assess this matter with
respect to Africa and to survey and assess the scope
[[Page 113 STAT. 1501A-516]]
and scale of the issue, including stockpile security and
destruction of excess inventory, in NATO and Partnership for
Peace countries;
(4) a description of the impact of the reorganization of the
Department of State made by the Foreign Affairs Reform and
Restructuring Act of 1998 on the transfer of functions relating
to monitoring, licensing, analysis, and policy on small arms and
light weapons, including--
(A) the integration of and the functions relating to
small arms and light weapons of the United States Arms
Control and Disarmament Agency with those of the
Department of State;
(B) the functions of the Bureau of Arms Control, the
Bureau of Nonproliferation, the Bureau of Political-
Military Affairs, the Bureau of International Narcotics
and Law Enforcement, regional bureaus, and any other
relevant bureau or office of the Department of State,
including the allocation of personnel and funds, as they
pertain to small arms and light weapons;
(C) the functions of the regional bureaus of the
Department of State in providing information and policy
coordination in bilateral and multilateral settings on
small arms and light weapons;
(D) the functions of the Under Secretary of State
for Arms Control and International Security pertaining
to small arms and light weapons; and
(E) the functions of the scientific and policy
advisory board on arms control, nonproliferation, and
disarmament pertaining to small arms and light weapons;
and
(5) an assessment of whether foreign governments are
enforcing their own laws concerning small arms and light weapons
import and sale, including commitments under the Inter-American
Convention Against the Illicit Manufacturing of and Trafficking
in Firearms, Ammunition, Explosives, and Other Related Materials
or other relevant international agreements.
(b) Definition.--In this section, the term ``appropriate committees
of Congress'' means the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate and the Committee on
International Relations and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1312. CONFORMING AMENDMENT.
Subsection (d) of section 248 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
1958) is amended by inserting ``, and to the Committee on Foreign
Relations of the Senate and the Committee on International Relations of
the House of Representatives,'' after ``congressional defense
committees''.
[[Page 113 STAT. 1501A-517]]
APPENDIX H--H.R. 3428
SECTION 1. USE OF OPTION 1A AS PRICE STRUCTURE FOR CLASS I MILK UNDER
CONSOLIDATED FEDERAL MILK MARKETING ORDERS.
(a) Final Rule Defined.--In this section, the term ``final rule''
means the final rule for the consolidation and reform of Federal milk
marketing orders that was published in the Federal Register on September
1, 1999 (64 Fed. Reg. 47897-48021), to comply with section 143 of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7253).
(b) Implementation of Final Rule for Milk Order Reform.--Subject to
subsection (c), the final rule shall take effect, and be implemented by
the Secretary of Agriculture, on the first day of the first month
beginning at least 30 days after the date of the enactment of this Act.
(c) Use of Option 1A for Pricing Class I Milk.--In lieu of the Class
I price differentials specified in the final rule, the Secretary of
Agriculture shall price fluid or Class I milk under the Federal milk
marketing orders using the Class I price differentials identified as
Option 1A ``Location-Specific Differentials Analysis'' in the proposed
rule published in the Federal Register on January 30, 1998 (63 Fed. Reg.
4802, 4809), except that the Secretary shall include the corrections and
modifications to such Class I differentials made by the Secretary
through April 2, 1999.
(d) Effect of Prior Announcement of Minimum Prices.--If the
Secretary of Agriculture announces minimum prices for milk under Federal
milk marketing orders pursuant to section 1000.50 of title 7, Code of
Federal Regulations, before the effective date specified in subsection
(b), the minimum prices so announced before that date shall be the only
applicable minimum prices under Federal milk marketing orders for the
month or months for which the prices have been announced.
(e) Implementation of Requirement.--The implementation of the final
rule, as modified by subsection (c), shall not be subject to any of the
following:
(1) The notice and hearing requirements of section 8c(3) of
the Agricultural Adjustment Act (7 U.S.C. 608c(3)), reenacted
with amendments by the Agricultural Marketing Agreement Act of
1937, or the notice and comment provisions of section 553 of
title 5, United States Code.
(2) A referendum conducted by the Secretary of Agriculture
pursuant to subsections (17) or (19) of section 8c of the
Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with
amendments by the Agricultural Marketing Agreement Act of 1937.
[[Page 113 STAT. 1501A-518]]
(3) The Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking.
(4) Chapter 35 of title 44, United States Code (commonly
known as the Paperwork Reduction Act).
(5) Any decision, restraining order, or injunction issued by
a United States court before the date of the enactment of this
Act.
SEC. 2. FURTHER RULEMAKING TO DEVELOP PRICING METHODS FOR CLASS III AND
CLASS IV MILK UNDER MARKETING ORDERS.
(a) Congressional Finding.--The Class III and Class IV milk pricing
formulas included in the final decision for the consolidation and reform
of Federal milk marketing orders, as published in the Federal Register
on April 2, 1999 (64 Fed. Reg. 16025), do not adequately reflect public
comment on the original proposed rule published in the Federal Register
on January 30, 1998 (63 Fed. Reg. 4802), and are sufficiently different
from the proposed rule and any comments submitted with regard to the
proposed rule that further emergency rulemaking is merited.
(b) Rulemaking Required.--The Secretary of Agriculture shall conduct
rulemaking, on the record after an opportunity for an agency hearing, to
reconsider the Class III and Class IV milk pricing formulas included in
the final rule for the consolidation and reform of Federal milk
marketing orders that was published in the Federal Register on September
1, 1999 (64 Fed. Reg. 47897-48021).
(c) Time Period for Rulemaking.--On December 1, 2000, the Secretary
of Agriculture shall publish in the Federal Register a final decision on
the Class III and Class IV milk pricing formulas. The resulting formulas
shall take effect, and be implemented by the Secretary, on January 1,
2001.
(d) Effect of Court Order.--The actions authorized by subsections
(b) and (c) are intended to ensure the timely publication and
implementation of new pricing formulas for Class III and Class IV milk.
In the event that the Secretary of Agriculture is enjoined or otherwise
restrained by a court order from implementing a final decision within
the time period specified in subsection (c), the length of time for
which that injunction or other restraining order is effective shall be
added to the time limitations specified in subsection (c) thereby
extending those time limitations by a period of time equal to the period
of time for which the injunction or other restraining order is
effective.
(e) Failure To Timely Complete Rulemaking.--If the Secretary of
Agriculture fails to implement new Class III and Class IV milk pricing
formulas within the time period required under subsection (c) (plus any
additional period provided under subsection (d)), the Secretary may not
assess or collect assessments from milk producers or handlers under
section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted
with amendments by the Agricultural Marketing Agreement Act of 1937, for
marketing order administration and services provided under such section
after the end of that period until the pricing formulas are implemented.
The Secretary may not reduce the level of services provided under that
section on account of the prohibition against assessments, but shall
rather cover the cost of marketing order administration
[[Page 113 STAT. 1501A-519]]
and services through funds available for the Agricultural Marketing
Service of the Department.
(f) Implementation of Requirement.--The implementation of the final
decision on new Class III and Class IV milk pricing formulas shall not
be subject to congressional review under chapter 8 of title 5, United
States Code.
SEC. 3. DAIRY FORWARD PRICING PROGRAM.
The Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted
with amendments by the Agricultural Marketing Agreement Act of 1937, is
amended by adding at the end the following new section:
``SEC. 23. DAIRY FORWARD PRICING PILOT PROGRAM.
``(a) Pilot Program Required.--Not later than 90 days after the date
of the enactment of this section, the Secretary of Agriculture shall
establish a temporary pilot program under which milk producers and
cooperatives are authorized to voluntarily enter into forward price
contracts with milk handlers.
``(b) Minimum Milk Price Requirements.--Payments made by milk
handlers to milk producers and cooperatives, and prices received by milk
producers and cooperatives, under the forward contracts shall be deemed
to satisfy--
``(1) all regulated minimum milk price requirements of
paragraphs (B) and (F) of subsection (5) of section 8c; and
``(2) the requirement of paragraph (C) of such subsection
regarding total payments by each handler.
``(c) Milk Covered by Pilot Program.--
``(1) Covered milk.--The pilot program shall apply only with
respect to the marketing of federally regulated milk that--
``(A) is not classified as Class I milk or otherwise
intended for fluid use; and
``(B) is in the current of interstate or foreign
commerce or directly burdens, obstructs, or affects
interstate or foreign commerce in federally regulated
milk.
``(2) Relation to class i milk.--To assist milk handlers in
complying with the limitation in paragraph (1)(A) without having
to segregate or otherwise individually track the source and
disposition of milk, a milk handler may allocate milk receipts
from producers, cooperatives, and other sources that are not
subject to a forward contract to satisfy the handler's
obligations with regard to Class I milk usage.
``(d) Duration.--The authority of the Secretary of Agriculture to
carry out the pilot program shall terminate on December 31, 2004. No
forward price contract entered into under the program may extend beyond
that date.
``(e) Study and Report on Effect of Pilot Program.--
``(1) Study.--The Secretary of Agriculture shall conduct a
study on forward contracting between milk producers and
cooperatives and milk handlers to determine the impact on milk
prices paid to producers in the United States. To obtain
information for the study, the Secretary may use the authorities
available to the Secretary under section 8d, subject to the
confidentiality requirements of subsection (2) of such section.
``(2) Report.--Not later than April 30, 2002, the Secretary
shall submit to the Committee on Agriculture, Nutrition and
Forestry of the Senate and the Committee on Agriculture of
[[Page 113 STAT. 1501A-520]]
the House of Representatives a report containing the results of
the study.''.
SEC. 4. CONTINUATION OF CONGRESSIONAL CONSENT FOR NORTHEAST INTERSTATE
DAIRY COMPACT.
Section 147(3) of the Agricultural Market Transition Act (7 U.S.C.
7256(3)) is amended by striking ``concurrent with'' and all that follows
through the period at the end and inserting ``on September 30, 2001.''.
[[Page 113 STAT. 1501A-521]]
APPENDIX I--S. 1948
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intellectual
Property and Communications Omnibus Reform Act of 1999''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SATELLITE HOME VIEWER IMPROVEMENT
Sec. 1001. Short title.
Sec. 1002. Limitations on exclusive rights; secondary transmissions by
satellite carriers within local markets.
Sec. 1003. Extension of effect of amendments to section 119 of title 17,
United States Code.
Sec. 1004. Computation of royalty fees for satellite carriers.
Sec. 1005. Distant signal eligibility for consumers.
Sec. 1006. Public broadcasting service satellite feed.
Sec. 1007. Application of Federal Communications Commission regulations.
Sec. 1008. Rules for satellite carriers retransmitting television
broadcast signals.
Sec. 1009. Retransmission consent.
Sec. 1010. Severability.
Sec. 1011. Technical amendments.
Sec. 1012. Effective dates.
TITLE II--RURAL LOCAL TELEVISION SIGNALS
Sec. 2001. Short title.
Sec. 2002. Local television service in unserved and underserved markets.
TITLE III--TRADEMARK CYBERPIRACY PREVENTION
Sec. 3001. Short title; references.
Sec. 3002. Cyberpiracy prevention.
Sec. 3003. Damages and remedies.
Sec. 3004. Limitation on liability.
Sec. 3005. Definitions.
Sec. 3006. Study on abusive domain name registrations involving personal
names.
Sec. 3007. Historic preservation.
Sec. 3008. Savings clause.
Sec. 3009. Technical and conforming amendments.
Sec. 3010. Effective date.
TITLE IV--INVENTOR PROTECTION
Sec. 4001. Short title.
Subtitle A--Inventors' Rights
Sec. 4101. Short title.
Sec. 4102. Integrity in invention promotion services.
Sec. 4103. Effective date.
Subtitle B--Patent and Trademark Fee Fairness
Sec. 4201. Short title.
Sec. 4202. Adjustment of patent fees.
Sec. 4203. Adjustment of trademark fees.
Sec. 4204. Study on alternative fee structures.
Sec. 4205. Patent and Trademark Office funding.
[[Page 113 STAT. 1501A-522]]
Sec. 4206. Effective date.
Subtitle C--First Inventor Defense
Sec. 4301. Short title.
Sec. 4302. Defense to patent infringement based on earlier inventor.
Sec. 4303. Effective date and applicability.
Subtitle D--Patent Term Guarantee
Sec. 4401. Short title.
Sec. 4402. Patent term guarantee authority.
Sec. 4403. Continued examination of patent applications.
Sec. 4404. Technical clarification.
Sec. 4405. Effective date.
Subtitle E--Domestic Publication of Patent Applications Published Abroad
Sec. 4501. Short title.
Sec. 4502. Publication.
Sec. 4503. Time for claiming benefit of earlier filing date.
Sec. 4504. Provisional rights.
Sec. 4505. Prior art effect of published applications.
Sec. 4506. Cost recovery for publication.
Sec. 4507. Conforming amendments.
Sec. 4508. Effective date.
Subtitle F--Optional Inter Partes Reexamination Procedure
Sec. 4601. Short title.
Sec. 4602. Ex parte reexamination of patents.
Sec. 4603. Definitions.
Sec. 4604. Optional inter partes reexamination procedures.
Sec. 4605. Conforming amendments.
Sec. 4606. Report to Congress.
Sec. 4607. Estoppel effect of reexamination.
Sec. 4608. Effective date.
Subtitle G--Patent and Trademark Office
Sec. 4701. Short title.
Chapter 1--United States Patent and Trademark Office
Sec. 4711. Establishment of Patent and Trademark Office.
Sec. 4712. Powers and duties.
Sec. 4713. Organization and management.
Sec. 4714. Public advisory committees.
Sec. 4715. Conforming amendments.
Sec. 4716. Trademark Trial and Appeal Board.
Sec. 4717. Board of Patent Appeals and Interferences.
Sec. 4718. Annual report of Director.
Sec. 4719. Suspension or exclusion from practice.
Sec. 4720. Pay of Director and Deputy Director.
Chapter 2--Effective Date; Technical Amendments
Sec. 4731. Effective date.
Sec. 4732. Technical and conforming amendments.
Chapter 3--Miscellaneous Provisions
Sec. 4741. References.
Sec. 4742. Exercise of authorities.
Sec. 4743. Savings provisions.
Sec. 4744. Transfer of assets.
Sec. 4745. Delegation and assignment.
Sec. 4746. Authority of Director of the Office of Management and Budget
with respect to functions transferred.
Sec. 4747. Certain vesting of functions considered transfers.
Sec. 4748. Availability of existing funds.
Sec. 4749. Definitions.
Subtitle H--Miscellaneous Patent Provisions
Sec. 4801. Provisional applications.
Sec. 4802. International applications.
Sec. 4803. Certain limitations on damages for patent infringement not
applicable.
[[Page 113 STAT. 1501A-523]]
Sec. 4804. Electronic filing and publications.
Sec. 4805. Study and report on biological deposits in support of
biotechnology patents.
Sec. 4806. Prior invention.
Sec. 4807. Prior art exclusion for certain commonly assigned patents.
Sec. 4808. Exchange of copies of patents with foreign countries.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 5001. Commission on online child protection.
Sec. 5002. Privacy protection for donors to public broadcasting
entities.
Sec. 5003. Completion of biennial regulatory review.
Sec. 5004. Public broadcasting entities.
Sec. 5005. Technical amendments relating to vessel hull design
protection.
Sec. 5006. Informal rulemaking of copyright determination.
Sec. 5007. Service of process for surety corporations.
Sec. 5008. Low-power television.
TITLE VI--SUPERFUND RECYCLING EQUITY
Sec. 6001. Superfund recycling equity.
TITLE I--SATELLITE HOME VIEWER IMPROVEMENT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Satellite Home Viewer Improvement
Act of 1999''.
SEC. 1002. LIMITATIONS ON EXCLUSIVE RIGHTS; SECONDARY
TRANSMISSIONS BY SATELLITE CARRIERS
WITHIN LOCAL MARKETS.
(a) In General.--Chapter 1 of title 17, United States Code, is
amended by adding after section 121 the following new section:
``Sec. 122. Limitations on exclusive rights; secondary
transmissions by satellite carriers within local
markets
``(a) Secondary Transmissions of Television Broadcast Stations by
Satellite Carriers.--A secondary transmission of a performance or
display of a work embodied in a primary transmission of a television
broadcast station into the station's local market shall be subject to
statutory licensing under this section if--
``(1) the secondary transmission is made by a satellite
carrier to the public;
``(2) with regard to secondary transmissions, the satellite
carrier is in compliance with the rules, regulations, or
authorizations of the Federal Communications Commission
governing the carriage of television broadcast station signals;
and
``(3) the satellite carrier makes a direct or indirect
charge for the secondary transmission to--
``(A) each subscriber receiving the secondary
transmission; or
``(B) a distributor that has contracted with the
satellite carrier for direct or indirect delivery of the
secondary transmission to the public.
``(b) Reporting Requirements.--
``(1) Initial lists.--A satellite carrier that makes
secondary transmissions of a primary transmission made by a
network station under subsection (a) shall, within 90 days after
commencing such secondary transmissions, submit to the network
[[Page 113 STAT. 1501A-524]]
that owns or is affiliated with the network station a list
identifying (by name in alphabetical order and street address,
including county and zip code) all subscribers to which the
satellite carrier makes secondary transmissions of that primary
transmission under subsection (a).
``(2) Subsequent lists.--After the list is submitted under
paragraph (1), the satellite carrier shall, on the 15th of each
month, submit to the network a list identifying (by name in
alphabetical order and street address, including county and zip
code) any subscribers who have been added or dropped as
subscribers since the last submission under this subsection.
``(3) Use of subscriber information.--Subscriber information
submitted by a satellite carrier under this subsection may be
used only for the purposes of monitoring compliance by the
satellite carrier with this section.
``(4) Requirements of networks.--The submission requirements
of this subsection shall apply to a satellite carrier only if
the network to which the submissions are to be made places on
file with the Register of Copyrights a document identifying the
name and address of the person to whom such submissions are to
be made. The Register of Copyrights shall maintain for public
inspection a file of all such documents.
``(c) No Royalty Fee Required.--A satellite carrier whose secondary
transmissions are subject to statutory licensing under subsection (a)
shall have no royalty obligation for such secondary transmissions.
``(d) Noncompliance With Reporting and Regulatory Requirements.--
Notwithstanding subsection (a), the willful or repeated secondary
transmission to the public by a satellite carrier into the local market
of a television broadcast station of a primary transmission embodying a
performance or display of a work made by that television broadcast
station is actionable as an act of infringement under section 501, and
is fully subject to the remedies provided under sections 502 through 506
and 509, if the satellite carrier has not complied with the reporting
requirements of subsection (b) or with the rules, regulations, and
authorizations of the Federal Communications Commission concerning the
carriage of television broadcast signals.
``(e) Willful Alterations.--Notwithstanding subsection (a), the
secondary transmission to the public by a satellite carrier into the
local market of a television broadcast station of a performance or
display of a work embodied in a primary transmission made by that
television broadcast station is actionable as an act of infringement
under section 501, and is fully subject to the remedies provided by
sections 502 through 506 and sections 509 and 510, if the content of the
particular program in which the performance or display is embodied, or
any commercial advertising or station announcement transmitted by the
primary transmitter during, or immediately before or after, the
transmission of such program, is in any way willfully altered by the
satellite carrier through changes, deletions, or additions, or is
combined with programming from any other broadcast signal.
``(f ) Violation of Territorial Restrictions on Statutory License
for Television Broadcast Stations.--
``(1) Individual violations.--The willful or repeated
secondary transmission to the public by a satellite carrier of a
primary transmission embodying a performance or display of
[[Page 113 STAT. 1501A-525]]
a work made by a television broadcast station to a subscriber
who does not reside in that station's local market, and is not
subject to statutory licensing under section 119 or a private
licensing agreement, is actionable as an act of infringement
under section 501 and is fully subject to the remedies provided
by sections 502 through 506 and 509, except that--
``(A) no damages shall be awarded for such act of
infringement if the satellite carrier took corrective
action by promptly withdrawing service from the
ineligible subscriber; and
``(B) any statutory damages shall not exceed $5 for
such subscriber for each month during which the
violation occurred.
``(2) Pattern of violations.--If a satellite carrier engages
in a willful or repeated pattern or practice of secondarily
transmitting to the public a primary transmission embodying a
performance or display of a work made by a television broadcast
station to subscribers who do not reside in that station's local
market, and are not subject to statutory licensing under section
119 or a private licensing agreement, then in addition to the
remedies under paragraph (1)--
``(A) if the pattern or practice has been carried
out on a substantially nationwide basis, the court--
``(i) shall order a permanent injunction
barring the secondary transmission by the
satellite carrier of the primary transmissions of
that television broadcast station (and if such
television broadcast station is a network station,
all other television broadcast stations affiliated
with such network); and
``(ii) may order statutory damages not
exceeding $250,000 for each 6-month period during
which the pattern or practice was carried out; and
``(B) if the pattern or practice has been carried
out on a local or regional basis with respect to more
than one television broadcast station, the court--
``(i) shall order a permanent injunction
barring the secondary transmission in that
locality or region by the satellite carrier of the
primary transmissions of any television broadcast
station; and
``(ii) may order statutory damages not
exceeding $250,000 for each 6-month period during
which the pattern or practice was carried out.
``(g) Burden of Proof.--In any action brought under subsection (f ),
the satellite carrier shall have the burden of proving that its
secondary transmission of a primary transmission by a television
broadcast station is made only to subscribers located within that
station's local market or subscribers being served in compliance with
section 119 or a private licensing agreement.
``(h) Geographic Limitations on Secondary Transmissions.--The
statutory license created by this section shall apply to secondary
transmissions to locations in the United States.
``(i) Exclusivity With Respect to Secondary Transmissions of
Broadcast Stations by Satellite to Members of the Public.--No provision
of section 111 or any other law (other than this section and section
119) shall be construed to contain any authorization, exemption, or
license through which secondary transmissions by satellite carriers of
programming contained in a primary
[[Page 113 STAT. 1501A-526]]
transmission made by a television broadcast station may be made without
obtaining the consent of the copyright owner.
``( j) Definitions.--In this section--
``(1) Distributor.--The term `distributor' means an entity
which contracts to distribute secondary transmissions from a
satellite carrier and, either as a single channel or in a
package with other programming, provides the secondary
transmission either directly to individual subscribers or
indirectly through other program distribution entities.
``(2) Local market.--
``(A) In general.--The term `local market', in the
case of both commercial and noncommercial television
broadcast stations, means the designated market area in
which a station is located, and--
``(i) in the case of a commercial television
broadcast station, all commercial television
broadcast stations licensed to a community within
the same designated market area are within the
same local market; and
``(ii) in the case of a noncommercial
educational television broadcast station, the
market includes any station that is licensed to a
community within the same designated market area
as the noncommercial educational television
broadcast station.
``(B) County of license.--In addition to the area
described in subparagraph (A), a station's local market
includes the county in which the station's community of
license is located.
``(C) Designated market area.--For purposes of
subparagraph (A), the term `designated market area'
means a designated market area, as determined by Nielsen
Media Research and published in the 1999-2000 Nielsen
Station Index Directory and Nielsen Station Index United
States Television Household Estimates or any successor
publication.
``(3) Network station; satellite carrier; secondary
transmission.--The terms `network station', `satellite carrier',
and `secondary transmission' have the meanings given such terms
under section 119(d).
``(4) Subscriber.--The term `subscriber' means a person who
receives a secondary transmission service from a satellite
carrier and pays a fee for the service, directly or indirectly,
to the satellite carrier or to a distributor.
``(5) Television broadcast station.--The term `television
broadcast station'--
``(A) means an over-the-air, commercial or
noncommercial television broadcast station licensed by
the Federal Communications Commission under subpart E of
part 73 of title 47, Code of Federal Regulations, except
that such term does not include a low-power or
translator television station; and
``(B) includes a television broadcast station
licensed by an appropriate governmental authority of
Canada or Mexico if the station broadcasts primarily in
the English language and is a network station as defined
in section 119(d)(2)(A).''.
[[Page 113 STAT. 1501A-527]]
(b) Infringement of Copyright.--Section 501 of title 17, United
States Code, is amended by adding at the end the following new
subsection:
``(f )(1) With respect to any secondary transmission that is made by
a satellite carrier of a performance or display of a work embodied in a
primary transmission and is actionable as an act of infringement under
section 122, a television broadcast station holding a copyright or other
license to transmit or perform the same version of that work shall, for
purposes of subsection (b) of this section, be treated as a legal or
beneficial owner if such secondary transmission occurs within the local
market of that station.
``(2) A television broadcast station may file a civil action against
any satellite carrier that has refused to carry television broadcast
signals, as required under section 122(a)(2), to enforce that television
broadcast station's rights under section 338(a) of the Communications
Act of 1934.''.
(c) Technical and Conforming Amendments.--The table of sections for
chapter 1 of title 17, United States Code, is amended by adding after
the item relating to section 121 the following:
``122. Limitations on exclusive rights; secondary transmissions by
satellite carriers within local market.''.
SEC. 1003. EXTENSION OF EFFECT OF AMENDMENTS TO SECTION 119 OF
TITLE 17, UNITED STATES CODE.
Section 4(a) of the Satellite Home Viewer Act of 1994 (17 U.S.C. 119
note; Public Law 103-369; 108 Stat. 3481) is amended by striking
``December 31, 1999'' and inserting ``December 31, 2004''.
SEC. 1004. COMPUTATION OF ROYALTY FEES FOR SATELLITE CARRIERS.
Section 119(c) of title 17, United States Code, is amended by adding
at the end the following new paragraph:
``(4) Reduction.--
``(A) Superstation.--The rate of the royalty fee in
effect on January 1, 1998, payable in each case under
subsection (b)(1)(B)(i) shall be reduced by 30 percent.
``(B) Network and public broadcasting satellite
feed.--The rate of the royalty fee in effect on January
1, 1998, payable under subsection (b)(1)(B)(ii) shall be
reduced by 45 percent.
``(5) Public broadcasting service as agent.--For purposes of
section 802, with respect to royalty fees paid by satellite
carriers for retransmitting the Public Broadcasting Service
satellite feed, the Public Broadcasting Service shall be the
agent for all public television copyright claimants and all
Public Broadcasting Service member stations.''.
SEC. 1005. DISTANT SIGNAL ELIGIBILITY FOR CONSUMERS.
(a) Unserved Household.--
(1) In general.--Section 119(d) of title 17, United States
Code, is amended by striking paragraph (10) and inserting the
following:
``(10) Unserved household.--The term `unserved household',
with respect to a particular television network, means a
household that--
``(A) cannot receive, through the use of a
conventional, stationary, outdoor rooftop receiving
antenna, an over-the-air signal of a primary network
station affiliated with
[[Page 113 STAT. 1501A-528]]
that network of Grade B intensity as defined by the
Federal Communications Commission under section
73.683(a) of title 47 of the Code of Federal
Regulations, as in effect on January 1, 1999;
``(B) is subject to a waiver granted under
regulations established under section 339(c)(2) of the
Communications Act of 1934;
``(C) is a subscriber to whom subsection (e)
applies;
``(D) is a subscriber to whom subsection (a)(11)
applies; or
``(E) is a subscriber to whom the exemption under
subsection (a)(2)(B)(iii) applies.''.
(2) Conforming amendment.--Section 119(a)(2)(B) of title 17,
United States Code, is amended to read as follows:
``(B) Secondary transmissions to unserved
households.--
``(i) In general.--The statutory license
provided for in subparagraph (A) shall be limited
to secondary transmissions of the signals of no
more than two network stations in a single day for
each television network to persons who reside in
unserved households.
``(ii) Accurate determinations of
eligibility.--
``(I) Accurate predictive model.--In
determining presumptively whether a
person resides in an unserved household
under subsection (d)(10)(A), a court
shall rely on the Individual Location
Longley-Rice model set forth by the
Federal Communications Commission in
Docket No. 98-201, as that model may be
amended by the Commission over time
under section 339(c)(3) of the
Communications Act of 1934 to increase
the accuracy of that model.
``(II) Accurate measurements.--For
purposes of site measurements to
determine whether a person resides in an
unserved household under subsection
(d)(10)(A), a court shall rely on
section 339(c)(4) of the Communications
Act of 1934.
``(iii) C-band exemption to unserved
households.--
``(I) In general.--The limitations
of clause (i) shall not apply to any
secondary transmissions by C-band
services of network stations that a
subscriber to C-band service received
before any termination of such secondary
transmissions before October 31, 1999.
``(II) Definition.--In this clause
the term `C-band service' means a
service that is licensed by the Federal
Communications Commission and operates
in the Fixed Satellite Service under
part 25 of title 47 of the Code of
Federal Regulations.''.
(b) Exception to Limitation on Secondary Transmissions.--Section
119(a)(5) of title 17, United States Code, is amended by adding at the
end the following:
``(E) Exception.--The secondary transmission by a
satellite carrier of a performance or display of a work
embodied in a primary transmission made by a network
station to
[[Page 113 STAT. 1501A-529]]
subscribers who do not reside in unserved households
shall not be an act of infringement if--
``(i) the station on May 1, 1991, was
retransmitted by a satellite carrier and was not
on that date owned or operated by or affiliated
with a television network that offered
interconnected program service on a regular basis
for 15 or more hours per week to at least 25
affiliated television licensees in 10 or more
States;
``(ii) as of July 1, 1998, such station was
retransmitted by a satellite carrier under the
statutory license of this section; and
``(iii) the station is not owned or operated
by or affiliated with a television network that,
as of January 1, 1995, offered interconnected
program service on a regular basis for 15 or more
hours per week to at least 25 affiliated
television licensees in 10 or more States.''.
(c) Moratorium on Copyright Liability.--Section 119(e) of title 17,
United States Code, is amended to read as follows:
``(e) Moratorium on Copyright Liability.--Until December 31, 2004, a
subscriber who does not receive a signal of Grade A intensity (as
defined in the regulations of the Federal Communications Commission
under section 73.683(a) of title 47 of the Code of Federal Regulations,
as in effect on January 1, 1999, or predicted by the Federal
Communications Commission using the Individual Location Longley-Rice
methodology described by the Federal Communications Commission in Docket
No. 98-201) of a local network television broadcast station shall remain
eligible to receive signals of network stations affiliated with the same
network, if that subscriber had satellite service of such network signal
terminated after July 11, 1998, and before October 31, 1999, as required
by this section, or received such service on October 31, 1999.''.
(d) Recreational Vehicle and Commercial Truck Exemption.--Section
119(a) of title 17, United States Code, is amended by adding at the end
the following:
``(11) Service to recreational vehicles and commercial
trucks.--
``(A) Exemption.--
``(i) In general.--For purposes of this
subsection, and subject to clauses (ii) and (iii),
the term `unserved household' shall include--
``(I) recreational vehicles as
defined in regulations of the Secretary
of Housing and Urban Development under
section 3282.8 of title 24 of the Code
of Federal Regulations; and
``(II) commercial trucks that
qualify as commercial motor vehicles
under regulations of the Secretary of
Transportation under section 383.5 of
title 49 of the Code of Federal
Regulations.
``(ii) Limitation.--Clause (i) shall apply
only to a recreational vehicle or commercial truck
if any satellite carrier that proposes to make a
secondary transmission of a network station to the
operator of such a recreational vehicle or
commercial truck complies with the documentation
requirements under subparagraphs (B) and (C).
[[Page 113 STAT. 1501A-530]]
``(iii) Exclusion.--For purposes of this
subparagraph, the terms `recreational vehicle' and
`commercial truck' shall not include any fixed
dwelling, whether a mobile home or otherwise.
``(B) Documentation requirements.--A recreational
vehicle or commercial truck shall be deemed to be an
unserved household beginning 10 days after the relevant
satellite carrier provides to the network that owns or
is affiliated with the network station that will be
secondarily transmitted to the recreational vehicle or
commercial truck the following documents:
``(i) Declaration.--A signed declaration by
the operator of the recreational vehicle or
commercial truck that the satellite dish is
permanently attached to the recreational vehicle
or commercial truck, and will not be used to
receive satellite programming at any fixed
dwelling.
``(ii) Registration.--In the case of a
recreational vehicle, a copy of the current State
vehicle registration for the recreational vehicle.
``(iii) Registration and license.--In the case
of a commercial truck, a copy of--
``(I) the current State vehicle
registration for the truck; and
``(II) a copy of a valid, current
commercial driver's license, as defined
in regulations of the Secretary of
Transportation under section 383 of
title 49 of the Code of Federal
Regulations, issued to the operator.
``(C) Updated documentation requirements.--If a
satellite carrier wishes to continue to make secondary
transmissions to a recreational vehicle or commercial
truck for more than a 2-year period, that carrier shall
provide each network, upon request, with updated
documentation in the form described under subparagraph
(B) during the 90 days before expiration of that 2-year
period.''.
(e) Conforming Amendment.--Section 119(d)(11) of title 17, United
States Code, is amended to read as follows:
``(11) Local market.--The term `local market' has the
meaning given such term under section 122( j).''.
SEC. 1006. PUBLIC BROADCASTING SERVICE SATELLITE FEED.
(a) Secondary Transmissions.--Section 119(a)(1) of title 17, United
States Code, is amended--
(1) by striking the paragraph heading and inserting ``(1)
Superstations and pbs satellite feed.--'';
(2) by inserting ``or by the Public Broadcasting Service
satellite feed'' after ``superstation''; and
(3) by adding at the end the following: ``In the case of the
Public Broadcasting Service satellite feed, the statutory
license shall be effective until January 1, 2002.''.
(b) Royalty Fees.--Section 119(b)(1)(B)(iii) of title 17, United
States Code, is amended by inserting ``or the Public Broadcasting
Service satellite feed'' after ``network station''.
(c) Definitions.--Section 119(d) of title 17, United States Code, is
amended--
(1) by amending paragraph (9) to read as follows:
[[Page 113 STAT. 1501A-531]]
``(9) Superstation.--The term `superstation'--
``(A) means a television broadcast station, other
than a network station, licensed by the Federal
Communications Commission that is secondarily
transmitted by a satellite carrier; and
``(B) except for purposes of computing the royalty
fee, includes the Public Broadcasting Service satellite
feed.''; and
(2) by adding at the end the following:
``(12) Public broadcasting service satellite feed.--The term
`Public Broadcasting Service satellite feed' means the national
satellite feed distributed and designated for purposes of this
section by the Public Broadcasting Service consisting of
educational and informational programming intended for private
home viewing, to which the Public Broadcasting Service holds
national terrestrial broadcast rights.''.
SEC. 1007. APPLICATION OF FEDERAL COMMUNICATIONS COMMISSION
REGULATIONS.
Section 119(a) of title 17, United States Code, is amended--
(1) in paragraph (1), by inserting ``with regard to
secondary transmissions the satellite carrier is in compliance
with the rules, regulations, or authorizations of the Federal
Communications Commission governing the carriage of television
broadcast station signals,'' after ``satellite carrier to the
public for private home viewing,'';
(2) in paragraph (2), by inserting ``with regard to
secondary transmissions the satellite carrier is in compliance
with the rules, regulations, or authorizations of the Federal
Communications Commission governing the carriage of television
broadcast station signals,'' after ``satellite carrier to the
public for private home viewing,''; and
(3) by adding at the end of such subsection (as amended by
section 1005(e) of this Act) the following new paragraph:
``(12) Statutory license contingent on compliance with fcc
rules and remedial steps.--Notwithstanding any other provision
of this section, the willful or repeated secondary transmission
to the public by a satellite carrier of a primary transmission
embodying a performance or display of a work made by a broadcast
station licensed by the Federal Communications Commission is
actionable as an act of infringement under section 501, and is
fully subject to the remedies provided by sections 502 through
506 and 509, if, at the time of such transmission, the satellite
carrier is not in compliance with the rules, regulations, and
authorizations of the Federal Communications Commission
concerning the carriage of television broadcast station
signals.''.
SEC. 1008. RULES FOR SATELLITE CARRIERS RETRANSMITTING TELEVISION
BROADCAST SIGNALS.
(a) Amendments to Communications Act of 1934.--Title III of the
Communications Act of 1934 is amended by inserting after section 337 (47
U.S.C. 337) the following new sections:
``SEC. 338. CARRIAGE OF LOCAL TELEVISION SIGNALS BY SATELLITE
CARRIERS.
``(a) Carriage Obligations.--
[[Page 113 STAT. 1501A-532]]
``(1) In general.--Subject to the limitations of paragraph
(2), each satellite carrier providing, under section 122 of
title 17, United States Code, secondary transmissions to
subscribers located within the local market of a television
broadcast station of a primary transmission made by that station
shall carry upon request the signals of all television broadcast
stations located within that local market, subject to section
325(b).
``(2) Remedies for failure to carry.--The remedies for any
failure to meet the obligations under this subsection shall be
available exclusively under section 501(f ) of title 17, United
States Code.
``(3) Effective date.--No satellite carrier shall be
required to carry local television broadcast stations under
paragraph (1) until January 1, 2002.
``(b) Good Signal Required.--
``(1) Costs.--A television broadcast station asserting its
right to carriage under subsection (a) shall be required to bear
the costs associated with delivering a good quality signal to
the designated local receive facility of the satellite carrier
or to another facility that is acceptable to at least one-half
the stations asserting the right to carriage in the local
market.
``(2) Regulations.--The regulations issued under subsection
(g) shall set forth the obligations necessary to carry out this
subsection.
``(c) Duplication Not Required.--
``(1) Commercial stations.--Notwithstanding subsection (a),
a satellite carrier shall not be required to carry upon request
the signal of any local commercial television broadcast station
that substantially duplicates the signal of another local
commercial television broadcast station which is secondarily
transmitted by the satellite carrier within the same local
market, or to carry upon request the signals of more than one
local commercial television broadcast station in a single local
market that is affiliated with a particular television network
unless such stations are licensed to communities in different
States.
``(2) Noncommercial stations.--The Commission shall
prescribe regulations limiting the carriage requirements under
subsection (a) of satellite carriers with respect to the
carriage of multiple local noncommercial television broadcast
stations. To the extent possible, such regulations shall provide
the same degree of carriage by satellite carriers of such
multiple stations as is provided by cable systems under section
615.
``(d) Channel Positioning.--No satellite carrier shall be required
to provide the signal of a local television broadcast station to
subscribers in that station's local market on any particular channel
number or to provide the signals in any particular order, except that
the satellite carrier shall retransmit the signal of the local
television broadcast stations to subscribers in the stations' local
market on contiguous channels and provide access to such station's
signals at a nondiscriminatory price and in a nondiscriminatory manner
on any navigational device, on-screen program guide, or menu.
``(e) Compensation for Carriage.--A satellite carrier shall not
accept or request monetary payment or other valuable consideration in
exchange either for carriage of local television broadcast stations in
fulfillment of the requirements of this section or for
[[Page 113 STAT. 1501A-533]]
channel positioning rights provided to such stations under this section,
except that any such station may be required to bear the costs
associated with delivering a good quality signal to the local receive
facility of the satellite carrier.
``(f ) Remedies.--
``(1) Complaints by broadcast stations.--Whenever a local
television broadcast station believes that a satellite carrier
has failed to meet its obligations under subsections (b) through
(e) of this section, such station shall notify the carrier, in
writing, of the alleged failure and identify its reasons for
believing that the satellite carrier failed to comply with such
obligations. The satellite carrier shall, within 30 days after
such written notification, respond in writing to such
notification and comply with such obligations or state its
reasons for believing that it is in compliance with such
obligations. A local television broadcast station that disputes
a response by a satellite carrier that it is in compliance with
such obligations may obtain review of such denial or response by
filing a complaint with the Commission. Such complaint shall
allege the manner in which such satellite carrier has failed to
meet its obligations and the basis for such allegations.
``(2) Opportunity to respond.--The Commission shall afford
the satellite carrier against which a complaint is filed under
paragraph (1) an opportunity to present data and arguments to
establish that there has been no failure to meet its obligations
under this section.
``(3) Remedial actions; dismissal.--Within 120 days after
the date a complaint is filed under paragraph (1), the
Commission shall determine whether the satellite carrier has met
its obligations under subsections (b) through (e). If the
Commission determines that the satellite carrier has failed to
meet such obligations, the Commission shall order the satellite
carrier to take appropriate remedial action. If the Commission
determines that the satellite carrier has fully met the
requirements of such subsections, the Commission shall dismiss
the complaint.
``(g) Regulations by Commission.--Within 1 year after the date of
the enactment of this section, the Commission shall issue regulations
implementing this section following a rulemaking proceeding. The
regulations prescribed under this section shall include requirements on
satellite carriers that are comparable to the requirements on cable
operators under sections 614(b) (3) and (4) and 615(g) (1) and (2).
``(h) Definitions.--As used in this section:
``(1) Distributor.--The term `distributor' means an entity
which contracts to distribute secondary transmissions from a
satellite carrier and, either as a single channel or in a
package with other programming, provides the secondary
transmission either directly to individual subscribers or
indirectly through other program distribution entities.
``(2) Local receive facility.--The term `local receive
facility' means the reception point in each local market which a
satellite carrier designates for delivery of the signal of the
station for purposes of retransmission.
``(3) Local market.--The term `local market' has the meaning
given that term under section 122( j) of title 17, United States
Code.
[[Page 113 STAT. 1501A-534]]
``(4) Satellite carrier.--The term `satellite carrier' has
the meaning given such term under section 119(d) of title 17,
United States Code.
``(5) Secondary transmission.--The term `secondary
transmission' has the meaning given such term in section 119(d)
of title 17, United States Code.
``(6) Subscriber.--The term `subscriber' has the meaning
given that term under section 122( j) of title 17, United States
Code.
``(7) Television broadcast station.--The term `television
broadcast station' has the meaning given such term in section
325(b)(7).
``SEC. 339. CARRIAGE OF DISTANT TELEVISION STATIONS BY SATELLITE
CARRIERS.
``(a) Provisions Relating to Carriage of Distant Signals.--
``(1) Carriage permitted.--
``(A) In general.--Subject to section 119 of title
17, United States Code, any satellite carrier shall be
permitted to provide the signals of no more than two
network stations in a single day for each television
network to any household not located within the local
markets of those network stations.
``(B) Additional service.--In addition to signals
provided under subparagraph (A), any satellite carrier
may also provide service under the statutory license of
section 122 of title 17, United States Code, to the
local market within which such household is located. The
service provided under section 122 of such title may be
in addition to the two signals provided under section
119 of such title.
``(2) Penalty for violation.--Any satellite carrier that
knowingly and willfully provides the signals of television
stations to subscribers in violation of this subsection shall be
liable for a forfeiture penalty under section 503 in the amount
of $50,000 for each violation or each day of a continuing
violation.
``(b) Extension of Network Nonduplication, Syndicated Exclusivity,
and Sports Blackout to Satellite Retransmission.--
``(1) Extension of protections.--Within 45 days after the
date of the enactment of the Satellite Home Viewer Improvement
Act of 1999, the Commission shall commence a single rulemaking
proceeding to establish regulations that--
``(A) apply network nonduplication protection (47
CFR 76.92) syndicated exclusivity protection (47 CFR
76.151), and sports blackout protection (47 CFR 76.67)
to the retransmission of the signals of nationally
distributed superstations by satellite carriers to
subscribers; and
``(B) to the extent technically feasible and not
economically prohibitive, apply sports blackout
protection (47 CFR 76.67) to the retransmission of the
signals of network stations by satellite carriers to
subscribers.
``(2) Deadline for action.--The Commission shall complete
all actions necessary to prescribe regulations required by this
section so that the regulations shall become effective within 1
year after such date of enactment.
[[Page 113 STAT. 1501A-535]]
``(c) Eligibility for Retransmission.--
``(1) Signal standard for satellite carrier purposes.--For
the purposes of identifying an unserved household under section
119(d)(10) of title 17, United States Code, within 1 year after
the date of the enactment of the Satellite Home Viewer
Improvement Act of 1999, the Commission shall conclude an
inquiry to evaluate all possible standards and factors for
determining eligibility for retransmissions of the signals of
network stations, and, if appropriate--
``(A) recommend modifications to the Grade B
intensity standard for analog signals set forth in
section 73.683(a) of its regulations (47 CFR 73.683(a)),
or recommend alternative standards or factors for
purposes of determining such eligibility; and
``(B) make a further recommendation relating to an
appropriate standard for digital signals.
``(2) Waivers.--A subscriber who is denied the
retransmission of a signal of a network station under section
119 of title 17, United States Code, may request a waiver from
such denial by submitting a request, through such subscriber's
satellite carrier, to the network station asserting that the
retransmission is prohibited. The network station shall accept
or reject a subscriber's request for a waiver within 30 days
after receipt of the request. The subscriber shall be permitted
to receive such retransmission under section 119(d)(10)(B) of
title 17, United States Code, if such station agrees to the
waiver request and files with the satellite carrier a written
waiver with respect to that subscriber allowing the subscriber
to receive such retransmission. If a television network station
fails to accept or reject a subscriber's request for a waiver
within the 30-day period after receipt of the request, that
station shall be deemed to agree to the waiver request and have
filed such written waiver.
``(3) Establishment of improved predictive model required.--
Within 180 days after the date of the enactment of the Satellite
Home Viewer Improvement Act of 1999, the Commission shall take
all actions necessary, including any reconsideration, to develop
and prescribe by rule a point-to-point predictive model for
reliably and presumptively determining the ability of individual
locations to receive signals in accordance with the signal
intensity standard in effect under section 119(d)(10)(A) of
title 17, United States Code. In prescribing such model, the
Commission shall rely on the Individual Location Longley-Rice
model set forth by the Federal Communications Commission in
Docket No. 98-201 and ensure that such model takes into account
terrain, building structures, and other land cover variations.
The Commission shall establish procedures for the continued
refinement in the application of the model by the use of
additional data as it becomes available.
``(4) Objective verification.--
``(A) In general.--If a subscriber's request for a
waiver under paragraph (2) is rejected and the
subscriber submits to the subscriber's satellite carrier
a request for a test verifying the subscriber's
inability to receive a signal that meets the signal
intensity standard in effect under section 119(d)(10)(A)
of title 17, United States Code, the satellite carrier
and the network station or stations asserting that
[[Page 113 STAT. 1501A-536]]
the retransmission is prohibited with respect to that
subscriber shall select a qualified and independent
person to conduct a test in accordance with section
73.686(d) of its regulations (47 CFR 73.686(d)), or any
successor regulation. Such test shall be conducted
within 30 days after the date the subscriber submits a
request for the test. If the written findings and
conclusions of a test conducted in accordance with such
section (or any successor regulation) demonstrate that
the subscriber does not receive a signal that meets or
exceeds the signal intensity standard in effect under
section 119(d)(10)(A) of title 17, United States Code,
the subscriber shall not be denied the retransmission of
a signal of a network station under section 119 of title
17, United States Code.
``(B) Designation of tester and allocation of
costs.--If the satellite carrier and the network station
or stations asserting that the retransmission is
prohibited are unable to agree on such a person to
conduct the test, the person shall be designated by an
independent and neutral entity designated by the
Commission by rule. Unless the satellite carrier and the
network station or stations otherwise agree, the costs
of conducting the test under this paragraph shall be
borne by the satellite carrier, if the station's signal
meets or exceeds the signal intensity standard in effect
under section 119(d)(10)(A) of title 17, United States
Code, or by the network station, if its signal fails to
meet or exceed such standard.
``(C) Avoidance of undue burden.--Commission
regulations prescribed under this paragraph shall seek
to avoid any undue burden on any party.
``(d) Definitions.--For the purposes of this section:
``(1) Local market.--The term `local market' has the meaning
given that term under section 122( j) of title 17, United States
Code.
``(2) Nationally distributed superstation.--The term
`nationally distributed superstation' means a television
broadcast station, licensed by the Commission, that--
``(A) is not owned or operated by or affiliated with
a television network that, as of January 1, 1995,
offered interconnected program service on a regular
basis for 15 or more hours per week to at least 25
affiliated television licensees in 10 or more States;
``(B) on May 1, 1991, was retransmitted by a
satellite carrier and was not a network station at that
time; and
``(C) was, as of July 1, 1998, retransmitted by a
satellite carrier under the statutory license of section
119 of title 17, United States Code.
``(3) Network station.--The term `network station' has the
meaning given such term under section 119(d) of title 17, United
States Code.
``(4) Satellite carrier.--The term `satellite carrier' has
the meaning given such term under section 119(d) of title 17,
United States Code.
``(5) Television network.--The term `television network'
means a television network in the United States which offers an
interconnected program service on a regular basis for 15
[[Page 113 STAT. 1501A-537]]
or more hours per week to at least 25 affiliated broadcast
stations in 10 or more States.''.
(b) Network Station Definition.--Section 119(d)(2) of title 17,
United States Code, is amended--
(1) in subparagraph (B) by striking the period and inserting
a semicolon; and
(2) by adding after subparagraph (B) the following:
``except that the term does not include the signal of the Alaska Rural
Communications Service, or any successor entity to that service.''.
SEC. 1009. RETRANSMISSION CONSENT.
(a) In General.--Section 325(b) of the Communications Act of 1934
(47 U.S.C. 325(b)) is amended--
(1) by amending paragraphs (1) and (2) to read as follows:
``(b)(1) No cable system or other multichannel video programming
distributor shall retransmit the signal of a broadcasting station, or
any part thereof, except--
``(A) with the express authority of the originating station;
``(B) under section 614, in the case of a station electing,
in accordance with this subsection, to assert the right to
carriage under such section; or
``(C) under section 338, in the case of a station electing,
in accordance with this subsection, to assert the right to
carriage under such section.
``(2) This subsection shall not apply--
``(A) to retransmission of the signal of a noncommercial
television broadcast station;
``(B) to retransmission of the signal of a television
broadcast station outside the station's local market by a
satellite carrier directly to its subscribers, if--
``(i) such station was a superstation on May 1,
1991;
``(ii) as of July 1, 1998, such station was
retransmitted by a satellite carrier under the statutory
license of section 119 of title 17, United States Code;
and
``(iii) the satellite carrier complies with any
network nonduplication, syndicated exclusivity, and
sports blackout rules adopted by the Commission under
section 339(b) of this Act;
``(C) until December 31, 2004, to retransmission of the
signals of network stations directly to a home satellite
antenna, if the subscriber receiving the signal--
``(i) is located in an area outside the local market
of such stations; and
``(ii) resides in an unserved household;
``(D) to retransmission by a cable operator or other
multichannel video provider, other than a satellite carrier, of
the signal of a television broadcast station outside the
station's local market if such signal was obtained from a
satellite carrier and--
``(i) the originating station was a superstation on
May 1, 1991; and
``(ii) as of July 1, 1998, such station was
retransmitted by a satellite carrier under the statutory
license of section 119 of title 17, United States Code;
or
``(E) during the 6-month period beginning on the date of the
enactment of the Satellite Home Viewer Improvement Act
[[Page 113 STAT. 1501A-538]]
of 1999, to the retransmission of the signal of a television
broadcast station within the station's local market by a
satellite carrier directly to its subscribers under the
statutory license of section 122 of title 17, United States
Code.
For purposes of this paragraph, the terms `satellite carrier' and
`superstation' have the meanings given those terms, respectively, in
section 119(d) of title 17, United States Code, as in effect on the date
of the enactment of the Cable Television Consumer Protection and
Competition Act of 1992, the term `unserved household' has the meaning
given that term under section 119(d) of such title, and the term `local
market' has the meaning given that term in section 122( j) of such
title.'';
(2) by adding at the end of paragraph (3) the following new
subparagraph:
``(C) Within 45 days after the date of the enactment of the
Satellite Home Viewer Improvement Act of 1999, the Commission shall
commence a rulemaking proceeding to revise the regulations governing the
exercise by television broadcast stations of the right to grant
retransmission consent under this subsection, and such other regulations
as are necessary to administer the limitations contained in paragraph
(2). The Commission shall complete all actions necessary to prescribe
such regulations within 1 year after such date of enactment. Such
regulations shall--
``(i) establish election time periods that correspond with
those regulations adopted under subparagraph (B) of this
paragraph; and
``(ii) until January 1, 2006, prohibit a television
broadcast station that provides retransmission consent from
engaging in exclusive contracts for carriage or failing to
negotiate in good faith, and it shall not be a failure to
negotiate in good faith if the television broadcast station
enters into retransmission consent agreements containing
different terms and conditions, including price terms, with
different multichannel video programming distributors if such
different terms and conditions are based on competitive
marketplace considerations.'';
(3) in paragraph (4), by adding at the end the following new
sentence: ``If an originating television station elects under
paragraph (3)(C) to exercise its right to grant retransmission
consent under this subsection with respect to a satellite
carrier, section 338 shall not apply to the carriage of the
signal of such station by such satellite carrier.'';
(4) in paragraph (5), by striking ``614 or 615'' and
inserting ``338, 614, or 615''; and
(5) by adding at the end the following new paragraph:
``(7) For purposes of this subsection, the term--
``(A) `network station' has the meaning given such
term under section 119(d) of title 17, United States
Code; and
``(B) `television broadcast station' means an over-
the-air commercial or noncommercial television broadcast
station licensed by the Commission under subpart E of
part 73 of title 47, Code of Federal Regulations, except
that such term does not include a low-power or
translator television station.''.
(b) Enforcement Provisions for Consent for Retransmissions.--Section
325 of the Communications Act of 1934 (47
[[Page 113 STAT. 1501A-539]]
U.S.C. 325) is amended by adding at the end the following new
subsection:
``(e) Enforcement Proceedings Against Satellite Carriers Concerning
Retransmissions of Television Broadcast Stations in the Respective Local
Markets of Such Carriers.--
``(1) Complaints by television broadcast stations.--If after
the expiration of the 6-month period described under subsection
(b)(2)(E) a television broadcast station believes that a
satellite carrier has retransmitted its signal to any person in
the local market of such station in violation of subsection
(b)(1), the station may file with the Commission a complaint
providing--
``(A) the name, address, and call letters of the
station;
``(B) the name and address of the satellite carrier;
``(C) the dates on which the alleged retransmission
occurred;
``(D) the street address of at least one person in
the local market of the station to whom the alleged
retransmission was made;
``(E) a statement that the retransmission was not
expressly authorized by the television broadcast
station; and
``(F) the name and address of counsel for the
station.
``(2) Service of complaints on satellite carriers.--For
purposes of any proceeding under this subsection, any satellite
carrier that retransmits the signal of any broadcast station
shall be deemed to designate the Secretary of the Commission as
its agent for service of process. A television broadcast station
may serve a satellite carrier with a complaint concerning an
alleged violation of subsection (b)(1) through retransmission of
a station within the local market of such station by filing the
original and two copies of the complaint with the Secretary of
the Commission and serving a copy of the complaint on the
satellite carrier by means of two commonly used overnight
delivery services, each addressed to the chief executive officer
of the satellite carrier at its principal place of business, and
each marked `URGENT LITIGATION MATTER' on the outer packaging.
Service shall be deemed complete one business day after a copy
of the complaint is provided to the delivery services for
overnight delivery. On receipt of a complaint filed by a
television broadcast station under this subsection, the
Secretary of the Commission shall send the original complaint by
United States mail, postage prepaid, receipt requested,
addressed to the chief executive officer of the satellite
carrier at its principal place of business.
``(3) Answers by satellite carriers.--Within five business
days after the date of service, the satellite carrier shall file
an answer with the Commission and shall serve the answer by a
commonly used overnight delivery service and by United States
mail, on the counsel designated in the complaint at the address
listed for such counsel in the complaint.
``(4) Defenses.--
``(A) Exclusive defenses.--The defenses under this
paragraph are the exclusive defenses available to a
satellite carrier against which a complaint under this
subsection is filed.
[[Page 113 STAT. 1501A-540]]
``(B) Defenses.--The defenses referred to under
subparagraph (A) are the defenses that--
``(i) the satellite carrier did not retransmit
the television broadcast station to any person in
the local market of the station during the time
period specified in the complaint;
``(ii) the television broadcast station had,
in a writing signed by an officer of the
television broadcast station, expressly authorized
the retransmission of the station by the satellite
carrier to each person in the local market of the
television broadcast station to which the
satellite carrier made such retransmissions for
the entire time period during which it is alleged
that a violation of subsection (b)(1) has
occurred;
``(iii) the retransmission was made after
January 1, 2002, and the television broadcast
station had elected to assert the right to
carriage under section 338 as against the
satellite carrier for the relevant period; or
``(iv) the station being retransmitted is a
noncommercial television broadcast station.
``(5) Counting of violations.--The retransmission without
consent of a particular television broadcast station on a
particular day to one or more persons in the local market of the
station shall be considered a separate violation of subsection
(b)(1).
``(6) Burden of proof.--With respect to each alleged
violation, the burden of proof shall be on a television
broadcast station to establish that the satellite carrier
retransmitted the station to at least one person in the local
market of the station on the day in question. The burden of
proof shall be on the satellite carrier with respect to all
defenses other than the defense under paragraph (4)(B)(i).
``(7) Procedures.--
``(A) Regulations.--Within 60 days after the date of
the enactment of the Satellite Home Viewer Improvement
Act of 1999, the Commission shall issue procedural
regulations implementing this subsection which shall
supersede procedures under section 312.
``(B) Determinations.--
``(i) In general.--Within 45 days after the
filing of a complaint, the Commission shall issue
a final determination in any proceeding brought
under this subsection. The Commission's final
determination shall specify the number of
violations committed by the satellite carrier. The
Commission shall hear witnesses only if it clearly
appears, based on written filings by the parties,
that there is a genuine dispute about material
facts. Except as provided in the preceding
sentence, the Commission may issue a final ruling
based on written filings by the parties.
``(ii) Discovery.--The Commission may direct
the parties to exchange pertinent documents, and
if necessary to take prehearing depositions, on
such schedule as the Commission may approve, but
only if the Commission first determines that such
discovery is necessary to resolve a genuine
dispute about material
[[Page 113 STAT. 1501A-541]]
facts, consistent with the obligation to make a
final determination within 45 days.
``(8) Relief.--If the Commission determines that a satellite
carrier has retransmitted the television broadcast station to at
least one person in the local market of such station and has
failed to meet its burden of proving one of the defenses under
paragraph (4) with respect to such retransmission, the
Commission shall be required to--
``(A) make a finding that the satellite carrier
violated subsection (b)(1) with respect to that station;
and
``(B) issue an order, within 45 days after the
filing of the complaint, containing--
``(i) a cease-and-desist order directing the
satellite carrier immediately to stop making any
further retransmissions of the television
broadcast station to any person within the local
market of such station until such time as the
Commission determines that the satellite carrier
is in compliance with subsection (b)(1) with
respect to such station;
``(ii) if the satellite carrier is found to
have violated subsection (b)(1) with respect to
more than two television broadcast stations, a
cease-and-desist order directing the satellite
carrier to stop making any further retransmission
of any television broadcast station to any person
within the local market of such station, until
such time as the Commission, after giving notice
to the station, that the satellite carrier is in
compliance with subsection (b)(1) with respect to
such stations; and
``(iii) an award to the complainant of that
complainant's costs and reasonable attorney's
fees.
``(9) Court proceedings on enforcement of commission
order.--
``(A) In general.--On entry by the Commission of a
final order granting relief under this subsection--
``(i) a television broadcast station may apply
within 30 days after such entry to the United
States District Court for the Eastern District of
Virginia for a final judgment enforcing all relief
granted by the Commission; and
``(ii) the satellite carrier may apply within
30 days after such entry to the United States
District Court for the Eastern District of
Virginia for a judgment reversing the Commission's
order.
``(B) Appeal.--The procedure for an appeal under
this paragraph by the satellite carrier shall supersede
any other appeal rights under Federal or State law. A
United States district court shall be deemed to have
personal jurisdiction over the satellite carrier if the
carrier, or a company under common control with the
satellite carrier, has delivered television programming
by satellite to more than 30 customers in that district
during the preceding 4-year period. If the United States
District Court for the Eastern District of Virginia does
not have personal jurisdiction over the satellite
carrier, an enforcement action or appeal shall be
brought in the United States District Court for the
District of Columbia, which may find personal
jurisdiction based
[[Page 113 STAT. 1501A-542]]
on the satellite carrier's ownership of licenses issued
by the Commission. An application by a television
broadcast station for an order enforcing any cease-and-
desist relief granted by the Commission shall be
resolved on a highly expedited schedule. No discovery
may be conducted by the parties in any such proceeding.
The district court shall enforce the Commission order
unless the Commission record reflects manifest error and
an abuse of discretion by the Commission.
``(10) Civil action for statutory damages.--Within 6 months
after issuance of an order by the Commission under this
subsection, a television broadcast station may file a civil
action in any United States district court that has personal
jurisdiction over the satellite carrier for an award of
statutory damages for any violation that the Commission has
determined to have been committed by a satellite carrier under
this subsection. Such action shall not be subject to transfer
under section 1404(a) of title 28, United States Code. On
finding that the satellite carrier has committed one or more
violations of subsection (b), the District Court shall be
required to award the television broadcast station statutory
damages of $25,000 per violation, in accordance with paragraph
(5), and the costs and attorney's fees incurred by the station.
Such statutory damages shall be awarded only if the television
broadcast station has filed a binding stipulation with the court
that such station will donate the full amount in excess of
$1,000 of any statutory damage award to the United States
Treasury for public purposes. Notwithstanding any other
provision of law, a station shall incur no tax liability of any
kind with respect to any amounts so donated. Discovery may be
conducted by the parties in any proceeding under this paragraph
only if and to the extent necessary to resolve a genuinely
disputed issue of fact concerning one of the defenses under
paragraph (4). In any such action, the defenses under paragraph
(4) shall be exclusive, and the burden of proof shall be on the
satellite carrier with respect to all defenses other than the
defense under paragraph (4)(B)(i). A judgment under this
paragraph may be enforced in any manner permissible under
Federal or State law.
``(11) Appeals.--
``(A) In general.--The nonprevailing party before a
United States district court may appeal a decision under
this subsection to the United States Court of Appeals
with jurisdiction over that district court. The Court of
Appeals shall not issue any stay of the effectiveness of
any decision granting relief against a satellite carrier
unless the carrier presents clear and convincing
evidence that it is highly likely to prevail on appeal
and only after posting a bond for the full amount of any
monetary award assessed against it and for such further
amount as the Court of Appeals may believe appropriate.
``(B) Appeal.--If the Commission denies relief in
response to a complaint filed by a television broadcast
station under this subsection, the television broadcast
station filing the complaint may file an appeal with the
United States Court of Appeals for the District of
Columbia Circuit.
[[Page 113 STAT. 1501A-543]]
``(12) Sunset.--No complaint or civil action may be filed
under this subsection after December 31, 2001. This subsection
shall continue to apply to any complaint or civil action filed
on or before such date.''.
SEC. 1010. SEVERABILITY.
If any provision of section 325(b) of the Communications Act of 1934
(47 U.S.C. 325(b)), or the application of that provision to any person
or circumstance, is held by a court of competent jurisdiction to violate
any provision of the Constitution of the United States, then the other
provisions of that section, and the application of that provision to
other persons and circumstances, shall not be affected.
SEC. 1011. TECHNICAL AMENDMENTS.
(a) Technical Amendments Relating to Cable Systems.--Title 17,
United States Code, is amended as follows:
(1) Such title is amended by striking ``programing'' each
place it appears and inserting ``programming''.
(2) Section 111 is amended by striking ``compulsory'' each
place it appears and inserting ``statutory''.
(3) Section 510(b) is amended by striking ``compulsory'' and
inserting ``statutory''.
(b) Technical Amendments Relating to Performance or Displays Of
Works.--
(1) Section 111 of title 17, United States Code, is
amended--
(A) in subsection (a), in the matter preceding
paragraph (1), by striking ``primary transmission
embodying a performance or display of a work'' and
inserting ``performance or display of a work embodied in
a primary transmission'';
(B) in subsection (b), in the matter preceding
paragraph (1), by striking ``primary transmission
embodying a performance or display of a work'' and
inserting ``performance or display of a work embodied in
a primary transmission''; and
(C) in subsection (c)--
(i) in paragraph (1)--
(I) by inserting ``a performance or
display of a work embodied in'' after
``by a cable system of''; and
(II) by striking ``and embodying a
performance or display of a work''; and
(ii) in paragraphs (3) and (4)--
(I) by striking ``a primary
transmission'' and inserting ``a
performance or display of a work
embodied in a primary transmission'';
and
(II) by striking ``and embodying a
performance or display of a work''.
(2) Section 119(a) of title 17, United States Code, is
amended--
(A) in paragraph (1), by striking ``primary
transmission made by a superstation and embodying a
performance or display of a work'' and inserting
``performance or display of a work embodied in a primary
transmission made by a superstation'';
[[Page 113 STAT. 1501A-544]]
(B) in paragraph (2)(A), by striking ``programming''
and all that follows through ``a work'' and inserting
``a performance or display of a work embodied in a
primary transmission made by a network station'';
(C) in paragraph (4)--
(i) by inserting ``a performance or display of
a work embodied in'' after ``by a satellite
carrier of''; and
(ii) by striking ``and embodying a performance
or display of a work''; and
(D) in paragraph (6)--
(i) by inserting ``performance or display of a
work embodied in'' after ``by a satellite carrier
of''; and
(ii) by striking ``and embodying a performance
or display of a work''.
(3) Section 501(e) of title 17, United States Code, is
amended by striking ``primary transmission embodying the
performance or display of a work'' and inserting ``performance
or display of a work embodied in a primary transmission''.
(c) Conforming Amendment.--Section 119(a)(2)(C) of title 17, United
States Code, is amended in the first sentence by striking ``currently''.
(d) Work Made for Hire.--Section 101 of title 17, United States
Code, is amended in the definition relating to work for hire in
paragraph (2) by inserting ``as a sound recording,'' after ``audiovisual
work''.
SEC. 1012. EFFECTIVE DATES.
Sections 1001, 1003, 1005, 1007, 1008, 1009, 1010, and 1011 (and the
amendments made by such sections) shall take effect on the date of the
enactment of this Act. The amendments made by sections 1002, 1004, and
1006 shall be effective as of July 1, 1999.
TITLE II--RURAL LOCAL TELEVISION SIGNALS
SEC. 2001. SHORT TITLE.
This title may be cited as the ``Rural Local Broadcast Signal Act''.
SEC. 2002. LOCAL TELEVISION SERVICE IN UNSERVED AND UNDERSERVED
MARKETS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Federal Communications Commission (``the
Commission'') shall take all actions necessary to make a determination
regarding licenses or other authorizations for facilities that will
utilize, for delivering local broadcast television station signals to
satellite television subscribers in unserved and underserved local
television markets, spectrum otherwise allocated to commercial use.
(b) Rules.--
(1) Form of business.--To the extent not inconsistent with
the Communications Act of 1934 and the Commission's rules, the
Commission shall permit applicants under subsection
[[Page 113 STAT. 1501A-545]]
(a) to engage in partnerships, joint ventures, and similar
operating arrangements for the purpose of carrying out
subsection (a).
(2) Harmful interference.--The Commission shall ensure that
no facility licensed or authorized under subsection (a) causes
harmful interference to the primary users of that spectrum or to
public safety spectrum use.
(3) Limitation on commission.--Except as provided in
paragraphs (1) and (2), the Commission may not restrict any
entity granted a license or other authorization under subsection
(a) from using any reasonable compression, reformatting, or
other technology.
(c) Report.--Not later than January 1, 2001, the Commission shall
report to the Agriculture, Appropriations, and the Judiciary Committees
of the Senate and the House of Representatives, the Senate Committee on
Commerce, Science, and Transportation, and the House of Representatives
Committee on Commerce, on the extent to which licenses and other
authorizations under subsection (a) have facilitated the delivery of
local signals to satellite television subscribers in unserved and
underserved local television markets. The report shall include--
(1) an analysis of the extent to which local signals are
being provided by direct-to-home satellite television providers
and by other multichannel video program distributors;
(2) an enumeration of the technical, economic, and other
impediments each type of multichannel video programming
distributor has encountered; and
(3) recommendations for specific measures to facilitate the
provision of local signals to subscribers in unserved and
underserved markets by direct-to-home satellite television
providers and by other distributors of multichannel video
programming service.
TITLE III--TRADEMARK CYBERPIRACY PREVENTION
SEC. 3001. SHORT TITLE; REFERENCES.
(a) Short Title.--This title may be cited as the
``Anticybersquatting Consumer Protection Act''.
(b) References to the Trademark Act of 1946.--Any reference in this
title to the Trademark Act of 1946 shall be a reference to the Act
entitled ``An Act to provide for the registration and protection of
trademarks used in commerce, to carry out the provisions of certain
international conventions, and for other purposes'', approved July 5,
1946 (15 U.S.C. 1051 et seq.).
SEC. 3002. CYBERPIRACY PREVENTION.
(a) In General.--Section 43 of the Trademark Act of 1946 (15 U.S.C.
1125) is amended by inserting at the end the following:
``(d)(1)(A) A person shall be liable in a civil action by the owner
of a mark, including a personal name which is protected as a mark under
this section, if, without regard to the goods or services of the
parties, that person--
``(i) has a bad faith intent to profit from that mark,
including a personal name which is protected as a mark under
this section; and
[[Page 113 STAT. 1501A-546]]
``(ii) registers, traffics in, or uses a domain name that--
``(I) in the case of a mark that is distinctive at
the time of registration of the domain name, is
identical or confusingly similar to that mark;
``(II) in the case of a famous mark that is famous
at the time of registration of the domain name, is
identical or confusingly similar to or dilutive of that
mark; or
``(III) is a trademark, word, or name protected by
reason of section 706 of title 18, United States Code,
or section 220506 of title 36, United States Code.
``(B)(i) In determining whether a person has a bad faith intent
described under subparagraph (A), a court may consider factors such as,
but not limited to--
``(I) the trademark or other intellectual property rights of
the person, if any, in the domain name;
``(II) the extent to which the domain name consists of the
legal name of the person or a name that is otherwise commonly
used to identify that person;
``(III) the person's prior use, if any, of the domain name
in connection with the bona fide offering of any goods or
services;
``(IV) the person's bona fide noncommercial or fair use of
the mark in a site accessible under the domain name;
``(V) the person's intent to divert consumers from the mark
owner's online location to a site accessible under the domain
name that could harm the goodwill represented by the mark,
either for commercial gain or with the intent to tarnish or
disparage the mark, by creating a likelihood of confusion as to
the source, sponsorship, affiliation, or endorsement of the
site;
``(VI) the person's offer to transfer, sell, or otherwise
assign the domain name to the mark owner or any third party for
financial gain without having used, or having an intent to use,
the domain name in the bona fide offering of any goods or
services, or the person's prior conduct indicating a pattern of
such conduct;
``(VII) the person's provision of material and misleading
false contact information when applying for the registration of
the domain name, the person's intentional failure to maintain
accurate contact information, or the person's prior conduct
indicating a pattern of such conduct;
``(VIII) the person's registration or acquisition of
multiple domain names which the person knows are identical or
confusingly similar to marks of others that are distinctive at
the time of registration of such domain names, or dilutive of
famous marks of others that are famous at the time of
registration of such domain names, without regard to the goods
or services of the parties; and
``(IX) the extent to which the mark incorporated in the
person's domain name registration is or is not distinctive and
famous within the meaning of subsection (c)(1) of section 43.
``(ii) Bad faith intent described under subparagraph (A) shall not
be found in any case in which the court determines that the person
believed and had reasonable grounds to believe that the use of the
domain name was a fair use or otherwise lawful.
``(C) In any civil action involving the registration, trafficking,
or use of a domain name under this paragraph, a court may order
[[Page 113 STAT. 1501A-547]]
the forfeiture or cancellation of the domain name or the transfer of the
domain name to the owner of the mark.
``(D) A person shall be liable for using a domain name under
subparagraph (A) only if that person is the domain name registrant or
that registrant's authorized licensee.
``(E) As used in this paragraph, the term `traffics in' refers to
transactions that include, but are not limited to, sales, purchases,
loans, pledges, licenses, exchanges of currency, and any other transfer
for consideration or receipt in exchange for consideration.
``(2)(A) The owner of a mark may file an in rem civil action against
a domain name in the judicial district in which the domain name
registrar, domain name registry, or other domain name authority that
registered or assigned the domain name is located if--
``(i) the domain name violates any right of the owner of a
mark registered in the Patent and Trademark Office, or protected
under subsection (a) or (c); and
``(ii) the court finds that the owner--
``(I) is not able to obtain in personam jurisdiction
over a person who would have been a defendant in a civil
action under paragraph (1); or
``(II) through due diligence was not able to find a
person who would have been a defendant in a civil action
under paragraph (1) by--
``(aa) sending a notice of the alleged
violation and intent to proceed under this
paragraph to the registrant of the domain name at
the postal and e-mail address provided by the
registrant to the registrar; and
``(bb) publishing notice of the action as the
court may direct promptly after filing the action.
``(B) The actions under subparagraph (A)(ii) shall constitute
service of process.
``(C) In an in rem action under this paragraph, a domain name shall
be deemed to have its situs in the judicial district in which--
``(i) the domain name registrar, registry, or other domain
name authority that registered or assigned the domain name is
located; or
``(ii) documents sufficient to establish control and
authority regarding the disposition of the registration and use
of the domain name are deposited with the court.
``(D)(i) The remedies in an in rem action under this paragraph shall
be limited to a court order for the forfeiture or cancellation of the
domain name or the transfer of the domain name to the owner of the mark.
Upon receipt of written notification of a filed, stamped copy of a
complaint filed by the owner of a mark in a United States district court
under this paragraph, the domain name registrar, domain name registry,
or other domain name authority shall--
``(I) expeditiously deposit with the court documents
sufficient to establish the court's control and authority
regarding the disposition of the registration and use of the
domain name to the court; and
``(II) not transfer, suspend, or otherwise modify the domain
name during the pendency of the action, except upon order of the
court.
[[Page 113 STAT. 1501A-548]]
``(ii) The domain name registrar or registry or other domain name
authority shall not be liable for injunctive or monetary relief under
this paragraph except in the case of bad faith or reckless disregard,
which includes a willful failure to comply with any such court order.
``(3) The civil action established under paragraph (1) and the in
rem action established under paragraph (2), and any remedy available
under either such action, shall be in addition to any other civil action
or remedy otherwise applicable.
``(4) The in rem jurisdiction established under paragraph (2) shall
be in addition to any other jurisdiction that otherwise exists, whether
in rem or in personam.''.
(b) Cyberpiracy Protections for Individuals.--
(1) In general.--
(A) Civil liability.--Any person who registers a
domain name that consists of the name of another living
person, or a name substantially and confusingly similar
thereto, without that person's consent, with the
specific intent to profit from such name by selling the
domain name for financial gain to that person or any
third party, shall be liable in a civil action by such
person.
(B) Exception.--A person who in good faith registers
a domain name consisting of the name of another living
person, or a name substantially and confusingly similar
thereto, shall not be liable under this paragraph if
such name is used in, affiliated with, or related to a
work of authorship protected under title 17, United
States Code, including a work made for hire as defined
in section 101 of title 17, United States Code, and if
the person registering the domain name is the copyright
owner or licensee of the work, the person intends to
sell the domain name in conjunction with the lawful
exploitation of the work, and such registration is not
prohibited by a contract between the registrant and the
named person. The exception under this subparagraph
shall apply only to a civil action brought under
paragraph (1) and shall in no manner limit the
protections afforded under the Trademark Act of 1946 (15
U.S.C. 1051 et seq.) or other provision of Federal or
State law.
(2) Remedies.--In any civil action brought under paragraph
(1), a court may award injunctive relief, including the
forfeiture or cancellation of the domain name or the transfer of
the domain name to the plaintiff. The court may also, in its
discretion, award costs and attorneys fees to the prevailing
party.
(3) Definition.--In this subsection, the term ``domain
name'' has the meaning given that term in section 45 of the
Trademark Act of 1946 (15 U.S.C. 1127).
(4) Effective date.--This subsection shall apply to domain
names registered on or after the date of the enactment of this
Act.
SEC. 3003. DAMAGES AND REMEDIES.
(a) Remedies in Cases of Domain Name Piracy.--
(1) Injunctions.--Section 34(a) of the Trademark Act of 1946
(15 U.S.C. 1116(a)) is amended in the first sentence by striking
``(a) or (c)'' and inserting ``(a), (c), or (d)''.
[[Page 113 STAT. 1501A-549]]
(2) Damages.--Section 35(a) of the Trademark Act of 1946 (15
U.S.C. 1117(a)) is amended in the first sentence by inserting
``, (c), or (d)'' after ``section 43(a)''.
(b) Statutory Damages.--Section 35 of the Trademark Act of 1946 (15
U.S.C. 1117) is amended by adding at the end the following:
``(d) In a case involving a violation of section 43(d)(1), the
plaintiff may elect, at any time before final judgment is rendered by
the trial court, to recover, instead of actual damages and profits, an
award of statutory damages in the amount of not less than $1,000 and not
more than $100,000 per domain name, as the court considers just.
SEC. 3004. LIMITATION ON LIABILITY.
Section 32(2) of the Trademark Act of 1946 (15 U.S.C. 1114) is
amended--
(1) in the matter preceding subparagraph (A) by striking
``under section 43(a)'' and inserting ``under section 43 (a) or
(d)''; and
(2) by redesignating subparagraph (D) as subparagraph (E)
and inserting after subparagraph (C) the following:
``(D)(i)(I) A domain name registrar, a domain name registry,
or other domain name registration authority that takes any
action described under clause (ii) affecting a domain name shall
not be liable for monetary relief or, except as provided in
subclause (II), for injunctive relief, to any person for such
action, regardless of whether the domain name is finally
determined to infringe or dilute the mark.
``(II) A domain name registrar, domain name registry, or
other domain name registration authority described in subclause
(I) may be subject to injunctive relief only if such registrar,
registry, or other registration authority has--
``(aa) not expeditiously deposited with a court, in
which an action has been filed regarding the disposition
of the domain name, documents sufficient for the court
to establish the court's control and authority regarding
the disposition of the registration and use of the
domain name;
``(bb) transferred, suspended, or otherwise modified
the domain name during the pendency of the action,
except upon order of the court; or
``(cc) willfully failed to comply with any such
court order.
``(ii) An action referred to under clause (i)(I) is any
action of refusing to register, removing from registration,
transferring, temporarily disabling, or permanently canceling a
domain name--
``(I) in compliance with a court order under section
43(d); or
``(II) in the implementation of a reasonable policy
by such registrar, registry, or authority prohibiting
the registration of a domain name that is identical to,
confusingly similar to, or dilutive of another's mark.
``(iii) A domain name registrar, a domain name registry, or
other domain name registration authority shall not be liable for
damages under this section for the registration or maintenance
of a domain name for another absent a showing of
[[Page 113 STAT. 1501A-550]]
bad faith intent to profit from such registration or maintenance
of the domain name.
``(iv) If a registrar, registry, or other registration
authority takes an action described under clause (ii) based on a
knowing and material misrepresentation by any other person that
a domain name is identical to, confusingly similar to, or
dilutive of a mark, the person making the knowing and material
misrepresentation shall be liable for any damages, including
costs and attorney's fees, incurred by the domain name
registrant as a result of such action. The court may also grant
injunctive relief to the domain name registrant, including the
reactivation of the domain name or the transfer of the domain
name to the domain name registrant.
``(v) A domain name registrant whose domain name has been
suspended, disabled, or transferred under a policy described
under clause (ii)(II) may, upon notice to the mark owner, file a
civil action to establish that the registration or use of the
domain name by such registrant is not unlawful under this Act.
The court may grant injunctive relief to the domain name
registrant, including the reactivation of the domain name or
transfer of the domain name to the domain name registrant.''.
SEC. 3005. DEFINITIONS.
Section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) is amended
by inserting after the undesignated paragraph defining the term
``counterfeit'' the following:
``The term `domain name' means any alphanumeric designation which is
registered with or assigned by any domain name registrar, domain name
registry, or other domain name registration authority as part of an
electronic address on the Internet.
``The term `Internet' has the meaning given that term in section
230(f )(1) of the Communications Act of 1934 (47 U.S.C. 230(f )(1)).''.
SEC. 3006. STUDY ON ABUSIVE DOMAIN NAME REGISTRATIONS INVOLVING
PERSONAL NAMES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Commerce, in consultation with
the Patent and Trademark Office and the Federal Election Commission,
shall conduct a study and report to Congress with recommendations on
guidelines and procedures for resolving disputes involving the
registration or use by a person of a domain name that includes the
personal name of another person, in whole or in part, or a name
confusingly similar thereto, including consideration of and
recommendations for--
(1) protecting personal names from registration by another
person as a second level domain name for purposes of selling or
otherwise transferring such domain name to such other person or
any third party for financial gain;
(2) protecting individuals from bad faith uses of their
personal names as second level domain names by others with
malicious intent to harm the reputation of the individual or the
goodwill associated with that individual's name;
(3) protecting consumers from the registration and use of
domain names that include personal names in the second level
domain in manners which are intended or are likely to confuse or
deceive the public as to the affiliation, connection, or
association of the domain name registrant, or a site accessible
[[Page 113 STAT. 1501A-551]]
under the domain name, with such other person, or as to the
origin, sponsorship, or approval of the goods, services, or
commercial activities of the domain name registrant;
(4) protecting the public from registration of domain names
that include the personal names of government officials,
official candidates, and potential official candidates for
Federal, State, or local political office in the United States,
and the use of such domain names in a manner that disrupts the
electoral process or the public's ability to access accurate and
reliable information regarding such individuals;
(5) existing remedies, whether under State law or otherwise,
and the extent to which such remedies are sufficient to address
the considerations described in paragraphs (1) through (4); and
(6) the guidelines, procedures, and policies of the Internet
Corporation for Assigned Names and Numbers and the extent to
which they address the considerations described in paragraphs
(1) through (4).
(b) Guidelines and Procedures.--The Secretary of Commerce shall,
under its Memorandum of Understanding with the Internet Corporation for
Assigned Names and Numbers, collaborate to develop guidelines and
procedures for resolving disputes involving the registration or use by a
person of a domain name that includes the personal name of another
person, in whole or in part, or a name confusingly similar thereto.
SEC. 3007. HISTORIC PRESERVATION.
Section 101(a)(1)(A) of the National Historic Preservation Act (16
U.S.C. 470a(a)(1)(A)) is amended by adding at the end the following:
``Notwithstanding section 43(c) of the Act entitled `An Act to provide
for the registration and protection of trademarks used in commerce, to
carry out the provisions of certain international conventions, and for
other purposes', approved July 5, 1946 (commonly known as the `Trademark
Act of 1946' (15 U.S.C. 1125(c))), buildings and structures on or
eligible for inclusion on the National Register of Historic Places
(either individually or as part of a historic district), or designated
as an individual landmark or as a contributing building in a historic
district by a unit of State or local government, may retain the name
historically associated with the building or structure.''.
SEC. 3008. SAVINGS CLAUSE.
Nothing in this title shall affect any defense available to a
defendant under the Trademark Act of 1946 (including any defense under
section 43(c)(4) of such Act or relating to fair use) or a person's
right of free speech or expression under the first amendment of the
United States Constitution.
SEC. 3009. TECHNICAL AND CONFORMING AMENDMENTS.
Chapter 85 of title 28, United States Code, is amended as follows:
(1) Section 1338 of title 28, United States Code, is
amended--
(A) in the section heading by striking ``trade-
marks'' and inserting ``trademarks'';
(B) in subsection (a) by striking ``trade-marks''
and inserting ``trademarks''; and
[[Page 113 STAT. 1501A-552]]
(C) in subsection (b) by striking ``trade-mark'' and
inserting ``trademark''.
(2) The item relating to section 1338 in the table of
sections for chapter 85 of title 28, United States Code, is
amended by striking ``trade-marks'' and inserting
``trademarks''.
SEC. 3010. EFFECTIVE DATE.
Sections 3002(a), 3003, 3004, 3005, and 3008 of this title shall
apply to all domain names registered before, on, or after the date of
the enactment of this Act, except that damages under subsection (a) or
(d) of section 35 of the Trademark Act of 1946 (15 U.S.C. 1117), as
amended by section 3003 of this title, shall not be available with
respect to the registration, trafficking, or use of a domain name that
occurs before the date of the enactment of this Act.
TITLE IV--INVENTOR PROTECTION
SEC. 4001. SHORT TITLE.
This title may be cited as the ``American Inventors Protection Act
of 1999''.
Subtitle A--Inventors' Rights
SEC. 4101. SHORT TITLE.
This subtitle may be cited as the ``Inventors' Rights Act of 1999''.
SEC. 4102. INTEGRITY IN INVENTION PROMOTION SERVICES.
(a) In General.--Chapter 29 of title 35, United States Code, is
amended by adding at the end the following new section:
``Sec. 297. Improper and deceptive invention promotion
``(a) In General.--An invention promoter shall have a duty to
disclose the following information to a customer in writing, prior to
entering into a contract for invention promotion services--
``(1) the total number of inventions evaluated by the
invention promoter for commercial potential in the past 5 years,
as well as the number of those inventions that received positive
evaluations, and the number of those inventions that received
negative evaluations;
``(2) the total number of customers who have contracted with
the invention promoter in the past 5 years, not including
customers who have purchased trade show services, research,
advertising, or other nonmarketing services from the invention
promoter, or who have defaulted in their payment to the
invention promoter;
``(3) the total number of customers known by the invention
promoter to have received a net financial profit as a direct
result of the invention promotion services provided by such
invention promoter;
``(4) the total number of customers known by the invention
promoter to have received license agreements for their
inventions as a direct result of the invention promotion
services provided by such invention promoter; and
``(5) the names and addresses of all previous invention
promotion companies with which the invention promoter or
[[Page 113 STAT. 1501A-553]]
its officers have collectively or individually been affiliated
in the previous 10 years.
``(b) Civil Action.--(1) Any customer who enters into a contract
with an invention promoter and who is found by a court to have been
injured by any material false or fraudulent statement or representation,
or any omission of material fact, by that invention promoter (or any
agent, employee, director, officer, partner, or independent contractor
of such invention promoter), or by the failure of that invention
promoter to disclose such information as required under subsection (a),
may recover in a civil action against the invention promoter (or the
officers, directors, or partners of such invention promoter), in
addition to reasonable costs and attorneys' fees--
``(A) the amount of actual damages incurred by the customer;
or
``(B) at the election of the customer at any time before
final judgment is rendered, statutory damages in a sum of not
more than $5,000, as the court considers just.
``(2) Notwithstanding paragraph (1), in a case where the customer
sustains the burden of proof, and the court finds, that the invention
promoter intentionally misrepresented or omitted a material fact to such
customer, or willfully failed to disclose such information as required
under subsection (a), with the purpose of deceiving that customer, the
court may increase damages to not more than three times the amount
awarded, taking into account past complaints made against the invention
promoter that resulted in regulatory sanctions or other corrective
actions based on those records compiled by the Commissioner of Patents
under subsection (d).
``(c) Definitions.--For purposes of this section--
``(1) a `contract for invention promotion services' means a
contract by which an invention promoter undertakes invention
promotion services for a customer;
``(2) a `customer' is any individual who enters into a
contract with an invention promoter for invention promotion
services;
``(3) the term `invention promoter' means any person, firm,
partnership, corporation, or other entity who offers to perform
or performs invention promotion services for, or on behalf of, a
customer, and who holds itself out through advertising in any
mass media as providing such services, but does not include--
``(A) any department or agency of the Federal
Government or of a State or local government;
``(B) any nonprofit, charitable, scientific, or
educational organization, qualified under applicable
State law or described under section 170(b)(1)(A) of the
Internal Revenue Code of 1986;
``(C) any person or entity involved in the
evaluation to determine commercial potential of, or
offering to license or sell, a utility patent or a
previously filed nonprovisional utility patent
application;
``(D) any party participating in a transaction
involving the sale of the stock or assets of a business;
or
``(E) any party who directly engages in the business
of retail sales of products or the distribution of
products; and
[[Page 113 STAT. 1501A-554]]
``(4) the term `invention promotion services' means the
procurement or attempted procurement for a customer of a firm,
corporation, or other entity to develop and market products or
services that include the invention of the customer.
``(d) Records of Complaints.--
``(1) Release of complaints.--The Commissioner of Patents
shall make all complaints received by the Patent and Trademark
Office involving invention promoters publicly available,
together with any response of the invention promoters. The
Commissioner of Patents shall notify the invention promoter of a
complaint and provide a reasonable opportunity to reply prior to
making such complaint publicly available.
``(2) Request for complaints.--The Commissioner of Patents
may request complaints relating to invention promotion services
from any Federal or State agency and include such complaints in
the records maintained under paragraph (1), together with any
response of the invention promoters.''.
(b) Conforming Amendment.--The table of sections at the beginning of
chapter 29 of title 35, United States Code, is amended by adding at the
end the following new item:
``297. Improper and deceptive invention promotion.''.
SEC. 4103. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle shall take
effect 60 days after the date of the enactment of this Act.
Subtitle B--Patent and Trademark Fee Fairness
SEC. 4201. SHORT TITLE.
This subtitle may be cited as the ``Patent and Trademark Fee
Fairness Act of 1999''.
SEC. 4202. ADJUSTMENT OF PATENT FEES.
(a) Original Filing Fee.--Section 41(a)(1)(A) of title 35, United
States Code, relating to the fee for filing an original patent
application, is amended by striking ``$760'' and inserting ``$690''.
(b) Reissue Fee.--Section 41(a)(4)(A) of title 35, United States
Code, relating to the fee for filing for a reissue of a patent, is
amended by striking ``$760'' and inserting ``$690''.
(c) National Fee for Certain International Applications.--Section
41(a)(10) of title 35, United States Code, relating to the national fee
for certain international applications, is amended by striking ``$760''
and inserting ``$690''.
(d) Maintenance Fees.--Section 41(b)(1) of title 35, United States
Code, relating to certain maintenance fees, is amended by striking
``$940'' and inserting ``$830''.
SEC. 4203. ADJUSTMENT OF TRADEMARK FEES.
Notwithstanding the second sentence of section 31(a) of the
Trademark Act of 1946 (15 U.S.C. 111(a)), the Under Secretary of
Commerce for Intellectual Property and Director of the United States
Patent and Trademark Office is authorized in fiscal year 2000 to adjust
trademark fees without regard to fluctuations in the Consumer Price
Index during the preceding 12 months.
[[Page 113 STAT. 1501A-555]]
SEC. 4204. STUDY ON ALTERNATIVE FEE STRUCTURES.
The Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office shall conduct
a study of alternative fee structures that could be adopted by the
United States Patent and Trademark Office to encourage maximum
participation by the inventor community in the United States. The
Director shall submit such study to the Committees on the Judiciary of
the House of Representatives and the Senate not later than 1 year after
the date of the enactment of this Act.
SEC. 4205. PATENT AND TRADEMARK OFFICE FUNDING.
Section 42(c) of title 35, United States Code, is amended in the
second sentence--
(1) by striking ``Fees available'' and inserting ``All fees
available''; and
(2) by striking ``may'' and inserting ``shall''.
SEC. 4206. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this subtitle shall take effect on the date of the
enactment of this Act.
(b) Section 4202.--The amendments made by section 4202 of this
subtitle shall take effect 30 days after the date of the enactment of
this Act.
Subtitle C--First Inventor Defense
SEC. 4301. SHORT TITLE.
This subtitle may be cited as the ``First Inventor Defense Act of
1999''.
SEC. 4302. DEFENSE TO PATENT INFRINGEMENT BASED ON EARLIER
INVENTOR.
(a) Defense.--Chapter 28 of title 35, United States Code, is amended
by adding at the end the following new section:
``Sec. 273. Defense to infringement based on earlier inventor
``(a) Definitions.--For purposes of this section--
``(1) the terms `commercially used' and `commercial use'
mean use of a method in the United States, so long as such use
is in connection with an internal commercial use or an actual
arm's-length sale or other arm's-length commercial transfer of a
useful end result, whether or not the subject matter at issue is
accessible to or otherwise known to the public, except that the
subject matter for which commercial marketing or use is subject
to a premarketing regulatory review period during which the
safety or efficacy of the subject matter is established,
including any period specified in section 156(g), shall be
deemed `commercially used' and in `commercial use' during such
regulatory review period;
``(2) in the case of activities performed by a nonprofit
research laboratory, or nonprofit entity such as a university,
research center, or hospital, a use for which the public is the
intended beneficiary shall be considered to be a use described
in paragraph (1), except that the use--
[[Page 113 STAT. 1501A-556]]
``(A) may be asserted as a defense under this
section only for continued use by and in the laboratory
or nonprofit entity; and
``(B) may not be asserted as a defense with respect
to any subsequent commercialization or use outside such
laboratory or nonprofit entity;
``(3) the term `method' means a method of doing or
conducting business; and
``(4) the `effective filing date' of a patent is the earlier
of the actual filing date of the application for the patent or
the filing date of any earlier United States, foreign, or
international application to which the subject matter at issue
is entitled under section 119, 120, or 365 of this title.
``(b) Defense to Infringement.--
``(1) In general.--It shall be a defense to an action for
infringement under section 271 of this title with respect to any
subject matter that would otherwise infringe one or more claims
for a method in the patent being asserted against a person, if
such person had, acting in good faith, actually reduced the
subject matter to practice at least 1 year before the effective
filing date of such patent, and commercially used the subject
matter before the effective filing date of such patent.
``(2) Exhaustion of right.--The sale or other disposition of
a useful end product produced by a patented method, by a person
entitled to assert a defense under this section with respect to
that useful end result shall exhaust the patent owner's rights
under the patent to the extent such rights would have been
exhausted had such sale or other disposition been made by the
patent owner.
``(3) Limitations and qualifications of defense.--The
defense to infringement under this section is subject to the
following:
``(A) Patent.--A person may not assert the defense
under this section unless the invention for which the
defense is asserted is for a method.
``(B) Derivation.--A person may not assert the
defense under this section if the subject matter on
which the defense is based was derived from the patentee
or persons in privity with the patentee.
``(C) Not a general license.--The defense asserted
by a person under this section is not a general license
under all claims of the patent at issue, but extends
only to the specific subject matter claimed in the
patent with respect to which the person can assert a
defense under this chapter, except that the defense
shall also extend to variations in the quantity or
volume of use of the claimed subject matter, and to
improvements in the claimed subject matter that do not
infringe additional specifically claimed subject matter
of the patent.
``(4) Burden of proof.--A person asserting the defense under
this section shall have the burden of establishing the defense
by clear and convincing evidence.
``(5) Abandonment of use.--A person who has abandoned
commercial use of subject matter may not rely on activities
performed before the date of such abandonment in establishing a
defense under this section with respect to actions taken after
the date of such abandonment.
[[Page 113 STAT. 1501A-557]]
``(6) Personal defense.--The defense under this section may
be asserted only by the person who performed the acts necessary
to establish the defense and, except for any transfer to the
patent owner, the right to assert the defense shall not be
licensed or assigned or transferred to another person except as
an ancillary and subordinate part of a good faith assignment or
transfer for other reasons of the entire enterprise or line of
business to which the defense relates.
``(7) Limitation on sites.--A defense under this section,
when acquired as part of a good faith assignment or transfer of
an entire enterprise or line of business to which the defense
relates, may only be asserted for uses at sites where the
subject matter that would otherwise infringe one or more of the
claims is in use before the later of the effective filing date
of the patent or the date of the assignment or transfer of such
enterprise or line of business.
``(8) Unsuccessful assertion of defense.--If the defense
under this section is pleaded by a person who is found to
infringe the patent and who subsequently fails to demonstrate a
reasonable basis for asserting the defense, the court shall find
the case exceptional for the purpose of awarding attorney fees
under section 285 of this title.
``(9) Invalidity.--A patent shall not be deemed to be
invalid under section 102 or 103 of this title solely because a
defense is raised or established under this section.''.
(b) Conforming Amendment.--The table of sections at the beginning of
chapter 28 of title 35, United States Code, is amended by adding at the
end the following new item:
``273. Defense to infringement based on earlier inventor.''.
SEC. 4303. EFFECTIVE DATE AND APPLICABILITY.
This subtitle and the amendments made by this subtitle shall take
effect on the date of the enactment of this Act, but shall not apply to
any action for infringement that is pending on such date of enactment or
with respect to any subject matter for which an adjudication of
infringement, including a consent judgment, has been made before such
date of enactment.
Subtitle D--Patent Term Guarantee
SEC. 4401. SHORT TITLE.
This subtitle may be cited as the ``Patent Term Guarantee Act of
1999''.
SEC. 4402. PATENT TERM GUARANTEE AUTHORITY.
(a) Adjustment of Patent Term.--Section 154(b) of title 35, United
States Code, is amended to read as follows:
``(b) Adjustment of Patent Term.--
``(1) Patent term guarantees.--
``(A) Guarantee of prompt patent and trademark
office responses.--Subject to the limitations under
paragraph (2), if the issue of an original patent is
delayed due to the failure of the Patent and Trademark
Office to--
``(i) provide at least one of the
notifications under section 132 of this title or a
notice of allowance under
[[Page 113 STAT. 1501A-558]]
section 151 of this title not later than 14 months
after--
``(I) the date on which an
application was filed under section
111(a) of this title; or
``(II) the date on which an
international application fulfilled the
requirements of section 371 of this
title;
``(ii) respond to a reply under section 132,
or to an appeal taken under section 134, within 4
months after the date on which the reply was filed
or the appeal was taken;
``(iii) act on an application within 4 months
after the date of a decision by the Board of
Patent Appeals and Interferences under section 134
or 135 or a decision by a Federal court under
section 141, 145, or 146 in a case in which
allowable claims remain in the application; or
``(iv) issue a patent within 4 months after
the date on which the issue fee was paid under
section 151 and all outstanding requirements were
satisfied,
the term of the patent shall be extended 1 day for each
day after the end of the period specified in clause (i),
(ii), (iii), or (iv), as the case may be, until the
action described in such clause is taken.
``(B) Guarantee of no more than 3-year application
pendency.--Subject to the limitations under paragraph
(2), if the issue of an original patent is delayed due
to the failure of the United States Patent and Trademark
Office to issue a patent within 3 years after the actual
filing date of the application in the United States, not
including--
``(i) any time consumed by continued
examination of the application requested by the
applicant under section 132(b);
``(ii) any time consumed by a proceeding under
section 135(a), any time consumed by the
imposition of an order under section 181, or any
time consumed by appellate review by the Board of
Patent Appeals and Interferences or by a Federal
court; or
``(iii) any delay in the processing of the
application by the United States Patent and
Trademark Office requested by the applicant except
as permitted by paragraph (3)(C),
the term of the patent shall be extended 1 day for each
day after the end of that 3-year period until the patent
is issued.
``(C) Guarantee or adjustments for delays due to
interferences, secrecy orders, and appeals.--Subject to
the limitations under paragraph (2), if the issue of an
original patent is delayed due to--
``(i) a proceeding under section 135(a);
``(ii) the imposition of an order under
section 181; or
``(iii) appellate review by the Board of
Patent Appeals and Interferences or by a Federal
court in a case in which the patent was issued
under a decision in the review reversing an
adverse determination of patentability,
[[Page 113 STAT. 1501A-559]]
the term of the patent shall be extended 1 day for each
day of the pendency of the proceeding, order, or review,
as the case may be.
``(2) Limitations.--
``(A) In general.--To the extent that periods of
delay attributable to grounds specified in paragraph (1)
overlap, the period of any adjustment granted under this
subsection shall not exceed the actual number of days
the issuance of the patent was delayed.
``(B) Disclaimed term.--No patent the term of which
has been disclaimed beyond a specified date may be
adjusted under this section beyond the expiration date
specified in the disclaimer.
``(C) Reduction of period of adjustment.--
``(i) The period of adjustment of the term of
a patent under paragraph (1) shall be reduced by a
period equal to the period of time during which
the applicant failed to engage in reasonable
efforts to conclude prosecution of the
application.
``(ii) With respect to adjustments to patent
term made under the authority of paragraph (1)(B),
an applicant shall be deemed to have failed to
engage in reasonable efforts to conclude
processing or examination of an application for
the cumulative total of any periods of time in
excess of 3 months that are taken to respond to a
notice from the Office making any rejection,
objection, argument, or other request, measuring
such 3-month period from the date the notice was
given or mailed to the applicant.
``(iii) The Director shall prescribe
regulations establishing the circumstances that
constitute a failure of an applicant to engage in
reasonable efforts to conclude processing or
examination of an application.
``(3) Procedures for patent term adjustment determination.--
``(A) The Director shall prescribe regulations
establishing procedures for the application for and
determination of patent term adjustments under this
subsection.
``(B) Under the procedures established under
subparagraph (A), the Director shall--
``(i) make a determination of the period of
any patent term adjustment under this subsection,
and shall transmit a notice of that determination
with the written notice of allowance of the
application under section 151; and
``(ii) provide the applicant one opportunity
to request reconsideration of any patent term
adjustment determination made by the Director.
``(C) The Director shall reinstate all or part of
the cumulative period of time of an adjustment under
paragraph (2)(C) if the applicant, prior to the issuance
of the patent, makes a showing that, in spite of all due
care, the applicant was unable to respond within the 3-
month period, but in no case shall more than three
additional months for each such response beyond the
original 3-month period be reinstated.
[[Page 113 STAT. 1501A-560]]
``(D) The Director shall proceed to grant the patent
after completion of the Director's determination of a
patent term adjustment under the procedures established
under this subsection, notwithstanding any appeal taken
by the applicant of such determination.
``(4) Appeal of patent term adjustment determination.--
``(A) An applicant dissatisfied with a determination
made by the Director under paragraph (3) shall have
remedy by a civil action against the Director filed in
the United States District Court for the District of
Columbia within 180 days after the grant of the patent.
Chapter 7 of title 5, United States Code, shall apply to
such action. Any final judgment resulting in a change to
the period of adjustment of the patent term shall be
served on the Director, and the Director shall
thereafter alter the term of the patent to reflect such
change.
``(B) The determination of a patent term adjustment
under this subsection shall not be subject to appeal or
challenge by a third party prior to the grant of the
patent.''.
(b) Conforming Amendments.--
(1) Section 282 of title 35, United States Code, is amended
in the fourth paragraph by striking ``156 of this title'' and
inserting ``154(b) or 156 of this title''.
(2) Section 1295(a)(4)(C) of title 28, United States Code,
is amended by striking ``145 or 146'' and inserting ``145, 146,
or 154(b)''.
SEC. 4403. CONTINUED EXAMINATION OF PATENT APPLICATIONS.
Section 132 of title 35, United States Code, is amended--
(1) in the first sentence by striking ``Whenever'' and
inserting ``(a) Whenever''; and
(2) by adding at the end the following:
``(b) The Director shall prescribe regulations to provide for the
continued examination of applications for patent at the request of the
applicant. The Director may establish appropriate fees for such
continued examination and shall provide a 50 percent reduction in such
fees for small entities that qualify for reduced fees under section
41(h)(1) of this title.''.
SEC. 4404. TECHNICAL CLARIFICATION.
Section 156(a) of title 35, United States Code, is amended in the
matter preceding paragraph (1) by inserting ``, which shall include any
patent term adjustment granted under section 154(b),'' after ``the
original expiration date of the patent''.
SEC. 4405. EFFECTIVE DATE.
(a) Amendments Made by Sections 4402 and 4404.--The amendments made
by sections 4402 and 4404 shall take effect on the date that is 6 months
after the date of the enactment of this Act and, except for a design
patent application filed under chapter 16 of title 35, United States
Code, shall apply to any application filed on or after the date that is
6 months after the date of the enactment of this Act.
(b) Amendments Made by Section 4403.--The amendments made by section
4403--
(1) shall take effect on the date that is 6 months after the
date of the enactment of this Act, and shall apply to
[[Page 113 STAT. 1501A-561]]
all applications filed under section 111(a) of title 35, United
States Code, on or after June 8, 1995, and all applications
complying with section 371 of title 35, United States Code, that
resulted from international applications filed on or after June
8, 1995; and
(2) do not apply to applications for design patents under
chapter 16 of title 35, United States Code.
Subtitle E--Domestic Publication of Patent Applications Published Abroad
SEC. 4501. SHORT TITLE.
This subtitle may be cited as the ``Domestic Publication of Foreign
Filed Patent Applications Act of 1999''.
SEC. 4502. PUBLICATION.
(a) Publication.--Section 122 of title 35, United States Code, is
amended to read as follows:
``Sec. 122. Confidential status of applications; publication of
patent applications
``(a) Confidentiality.--Except as provided in subsection (b),
applications for patents shall be kept in confidence by the Patent and
Trademark Office and no information concerning the same given without
authority of the applicant or owner unless necessary to carry out the
provisions of an Act of Congress or in such special circumstances as may
be determined by the Director.
``(b) Publication.--
``(1) In general.--(A) Subject to paragraph (2), each
application for a patent shall be published, in accordance with
procedures determined by the Director, promptly after the
expiration of a period of 18 months from the earliest filing
date for which a benefit is sought under this title. At the
request of the applicant, an application may be published
earlier than the end of such 18-month period.
``(B) No information concerning published patent
applications shall be made available to the public except as the
Director determines.
``(C) Notwithstanding any other provision of law, a
determination by the Director to release or not to release
information concerning a published patent application shall be
final and nonreviewable.
``(2) Exceptions.--(A) An application shall not be published
if that application is--
``(i) no longer pending;
``(ii) subject to a secrecy order under section 181
of this title;
``(iii) a provisional application filed under
section 111(b) of this title; or
``(iv) an application for a design patent filed
under chapter 16 of this title.
``(B)(i) If an applicant makes a request upon filing,
certifying that the invention disclosed in the application has
not and will not be the subject of an application filed in
another country, or under a multilateral international
agreement, that requires publication of applications 18 months
after filing, the
[[Page 113 STAT. 1501A-562]]
application shall not be published as provided in paragraph (1).
``(ii) An applicant may rescind a request made under clause
(i) at any time.
``(iii) An applicant who has made a request under clause (i)
but who subsequently files, in a foreign country or under a
multilateral international agreement specified in clause (i), an
application directed to the invention disclosed in the
application filed in the Patent and Trademark Office, shall
notify the Director of such filing not later than 45 days after
the date of the filing of such foreign or international
application. A failure of the applicant to provide such notice
within the prescribed period shall result in the application
being regarded as abandoned, unless it is shown to the
satisfaction of the Director that the delay in submitting the
notice was unintentional.
``(iv) If an applicant rescinds a request made under clause
(i) or notifies the Director that an application was filed in a
foreign country or under a multilateral international agreement
specified in clause (i), the application shall be published in
accordance with the provisions of paragraph (1) on or as soon as
is practical after the date that is specified in clause (i).
``(v) If an applicant has filed applications in one or more
foreign countries, directly or through a multilateral
international agreement, and such foreign filed applications
corresponding to an application filed in the Patent and
Trademark Office or the description of the invention in such
foreign filed applications is less extensive than the
application or description of the invention in the application
filed in the Patent and Trademark Office, the applicant may
submit a redacted copy of the application filed in the Patent
and Trademark Office eliminating any part or description of the
invention in such application that is not also contained in any
of the corresponding applications filed in a foreign country.
The Director may only publish the redacted copy of the
application unless the redacted copy of the application is not
received within 16 months after the earliest effective filing
date for which a benefit is sought under this title. The
provisions of section 154(d) shall not apply to a claim if the
description of the invention published in the redacted
application filed under this clause with respect to the claim
does not enable a person skilled in the art to make and use the
subject matter of the claim.
``(c) Protest and Pre-Issuance Opposition.--The Director shall
establish appropriate procedures to ensure that no protest or other form
of pre-issuance opposition to the grant of a patent on an application
may be initiated after publication of the application without the
express written consent of the applicant.
``(d) National Security.--No application for patent shall be
published under subsection (b)(1) if the publication or disclosure of
such invention would be detrimental to the national security. The
Director shall establish appropriate procedures to ensure that such
applications are promptly identified and the secrecy of such inventions
is maintained in accordance with chapter 17 of this title.''.
(b) Study.--
[[Page 113 STAT. 1501A-563]]
(1) In general.--The Comptroller General shall conduct a 3-
year study of the applicants who file only in the United States
on or after the effective date of this subtitle and shall
provide the results of such study to the Judiciary Committees of
the House of Representatives and the Senate.
(2) Contents.--The study conducted under paragraph (1)
shall--
(A) consider the number of such applicants in
relation to the number of applicants who file in the
United States and outside of the United States;
(B) examine how many domestic-only filers request at
the time of filing not to be published;
(C) examine how many such filers rescind that
request or later choose to file abroad;
(D) examine the status of the entity seeking an
application and any correlation that may exist between
such status and the publication of patent applications;
and
(E) examine the abandonment/issuance ratios and
length of application pendency before patent issuance or
abandonment for published versus unpublished
applications.
SEC. 4503. TIME FOR CLAIMING BENEFIT OF EARLIER FILING DATE.
(a) In a Foreign Country.--Section 119(b) of title 35, United States
Code, is amended to read as follows:
``(b)(1) No application for patent shall be entitled to this right
of priority unless a claim is filed in the Patent and Trademark Office,
identifying the foreign application by specifying the application number
on that foreign application, the intellectual property authority or
country in or for which the application was filed, and the date of
filing the application, at such time during the pendency of the
application as required by the Director.
``(2) The Director may consider the failure of the applicant to file
a timely claim for priority as a waiver of any such claim. The Director
may establish procedures, including the payment of a surcharge, to
accept an unintentionally delayed claim under this section.
``(3) The Director may require a certified copy of the original
foreign application, specification, and drawings upon which it is based,
a translation if not in the English language, and such other information
as the Director considers necessary. Any such certification shall be
made by the foreign intellectual property authority in which the foreign
application was filed and show the date of the application and of the
filing of the specification and other papers.''.
(b) In the United States.--
(1) In general.--Section 120 of title 35, United States
Code, is amended by adding at the end the following: ``No
application shall be entitled to the benefit of an earlier filed
application under this section unless an amendment containing
the specific reference to the earlier filed application is
submitted at such time during the pendency of the application as
required by the Director. The Director may consider the failure
to submit such an amendment within that time period as a waiver
of any benefit under this section. The Director may establish
procedures, including the payment of a surcharge, to accept
[[Page 113 STAT. 1501A-564]]
an unintentionally delayed submission of an amendment under this
section.''.
(2) Right of priority.--Section 119(e)(1) of title 35,
United States Code, is amended by adding at the end the
following: ``No application shall be entitled to the benefit of
an earlier filed provisional application under this subsection
unless an amendment containing the specific reference to the
earlier filed provisional application is submitted at such time
during the pendency of the application as required by the
Director. The Director may consider the failure to submit such
an amendment within that time period as a waiver of any benefit
under this subsection. The Director may establish procedures,
including the payment of a surcharge, to accept an
unintentionally delayed submission of an amendment under this
subsection during the pendency of the application.''.
SEC. 4504. PROVISIONAL RIGHTS.
Section 154 of title 35, United States Code, is amended--
(1) in the section caption by inserting ``; provisional
rights'' after ``patent''; and
(2) by adding at the end the following new subsection:
``(d) Provisional Rights.--
``(1) In general.--In addition to other rights provided by
this section, a patent shall include the right to obtain a
reasonable royalty from any person who, during the period
beginning on the date of publication of the application for such
patent under section 122(b), or in the case of an international
application filed under the treaty defined in section 351(a)
designating the United States under Article 21(2)(a) of such
treaty, the date of publication of the application, and ending
on the date the patent is issued--
``(A)(i) makes, uses, offers for sale, or sells in
the United States the invention as claimed in the
published patent application or imports such an
invention into the United States; or
``(ii) if the invention as claimed in the published
patent application is a process, uses, offers for sale,
or sells in the United States or imports into the United
States products made by that process as claimed in the
published patent application; and
``(B) had actual notice of the published patent
application and, in a case in which the right arising
under this paragraph is based upon an international
application designating the United States that is
published in a language other than English, had a
translation of the international application into the
English language.
``(2) Right based on substantially identical inventions.--
The right under paragraph (1) to obtain a reasonable royalty
shall not be available under this subsection unless the
invention as claimed in the patent is substantially identical to
the invention as claimed in the published patent application.
``(3) Time limitation on obtaining a reasonable royalty.--
The right under paragraph (1) to obtain a reasonable royalty
shall be available only in an action brought not later than 6
years after the patent is issued. The right under paragraph (1)
to obtain a reasonable royalty shall not be affected by the
duration of the period described in paragraph (1).
[[Page 113 STAT. 1501A-565]]
``(4) Requirements for international applications.--
``(A) Effective date.--The right under paragraph (1)
to obtain a reasonable royalty based upon the
publication under the treaty defined in section 351(a)
of an international application designating the United
States shall commence on the date on which the Patent
and Trademark Office receives a copy of the publication
under the treaty of the international application, or,
if the publication under the treaty of the international
application is in a language other than English, on the
date on which the Patent and Trademark Office receives a
translation of the international application in the
English language.
``(B) Copies.--The Director may require the
applicant to provide a copy of the international
application and a translation thereof.''.
SEC. 4505. PRIOR ART EFFECT OF PUBLISHED APPLICATIONS.
Section 102(e) of title 35, United States Code, is amended to read
as follows:
``(e) The invention was described in--
``(1) an application for patent, published under section
122(b), by another filed in the United States before the
invention by the applicant for patent, except that an
international application filed under the treaty defined in
section 351(a) shall have the effect under this subsection of a
national application published under section 122(b) only if the
international application designating the United States was
published under Article 21(2)(a) of such treaty in the English
language; or
``(2) a patent granted on an application for patent by
another filed in the United States before the invention by the
applicant for patent, except that a patent shall not be deemed
filed in the United States for the purposes of this subsection
based on the filing of an international application filed under
the treaty defined in section 351(a); or''.
SEC. 4506. COST RECOVERY FOR PUBLICATION.
The Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office shall recover
the cost of early publication required by the amendment made by section
4502 by charging a separate publication fee after notice of allowance is
given under section 151 of title 35, United States Code.
SEC. 4507. CONFORMING AMENDMENTS.
The following provisions of title 35, United States Code, are
amended:
(1) Section 11 is amended in paragraph 1 of subsection (a)
by inserting ``and published applications for patents'' after
``Patents''.
(2) Section 12 is amended--
(A) in the section caption by inserting ``and
applications'' after ``patents''; and
(B) by inserting ``and published applications for
patents'' after ``patents''.
(3) Section 13 is amended--
(A) in the section caption by inserting ``and
applications'' after ``patents''; and
[[Page 113 STAT. 1501A-566]]
(B) by inserting ``and published applications for
patents'' after ``patents''.
(4) The items relating to sections 12 and 13 in the table of
sections for chapter 1 are each amended by inserting ``and
applications'' after ``patents''.
(5) The item relating to section 122 in the table of
sections for chapter 11 is amended by inserting ``; publication
of patent applications'' after ``applications''.
(6) The item relating to section 154 in the table of
sections for chapter 14 is amended by inserting ``; provisional
rights'' after ``patent''.
(7) Section 181 is amended--
(A) in the first undesignated paragraph--
(i) by inserting ``by the publication of an
application or'' after ``disclosure''; and
(ii) by inserting ``the publication of the
application or'' after ``withhold'';
(B) in the second undesignated paragraph by
inserting ``by the publication of an application or''
after ``disclosure of an invention'';
(C) in the third undesignated paragraph--
(i) by inserting ``by the publication of the
application or'' after ``disclosure of the
invention''; and
(ii) by inserting ``the publication of the
application or'' after ``withhold''; and
(D) in the fourth undesignated paragraph by
inserting ``the publication of an application or'' after
``and'' in the first sentence.
(8) Section 252 is amended in the first undesignated
paragraph by inserting ``substantially'' before ``identical''
each place it appears.
(9) Section 284 is amended by adding at the end of the
second undesignated paragraph the following: ``Increased damages
under this paragraph shall not apply to provisional rights under
section 154(d) of this title.''.
(10) Section 374 is amended to read as follows:
``Sec. 374. Publication of international application
``The publication under the treaty defined in section 351(a) of this
title, of an international application designating the United States
shall confer the same rights and shall have the same effect under this
title as an application for patent published under section 122(b),
except as provided in sections 102(e) and 154(d) of this title.''.
(11) Section 135(b) is amended--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following:
``(2) A claim which is the same as, or for the same or substantially
the same subject matter as, a claim of an application published under
section 122(b) of this title may be made in an application filed after
the application is published only if the claim is made before 1 year
after the date on which the application is published.''.
SEC. 4508. EFFECTIVE DATE.
Sections 4502 through 4507, and the amendments made by such
sections, shall take effect on the date that is 1 year after
[[Page 113 STAT. 1501A-567]]
the date of the enactment of this Act and shall apply to all
applications filed under section 111 of title 35, United States Code, on
or after that date, and all applications complying with section 371 of
title 35, United States Code, that resulted from international
applications filed on or after that date. The amendments made by
sections 4504 and 4505 shall apply to any such application voluntarily
published by the applicant under procedures established under this
subtitle that is pending on the date that is 1 year after the date of
the enactment of this Act. The amendment made by section 4504 shall also
apply to international applications designating the United States that
are filed on or after the date that is 1 year after the date of the
enactment of this Act.
Subtitle F--Optional Inter Partes Reexamination Procedure
SEC. 4601. SHORT TITLE.
This subtitle may be cited as the ``Optional Inter Partes
Reexamination Procedure Act of 1999''.
SEC. 4602. EX PARTE REEXAMINATION OF PATENTS.
The chapter heading for chapter 30 of title 35, United States Code,
is amended by inserting ``EX PARTE'' before ``REEXAMINATION OF
PATENTS''.
SEC. 4603. DEFINITIONS.
Section 100 of title 35, United States Code, is amended by adding at
the end the following new subsection:
``(e) The term `third-party requester' means a person requesting ex
parte reexamination under section 302 or inter partes reexamination
under section 311 who is not the patent owner.''.
SEC. 4604. OPTIONAL INTER PARTES REEXAMINATION PROCEDURES.
(a) In General.--Part 3 of title 35, United States Code, is amended
by adding after chapter 30 the following new chapter:
``CHAPTER 31--OPTIONAL INTER PARTES REEXAMINATION PROCEDURES
``Sec.
``311. Request for inter partes reexamination.
``312. Determination of issue by Director.
``313. Inter partes reexamination order by Director.
``314. Conduct of inter partes reexamination proceedings.
``315. Appeal.
``316. Certificate of patentability, unpatentability, and claim
cancellation.
``317. Inter partes reexamination prohibited.
``318. Stay of litigation.
``Sec. 311. Request for inter partes reexamination
``(a) In General.--Any person at any time may file a request for
inter partes reexamination by the Office of a patent on the basis of any
prior art cited under the provisions of section 301.
``(b) Requirements.--The request shall--
``(1) be in writing, include the identity of the real party
in interest, and be accompanied by payment of an inter partes
reexamination fee established by the Director under section 41;
and
[[Page 113 STAT. 1501A-568]]
``(2) set forth the pertinency and manner of applying cited
prior art to every claim for which reexamination is requested.
``(c) Copy.--Unless the requesting person is the owner of
the patent, the Director promptly shall send a copy of the
request to the owner of record of the patent.
``Sec. 312. Determination of issue by Director
``(a) Reexamination.--Not later than 3 months after the filing of a
request for inter partes reexamination under section 311, the Director
shall determine whether a substantial new question of patentability
affecting any claim of the patent concerned is raised by the request,
with or without consideration of other patents or printed publications.
On the Director's initiative, and at any time, the Director may
determine whether a substantial new question of patentability is raised
by patents and publications.
``(b) Record.--A record of the Director's determination under
subsection (a) shall be placed in the official file of the patent, and a
copy shall be promptly given or mailed to the owner of record of the
patent and to the third-party requester, if any.
``(c) Final Decision.--A determination by the Director under
subsection (a) shall be final and non-appealable. Upon a determination
that no substantial new question of patentability has been raised, the
Director may refund a portion of the inter partes reexamination fee
required under section 311.
``Sec. 313. Inter partes reexamination order by Director
``If, in a determination made under section 312(a), the Director
finds that a substantial new question of patentability affecting a claim
of a patent is raised, the determination shall include an order for
inter partes reexamination of the patent for resolution of the question.
The order may be accompanied by the initial action of the Patent and
Trademark Office on the merits of the inter partes reexamination
conducted in accordance with section 314.
``Sec. 314. Conduct of inter partes reexamination proceedings
``(a) In General.--Except as otherwise provided in this section,
reexamination shall be conducted according to the procedures established
for initial examination under the provisions of sections 132 and 133. In
any inter partes reexamination proceeding under this chapter, the patent
owner shall be permitted to propose any amendment to the patent and a
new claim or claims, except that no proposed amended or new claim
enlarging the scope of the claims of the patent shall be permitted.
``(b) Response.--(1) This subsection shall apply to any inter partes
reexamination proceeding in which the order for inter partes
reexamination is based upon a request by a third-party requester.
``(2) With the exception of the inter partes reexamination request,
any document filed by either the patent owner or the third-party
requester shall be served on the other party. In addition, the third-
party requester shall receive a copy of any communication sent by the
Office to the patent owner concerning the patent subject to the inter
partes reexamination proceeding.
``(3) Each time that the patent owner files a response to an action
on the merits from the Patent and Trademark Office, the third-party
requester shall have one opportunity to file written comments addressing
issues raised by the action of the Office or
[[Page 113 STAT. 1501A-569]]
the patent owner's response thereto, if those written comments are
received by the Office within 30 days after the date of service of the
patent owner's response.
``(c) Special Dispatch.--Unless otherwise provided by the Director
for good cause, all inter partes reexamination proceedings under this
section, including any appeal to the Board of Patent Appeals and
Interferences, shall be conducted with special dispatch within the
Office.
``Sec. 315. Appeal
``(a) Patent Owner.--The patent owner involved in an inter partes
reexamination proceeding under this chapter--
``(1) may appeal under the provisions of section 134 and may
appeal under the provisions of sections 141 through 144, with
respect to any decision adverse to the patentability of any
original or proposed amended or new claim of the patent; and
``(2) may be a party to any appeal taken by a third-party
requester under subsection (b).
``(b) Third-Party Requester.--A third-party requester may--
``(1) appeal under the provisions of section 134 with
respect to any final decision favorable to the patentability of
any original or proposed amended or new claim of the patent; or
``(2) be a party to any appeal taken by the patent owner
under the provisions of section 134, subject to subsection (c).
``(c) Civil Action.--A third-party requester whose request for an
inter partes reexamination results in an order under section 313 is
estopped from asserting at a later time, in any civil action arising in
whole or in part under section 1338 of title 28, United States Code, the
invalidity of any claim finally determined to be valid and patentable on
any ground which the third-party requester raised or could have raised
during the inter partes reexamination proceedings. This subsection does
not prevent the assertion of invalidity based on newly discovered prior
art unavailable to the third-party requester and the Patent and
Trademark Office at the time of the inter partes reexamination
proceedings.
``Sec. 316. Certificate of patentability, unpatentability, and
claim cancellation
``(a) In General.--In an inter partes reexamination proceeding under
this chapter, when the time for appeal has expired or any appeal
proceeding has terminated, the Director shall issue and publish a
certificate canceling any claim of the patent finally determined to be
unpatentable, confirming any claim of the patent determined to be
patentable, and incorporating in the patent any proposed amended or new
claim determined to be patentable.
``(b) Amended or New Claim.--Any proposed amended or new claim
determined to be patentable and incorporated into a patent following an
inter partes reexamination proceeding shall have the same effect as that
specified in section 252 of this title for reissued patents on the right
of any person who made, purchased, or used within the United States, or
imported into the United States, anything patented by such proposed
amended or new claim, or who made substantial preparation therefor,
prior to issuance of a certificate under the provisions of subsection
(a) of this section.
[[Page 113 STAT. 1501A-570]]
``Sec. 317. Inter partes reexamination prohibited
``(a) Order for Reexamination.--Notwithstanding any provision of
this chapter, once an order for inter partes reexamination of a patent
has been issued under section 313, neither the patent owner nor the
third-party requester, if any, nor privies of either, may file a
subsequent request for inter partes reexamination of the patent until an
inter partes reexamination certificate is issued and published under
section 316, unless authorized by the Director.
``(b) Final Decision.--Once a final decision has been entered
against a party in a civil action arising in whole or in part under
section 1338 of title 28, United States Code, that the party has not
sustained its burden of proving the invalidity of any patent claim in
suit or if a final decision in an inter partes reexamination proceeding
instituted by a third-party requester is favorable to the patentability
of any original or proposed amended or new claim of the patent, then
neither that party nor its privies may thereafter request an inter
partes reexamination of any such patent claim on the basis of issues
which that party or its privies raised or could have raised in such
civil action or inter partes reexamination proceeding, and an inter
partes reexamination requested by that party or its privies on the basis
of such issues may not thereafter be maintained by the Office,
notwithstanding any other provision of this chapter. This subsection
does not prevent the assertion of invalidity based on newly discovered
prior art unavailable to the third-party requester and the Patent and
Trademark Office at the time of the inter partes reexamination
proceedings.
``Sec. 318. Stay of litigation
``Once an order for inter partes reexamination of a patent has been
issued under section 313, the patent owner may obtain a stay of any
pending litigation which involves an issue of patentability of any
claims of the patent which are the subject of the inter partes
reexamination order, unless the court before which such litigation is
pending determines that a stay would not serve the interests of
justice.''.
(b) Conforming Amendment.--The table of chapters for part III of
title 25, United States Code, is amended by striking the item relating
to chapter 30 and inserting the following:
``30. Prior Art Citations to Office and Ex Parte Reexamination of
Patents........................................................... 301
``31. Optional Inter Partes Reexamination of Patents..............311''.
SEC. 4605. CONFORMING AMENDMENTS.
(a) Patent Fees; Patent Search Systems.--Section 41(a)(7) of title
35, United States Code, is amended to read as follows:
``(7) On filing each petition for the revival of an
unintentionally abandoned application for a patent, for the
unintentionally delayed payment of the fee for issuing each
patent, or for an unintentionally delayed response by the patent
owner in any reexamination proceeding, $1,210, unless the
petition is filed under section 133 or 151 of this title, in
which case the fee shall be $110.''.
(b) Appeal to the Board of Patent Appeals and Interferences.--
Section 134 of title 35, United States Code, is amended to read as
follows:
[[Page 113 STAT. 1501A-571]]
``Sec. 134. Appeal to the Board of Patent Appeals and
Interferences
``(a) Patent Applicant.--An applicant for a patent, any of whose
claims has been twice rejected, may appeal from the decision of the
administrative patent judge to the Board of Patent Appeals and
Interferences, having once paid the fee for such appeal.
``(b) Patent Owner.--A patent owner in any reexamination proceeding
may appeal from the final rejection of any claim by the administrative
patent judge to the Board of Patent Appeals and Interferences, having
once paid the fee for such appeal.
``(c) Third-Party.--A third-party requester in an inter partes
proceeding may appeal to the Board of Patent Appeals and Interferences
from the final decision of the administrative patent judge favorable to
the patentability of any original or proposed amended or new claim of a
patent, having once paid the fee for such appeal. The third-party
requester may not appeal the decision of the Board of Patent Appeals and
Interferences.''.
(c) Appeal to Court of Appeals for the Federal Circuit.--Section 141
of title 35, United States Code, is amended by adding the following
after the second sentence: ``A patent owner in any reexamination
proceeding dissatisfied with the final decision in an appeal to the
Board of Patent Appeals and Interferences under section 134 may appeal
the decision only to the United States Court of Appeals for the Federal
Circuit.''.
(d) Proceedings on Appeal.--Section 143 of title 35, United States
Code, is amended by amending the third sentence to read as follows: ``In
any reexamination case, the Director shall submit to the court in
writing the grounds for the decision of the Patent and Trademark Office,
addressing all the issues involved in the appeal.''.
(e) Civil Action To Obtain Patent.--Section 145 of title 35, United
States Code, is amended in the first sentence by inserting ``(a)'' after
``section 134''.
SEC. 4606. REPORT TO CONGRESS.
Not later than 5 years after the date of the enactment of this Act,
the Under Secretary of Commerce for Intellectual Property and Director
of the United States Patent and Trademark Office shall submit to the
Congress a report evaluating whether the inter partes reexamination
proceedings established under the amendments made by this subtitle are
inequitable to any of the parties in interest and, if so, the report
shall contain recommendations for changes to the amendments made by this
subtitle to remove such inequity.
SEC. 4607. ESTOPPEL EFFECT OF REEXAMINATION.
Any party who requests an inter partes reexamination under section
311 of title 35, United States Code, is estopped from challenging at a
later time, in any civil action, any fact determined during the process
of such reexamination, except with respect to a fact determination later
proved to be erroneous based on information unavailable at the time of
the inter partes reexamination decision. If this section is held to be
unenforceable, the enforceability of the remainder of this subtitle or
of this title shall not be denied as a result.
[[Page 113 STAT. 1501A-572]]
SEC. 4608. EFFECTIVE DATE.
(a) In General.--Subject to subsection (b), this subtitle and the
amendments made by this subtitle shall take effect on the date of the
enactment of this Act and shall apply to any patent that issues from an
original application filed in the United States on or after that date.
(b) Section 4605(a).--The amendments made by section 4605(a) shall
take effect on the date that is 1 year after the date of the enactment
of this Act.
Subtitle G--Patent and Trademark Office
SEC. 4701. SHORT TITLE.
This subtitle may be cited as the ``Patent and Trademark Office
Efficiency Act''.
CHAPTER 1--UNITED STATES PATENT AND TRADEMARK OFFICE
SEC. 4711. ESTABLISHMENT OF PATENT AND TRADEMARK OFFICE.
Section 1 of title 35, United States Code, is amended to read as
follows:
``Sec. 1. Establishment
``(a) Establishment.--The United States Patent and Trademark Office
is established as an agency of the United States, within the Department
of Commerce. In carrying out its functions, the United States Patent and
Trademark Office shall be subject to the policy direction of the
Secretary of Commerce, but otherwise shall retain responsibility for
decisions regarding the management and administration of its operations
and shall exercise independent control of its budget allocations and
expenditures, personnel decisions and processes, procurements, and other
administrative and management functions in accordance with this title
and applicable provisions of law. Those operations designed to grant and
issue patents and those operations which are designed to facilitate the
registration of trademarks shall be treated as separate operating units
within the Office.
``(b) Offices.--The United States Patent and Trademark Office shall
maintain its principal office in the metropolitan Washington, D.C.,
area, for the service of process and papers and for the purpose of
carrying out its functions. The United States Patent and Trademark
Office shall be deemed, for purposes of venue in civil actions, to be a
resident of the district in which its principal office is located,
except where jurisdiction is otherwise provided by law. The United
States Patent and Trademark Office may establish satellite offices in
such other places in the United States as it considers necessary and
appropriate in the conduct of its business.
``(c) Reference.--For purposes of this title, the United States
Patent and Trademark Office shall also be referred to as the `Office'
and the `Patent and Trademark Office'.''.
SEC. 4712. POWERS AND DUTIES.
Section 2 of title 35, United States Code, is amended to read as
follows:
[[Page 113 STAT. 1501A-573]]
``Sec. 2. Powers and duties
``(a) In General.--The United States Patent and Trademark Office,
subject to the policy direction of the Secretary of Commerce--
``(1) shall be responsible for the granting and issuing of
patents and the registration of trademarks; and
``(2) shall be responsible for disseminating to the public
information with respect to patents and trademarks.
``(b) Specific Powers.--The Office--
``(1) shall adopt and use a seal of the Office, which shall
be judicially noticed and with which letters patent,
certificates of trademark registrations, and papers issued by
the Office shall be authenticated;
``(2) may establish regulations, not inconsistent with law,
which--
``(A) shall govern the conduct of proceedings in the
Office;
``(B) shall be made in accordance with section 553
of title 5, United States Code;
``(C) shall facilitate and expedite the processing
of patent applications, particularly those which can be
filed, stored, processed, searched, and retrieved
electronically, subject to the provisions of section 122
relating to the confidential status of applications;
``(D) may govern the recognition and conduct of
agents, attorneys, or other persons representing
applicants or other parties before the Office, and may
require them, before being recognized as representatives
of applicants or other persons, to show that they are of
good moral character and reputation and are possessed of
the necessary qualifications to render to applicants or
other persons valuable service, advice, and assistance
in the presentation or prosecution of their applications
or other business before the Office;
``(E) shall recognize the public interest in
continuing to safeguard broad access to the United
States patent system through the reduced fee structure
for small entities under section 41(h)(1) of this title;
and
``(F) provide for the development of a performance-
based process that includes quantitative and qualitative
measures and standards for evaluating cost-effectiveness
and is consistent with the principles of impartiality
and competitiveness;
``(3) may acquire, construct, purchase, lease, hold, manage,
operate, improve, alter, and renovate any real, personal, or
mixed property, or any interest therein, as it considers
necessary to carry out its functions;
``(4)(A) may make such purchases, contracts for the
construction, maintenance, or management and operation of
facilities, and contracts for supplies or services, without
regard to the provisions of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), the
Public Buildings Act (40 U.S.C. 601 et seq.), and the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.); and
``(B) may enter into and perform such purchases and
contracts for printing services, including the process of
composition, platemaking, presswork, silk screen processes,
binding, microform, and the products of such processes, as it
considers
[[Page 113 STAT. 1501A-574]]
necessary to carry out the functions of the Office, without
regard to sections 501 through 517 and 1101 through 1123 of
title 44, United States Code;
``(5) may use, with their consent, services, equipment,
personnel, and facilities of other departments, agencies, and
instrumentalities of the Federal Government, on a reimbursable
basis, and cooperate with such other departments, agencies, and
instrumentalities in the establishment and use of services,
equipment, and facilities of the Office;
``(6) may, when the Director determines that it is
practicable, efficient, and cost-effective to do so, use, with
the consent of the United States and the agency,
instrumentality, Patent and Trademark Office, or international
organization concerned, the services, records, facilities, or
personnel of any State or local government agency or
instrumentality or foreign patent and trademark office or
international organization to perform functions on its behalf;
``(7) may retain and use all of its revenues and receipts,
including revenues from the sale, lease, or disposal of any
real, personal, or mixed property, or any interest therein, of
the Office;
``(8) shall advise the President, through the Secretary of
Commerce, on national and certain international intellectual
property policy issues;
``(9) shall advise Federal departments and agencies on
matters of intellectual property policy in the United States and
intellectual property protection in other countries;
``(10) shall provide guidance, as appropriate, with respect
to proposals by agencies to assist foreign governments and
international intergovernmental organizations on matters of
intellectual property protection;
``(11) may conduct programs, studies, or exchanges of items
or services regarding domestic and international intellectual
property law and the effectiveness of intellectual property
protection domestically and throughout the world;
``(12)(A) shall advise the Secretary of Commerce on programs
and studies relating to intellectual property policy that are
conducted, or authorized to be conducted, cooperatively with
foreign intellectual property offices and international
intergovernmental organizations; and
``(B) may conduct programs and studies described in
subparagraph (A); and
``(13)(A) in coordination with the Department of State, may
conduct programs and studies cooperatively with foreign
intellectual property offices and international
intergovernmental organizations; and
``(B) with the concurrence of the Secretary of State, may
authorize the transfer of not to exceed $100,000 in any year to
the Department of State for the purpose of making special
payments to international intergovernmental organizations for
studies and programs for advancing international cooperation
concerning patents, trademarks, and other matters.
``(c) Clarification of Specific Powers.--(1) The special payments
under subsection (b)(13)(B) shall be in addition to any other payments
or contributions to international organizations described in subsection
(b)(13)(B) and shall not be subject to any limitations
[[Page 113 STAT. 1501A-575]]
imposed by law on the amounts of such other payments or contributions by
the United States Government.
``(2) Nothing in subsection (b) shall derogate from the duties of
the Secretary of State or from the duties of the United States Trade
Representative as set forth in section 141 of the Trade Act of 1974 (19
U.S.C. 2171).
``(3) Nothing in subsection (b) shall derogate from the duties and
functions of the Register of Copyrights or otherwise alter current
authorities relating to copyright matters.
``(4) In exercising the Director's powers under paragraphs (3) and
(4)(A) of subsection (b), the Director shall consult with the
Administrator of General Services.
``(5) In exercising the Director's powers and duties under this
section, the Director shall consult with the Register of Copyrights on
all copyright and related matters.
``(d) Construction.--Nothing in this section shall be construed to
nullify, void, cancel, or interrupt any pending request-for-proposal let
or contract issued by the General Services Administration for the
specific purpose of relocating or leasing space to the United States
Patent and Trademark Office.''.
SEC. 4713. ORGANIZATION AND MANAGEMENT.
Section 3 of title 35, United States Code, is amended to read as
follows:
``Sec. 3. Officers and employees
``(a) Under Secretary and Director.--
``(1) In general.--The powers and duties of the United
States Patent and Trademark Office shall be vested in an Under
Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office (in this title
referred to as the `Director'), who shall be a citizen of the
United States and who shall be appointed by the President, by
and with the advice and consent of the Senate. The Director
shall be a person who has a professional background and
experience in patent or trademark law.
``(2) Duties.--
``(A) In general.--The Director shall be responsible
for providing policy direction and management
supervision for the Office and for the issuance of
patents and the registration of trademarks. The Director
shall perform these duties in a fair, impartial, and
equitable manner.
``(B) Consulting with the public advisory
committees.--The Director shall consult with the Patent
Public Advisory Committee established in section 5 on a
regular basis on matters relating to the patent
operations of the Office, shall consult with the
Trademark Public Advisory Committee established in
section 5 on a regular basis on matters relating to the
trademark operations of the Office, and shall consult
with the respective Public Advisory Committee before
submitting budgetary proposals to the Office of
Management and Budget or changing or proposing to change
patent or trademark user fees or patent or trademark
regulations which are subject to the requirement to
provide notice and opportunity for public comment under
section 553 of title 5, United States Code, as the case
may be.
[[Page 113 STAT. 1501A-576]]
``(3) Oath.--The Director shall, before taking office, take
an oath to discharge faithfully the duties of the Office.
``(4) Removal.--The Director may be removed from office by
the President. The President shall provide notification of any
such removal to both Houses of Congress.
``(b) Officers and Employees of the Office.--
``(1) Deputy under secretary and deputy director.--The
Secretary of Commerce, upon nomination by the Director, shall
appoint a Deputy Under Secretary of Commerce for Intellectual
Property and Deputy Director of the United States Patent and
Trademark Office who shall be vested with the authority to act
in the capacity of the Director in the event of the absence or
incapacity of the Director. The Deputy Director shall be a
citizen of the United States who has a professional background
and experience in patent or trademark law.
``(2) Commissioners.--
``(A) Appointment and duties.--The Secretary of
Commerce shall appoint a Commissioner for Patents and a
Commissioner for Trademarks, without regard to chapter
33, 51, or 53 of title 5, United States Code. The
Commissioner for Patents shall be a citizen of the
United States with demonstrated management ability and
professional background and experience in patent law and
serve for a term of 5 years. The Commissioner for
Trademarks shall be a citizen of the United States with
demonstrated management ability and professional
background and experience in trademark law and serve for
a term of 5 years. The Commissioner for Patents and the
Commissioner for Trademarks shall serve as the chief
operating officers for the operations of the Office
relating to patents and trademarks, respectively, and
shall be responsible for the management and direction of
all aspects of the activities of the Office that affect
the administration of patent and trademark operations,
respectively. The Secretary may reappoint a Commissioner
to subsequent terms of 5 years as long as the
performance of the Commissioner as set forth in the
performance agreement in subparagraph (B) is
satisfactory.
``(B) Salary and performance agreement.--The
Commissioners shall be paid an annual rate of basic pay
not to exceed the maximum rate of basic pay for the
Senior Executive Service established under section 5382
of title 5, United States Code, including any applicable
locality-based comparability payment that may be
authorized under section 5304(h)(2)(C) of title 5,
United States Code. The compensation of the
Commissioners shall be considered, for purposes of
section 207(c)(2)(A) of title 18, United States Code, to
be the equivalent of that described under clause (ii) of
section 207(c)(2)(A) of title 18, United States Code. In
addition, the Commissioners may receive a bonus in an
amount of up to, but not in excess of, 50 percent of the
Commissioners' annual rate of basic pay, based upon an
evaluation by the Secretary of Commerce, acting through
the Director, of the Commissioners' performance as
defined in an annual performance agreement between the
Commissioners and the Secretary. The annual performance
agreements shall incorporate measurable organization
[[Page 113 STAT. 1501A-577]]
and individual goals in key operational areas as
delineated in an annual performance plan agreed to by
the Commissioners and the Secretary. Payment of a bonus
under this subparagraph may be made to the Commissioners
only to the extent that such payment does not cause the
Commissioners' total aggregate compensation in a
calendar year to equal or exceed the amount of the
salary of the Vice President under section 104 of title
3, United States Code.
``(C) Removal.--The Commissioners may be removed
from office by the Secretary for misconduct or
nonsatisfactory performance under the performance
agreement described in subparagraph (B), without regard
to the provisions of title 5, United States Code. The
Secretary shall provide notification of any such removal
to both Houses of Congress.
``(3) Other officers and employees.--The Director shall--
``(A) appoint such officers, employees (including
attorneys), and agents of the Office as the Director
considers necessary to carry out the functions of the
Office; and
``(B) define the title, authority, and duties of
such officers and employees and delegate to them such of
the powers vested in the Office as the Director may
determine.
The Office shall not be subject to any administratively or
statutorily imposed limitation on positions or personnel, and no
positions or personnel of the Office shall be taken into account
for purposes of applying any such limitation.
``(4) Training of examiners.--The Office shall submit to the
Congress a proposal to provide an incentive program to retain as
employees patent and trademark examiners of the primary examiner
grade or higher who are eligible for retirement, for the sole
purpose of training patent and trademark examiners.
``(5) National security positions.--The Director, in
consultation with the Director of the Office of Personnel
Management, shall maintain a program for identifying national
security positions and providing for appropriate security
clearances, in order to maintain the secrecy of certain
inventions, as described in section 181, and to prevent
disclosure of sensitive and strategic information in the
interest of national security.
``(c) Continued Applicability of Title 5, United States Code.--
Officers and employees of the Office shall be subject to the provisions
of title 5, United States Code, relating to Federal employees.
``(d) Adoption of Existing Labor Agreements.--The Office shall adopt
all labor agreements which are in effect, as of the day before the
effective date of the Patent and Trademark Office Efficiency Act, with
respect to such Office (as then in effect).
``(e) Carryover of Personnel.--
``(1) From pto.--Effective as of the effective date of the
Patent and Trademark Office Efficiency Act, all officers and
employees of the Patent and Trademark Office on the day before
such effective date shall become officers and employees of the
Office, without a break in service.
``(2) Other personnel.--Any individual who, on the day
before the effective date of the Patent and Trademark Office
[[Page 113 STAT. 1501A-578]]
Efficiency Act, is an officer or employee of the Department of
Commerce (other than an officer or employee under paragraph (1))
shall be transferred to the Office, as necessary to carry out
the purposes of this Act, if--
``(A) such individual serves in a position for which
a major function is the performance of work reimbursed
by the Patent and Trademark Office, as determined by the
Secretary of Commerce;
``(B) such individual serves in a position that
performed work in support of the Patent and Trademark
Office during at least half of the incumbent's work
time, as determined by the Secretary of Commerce; or
``(C) such transfer would be in the interest of the
Office, as determined by the Secretary of Commerce in
consultation with the Director.
Any transfer under this paragraph shall be effective as of the
same effective date as referred to in paragraph (1), and shall
be made without a break in service.
``(f ) Transition Provisions.--
``(1) Interim appointment of director.--On or after the
effective date of the Patent and Trademark Office Efficiency
Act, the President shall appoint an individual to serve as the
Director until the date on which a Director qualifies under
subsection (a). The President shall not make more than one such
appointment under this subsection.
``(2) Continuation in office of certain officers.--(A) The
individual serving as the Assistant Commissioner for Patents on
the day before the effective date of the Patent and Trademark
Office Efficiency Act may serve as the Commissioner for Patents
until the date on which a Commissioner for Patents is appointed
under subsection (b).
``(B) The individual serving as the Assistant Commissioner
for Trademarks on the day before the effective date of the
Patent and Trademark Office Efficiency Act may serve as the
Commissioner for Trademarks until the date on which a
Commissioner for Trademarks is appointed under subsection
(b).''.
SEC. 4714. PUBLIC ADVISORY COMMITTEES.
Chapter 1 of part I of title 35, United States Code, is amended by
inserting after section 4 the following:
``Sec. 5. Patent and Trademark Office Public Advisory Committees
``(a) Establishment of Public Advisory Committees.--
``(1) Appointment.--The United States Patent and Trademark
Office shall have a Patent Public Advisory Committee and a
Trademark Public Advisory Committee, each of which shall have
nine voting members who shall be appointed by the Secretary of
Commerce and serve at the pleasure of the Secretary of Commerce.
Members of each Public Advisory Committee shall be appointed for
a term of 3 years, except that of the members first appointed,
three shall be appointed for a term of 1 year, and three shall
be appointed for a term of 2 years. In making appointments to
each Committee, the
[[Page 113 STAT. 1501A-579]]
Secretary of Commerce shall consider the risk of loss of
competitive advantage in international commerce or other harm to
United States companies as a result of such appointments.
``(2) Chair.--The Secretary shall designate a chair of each
Advisory Committee, whose term as chair shall be for 3 years.
``(3) Timing of appointments.--Initial appointments to each
Advisory Committee shall be made within 3 months after the
effective date of the Patent and Trademark Office Efficiency
Act. Vacancies shall be filled within 3 months after they occur.
``(b) Basis for Appointments.--Members of each Advisory Committee--
``(1) shall be citizens of the United States who shall be
chosen so as to represent the interests of diverse users of the
United States Patent and Trademark Office with respect to
patents, in the case of the Patent Public Advisory Committee,
and with respect to trademarks, in the case of the Trademark
Public Advisory Committee;
``(2) shall include members who represent small and large
entity applicants located in the United States in proportion to
the number of applications filed by such applicants, but in no
case shall members who represent small entity patent applicants,
including small business concerns, independent inventors, and
nonprofit organizations, constitute less than 25 percent of the
members of the Patent Public Advisory Committee, and such
members shall include at least one independent inventor; and
``(3) shall include individuals with substantial background
and achievement in finance, management, labor relations,
science, technology, and office automation.
In addition to the voting members, each Advisory Committee shall include
a representative of each labor organization recognized by the United
States Patent and Trademark Office. Such representatives shall be
nonvoting members of the Advisory Committee to which they are appointed.
``(c) Meetings.--Each Advisory Committee shall meet at the call of
the chair to consider an agenda set by the chair.
``(d) Duties.--Each Advisory Committee shall--
``(1) review the policies, goals, performance, budget, and
user fees of the United States Patent and Trademark Office with
respect to patents, in the case of the Patent Public Advisory
Committee, and with respect to Trademarks, in the case of the
Trademark Public Advisory Committee, and advise the Director on
these matters;
``(2) within 60 days after the end of each fiscal year--
``(A) prepare an annual report on the matters
referred to in paragraph (1);
``(B) transmit the report to the Secretary of
Commerce, the President, and the Committees on the
Judiciary of the Senate and the House of
Representatives; and
``(C) publish the report in the Official Gazette of
the United States Patent and Trademark Office.
``(e) Compensation.--Each member of each Advisory Committee shall be
compensated for each day (including travel time) during which such
member is attending meetings or conferences of that Advisory Committee
or otherwise engaged in the business of that Advisory Committee, at the
rate which is the daily equivalent of the annual rate of basic pay in
effect for level III of the
[[Page 113 STAT. 1501A-580]]
Executive Schedule under section 5314 of title 5, United States Code.
While away from such member's home or regular place of business such
member shall be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United States
Code.
``(f ) Access to Information.--Members of each Advisory Committee
shall be provided access to records and information in the United States
Patent and Trademark Office, except for personnel or other privileged
information and information concerning patent applications required to
be kept in confidence by section 122.
``(g) Applicability of Certain Ethics Laws.--Members of each
Advisory Committee shall be special Government employees within the
meaning of section 202 of title 18, United States Code.
``(h) Inapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to each
Advisory Committee.
``(i) Open Meetings.--The meetings of each Advisory Committee shall
be open to the public, except that each Advisory Committee may by
majority vote meet in executive session when considering personnel or
other confidential information.''.
SEC. 4715. CONFORMING AMENDMENTS.
(a) Duties.--Chapter 1 of title 35, United States Code, is amended
by striking section 6.
(b) Regulations for Agents and Attorneys.--Section 31 of title 35,
United States Code, and the item relating to such section in the table
of sections for chapter 3 of title 35, United States Code, are repealed.
(c) Suspension or Exclusion From Practice.--Section 32 of title 35,
United States Code, is amended by striking ``31'' and inserting
``2(b)(2)(D)''.
SEC. 4716. TRADEMARK TRIAL AND APPEAL BOARD.
Section 17 of the Act of July 5, 1946 (commonly referred to as the
``Trademark Act of 1946'') (15 U.S.C. 1067) is amended to read as
follows:
``Sec. 17. (a) In every case of interference, opposition to
registration, application to register as a lawful concurrent user, or
application to cancel the registration of a mark, the Director shall
give notice to all parties and shall direct a Trademark Trial and Appeal
Board to determine and decide the respective rights of registration.
``(b) The Trademark Trial and Appeal Board shall include the
Director, the Commissioner for Patents, the Commissioner for Trademarks,
and administrative trademark judges who are appointed by the
Director.''.
SEC. 4717. BOARD OF PATENT APPEALS AND INTERFERENCES.
Chapter 1 of title 35, United States Code, is amended--
(1) by striking section 7 and redesignating sections 8
through 14 as sections 7 through 13, respectively; and
(2) by inserting after section 5 the following:
``Sec. 6. Board of Patent Appeals and Interferences
``(a) Establishment and Composition.--There shall be in the United
States Patent and Trademark Office a Board of Patent Appeals and
Interferences. The Director, the Commissioner for Patents, the
Commissioner for Trademarks, and the administrative patent judges shall
constitute the Board. The administrative patent
[[Page 113 STAT. 1501A-581]]
judges shall be persons of competent legal knowledge and scientific
ability who are appointed by the Director.
``(b) Duties.--The Board of Patent Appeals and Interferences shall,
on written appeal of an applicant, review adverse decisions of examiners
upon applications for patents and shall determine priority and
patentability of invention in interferences declared under section
135(a). Each appeal and interference shall be heard by at least three
members of the Board, who shall be designated by the Director. Only the
Board of Patent Appeals and Interferences may grant rehearings.''.
SEC. 4718. ANNUAL REPORT OF DIRECTOR.
Section 13 of title 35, United States Code, as redesignated by
section 4717 of this subtitle, is amended to read as follows:
``Sec. 13. Annual report to Congress
``The Director shall report to the Congress, not later than 180 days
after the end of each fiscal year, the moneys received and expended by
the Office, the purposes for which the moneys were spent, the quality
and quantity of the work of the Office, the nature of training provided
to examiners, the evaluation of the Commissioner of Patents and the
Commissioner of Trademarks by the Secretary of Commerce, the
compensation of the Commissioners, and other information relating to the
Office.''.
SEC. 4719. SUSPENSION OR EXCLUSION FROM PRACTICE.
Section 32 of title 35, United States Code, is amended by inserting
before the last sentence the following: ``The Director shall have the
discretion to designate any attorney who is an officer or employee of
the United States Patent and Trademark Office to conduct the hearing
required by this section.''.
SEC. 4720. PAY OF DIRECTOR AND DEPUTY DIRECTOR.
(a) Pay of Director.--Section 5314 of title 5, United States Code,
is amended by striking:
``Assistant Secretary of Commerce and Commissioner of
Patents and Trademarks.''.
and inserting:
``Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office.''.
(b) Pay of Deputy Director.--Section 5315 of title 5, United States
Code, is amended by adding at the end the following:
``Deputy Under Secretary of Commerce for Intellectual
Property and Deputy Director of the United States Patent and
Trademark Office.''.
CHAPTER 2--EFFECTIVE DATE; TECHNICAL AMENDMENTS
SEC. 4731. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle shall take
effect 4 months after the date of the enactment of this Act.
SEC. 4732. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Amendments to Title 35, United States Code.--
[[Page 113 STAT. 1501A-582]]
(1) The item relating to part I in the table of parts for
chapter 35, United States Code, is amended to read as follows:
``I. United States Patent and Trademark Office.................... 1''.
(2) The heading for part I of title 35, United States Code,
is amended to read as follows:
``PART I--UNITED STATES PATENT AND TRADEMARK OFFICE''.
(3) The table of chapters for part I of title 35, United
States Code, is amended by amending the item relating to chapter
1 to read as follows:
``1. Establishment, Officers and Employees, Functions............. 1''.
(4) The table of sections for chapter 1 of title 35, United
States Code, is amended to read as follows:
``CHAPTER 1--ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS
``Sec.
`` 1. Establishment.
`` 2. Powers and duties.
`` 3. Officers and employees.
`` 4. Restrictions on officers and employees as to interest in patents.
`` 5. Patent and Trademark Office Public Advisory Committees.
`` 6. Board of Patent Appeals and Interferences.
`` 7. Library.
`` 8. Classification of patents.
`` 9. Certified copies of records.
``10. Publications.
``11. Exchange of copies of patents and applications with foreign
countries.
``12. Copies of patents and applications for public libraries.
``13. Annual report to Congress.''.
(5) Section 41(h) of title 35, United States Code, is
amended by striking ``Commissioner of Patents and Trademarks''
and inserting ``Director''.
(6) Section 155 of title 35, United States Code, is amended
by striking ``Commissioner of Patents and Trademarks'' and
inserting ``Director''.
(7) Section 155A(c) of title 35, United States Code, is
amended by striking ``Commissioner of Patents and Trademarks''
and inserting ``Director''.
(8) Section 302 of title 35, United States Code, is amended
by striking ``Commissioner of Patents'' and inserting
``Director''.
(9)(A) Section 303 of title 35, United States Code, is
amended--
(i) in the section heading by striking
``Commissioner'' and inserting ``Director''; and
(ii) by striking ``Commissioner's'' and inserting
``Director's''.
(B) The item relating to section 303 in the table of
sections for chapter 30 of title 35, United States Code, is
amended by striking ``Commissioner'' and inserting ``Director''.
(10)(A) Except as provided in subparagraph (B), title 35,
United States Code, is amended by striking ``Commissioner'' each
place it appears and inserting ``Director''.
(B) Chapter 17 of title 35, United States Code, is amended
by striking ``Commissioner'' each place it appears and inserting
``Commissioner of Patents''.
[[Page 113 STAT. 1501A-583]]
(11) Section 157(d) of title 35, United States Code, is
amended by striking ``Secretary of Commerce'' and inserting
``Director''.
(12) Section 202(a) of title 35, United States Code, is
amended--
(A) by striking ``iv)'' and inserting ``(iv)''; and
(B) by striking the second period after ``Department
of Energy'' at the end of the first sentence.
(b) Other Provisions of Law.--
(1)(A) Section 45 of the Act of July 5, 1946 (commonly
referred to as the ``Trademark Act of 1946''; 15 U.S.C. 1127),
is amended by striking ``The term `Commissioner' means the
Commissioner of Patents and Trademarks.'' and inserting ``The
term `Director' means the Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent
and Trademark Office.''.
(B) The Act of July 5, 1946 (commonly referred to as the
``Trademark Act of 1946''; 15 U.S.C. 1051 et seq.), except for
section 17, as amended by 4716 of this subtitle, is amended by
striking ``Commissioner'' each place it appears and inserting
``Director''.
(C) Sections 8(e) and 9(b) of the Trademark Act of 1946 are
each amended by striking ``Commissioner'' and inserting
``Director''.
(2) Section 500(e) of title 5, United States Code, is
amended by striking ``Patent Office'' and inserting ``United
States Patent and Trademark Office''.
(3) Section 5102(c)(23) of title 5, United States Code, is
amended to read as follows:
``(23) administrative patent judges and designated
administrative patent judges in the United States Patent and
Trademark Office;''.
(4) Section 5316 of title 5, United States Code (5 U.S.C.
5316) is amended by striking ``Commissioner of Patents,
Department of Commerce.'', ``Deputy Commissioner of Patents and
Trademarks.'', ``Assistant Commissioner for Patents.'', and
``Assistant Commissioner for Trademarks.''.
(5) Section 9(p)(1)(B) of the Small Business Act (15 U.S.C.
638(p)(1)(B)) is amended to read as follows:
``(B) the Under Secretary of Commerce for
Intellectual Property and Director of the United States
Patent and Trademark Office; and''.
(6) Section 12 of the Act of February 14, 1903 (15 U.S.C.
1511) is amended--
(A) by striking ``(d) Patent and Trademark Office;''
and inserting:
``(4) United States Patent and Trademark Office''; and
(B) by redesignating subsections (a), (b), (c), (e),
(f ), and (g) as paragraphs (1), (2), (3), (5), (6), and
(7), respectively and indenting the paragraphs as so
redesignated 2 ems to the right.
(7) Section 19 of the Tennessee Valley Authority Act of 1933
(16 U.S.C. 831r) is amended--
(A) by striking ``Patent Office of the United
States'' and inserting ``United States Patent and
Trademark Office''; and
[[Page 113 STAT. 1501A-584]]
(B) by striking ``Commissioner of Patents'' and
inserting ``Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent and
Trademark Office''.
(8) Section 182(b)(2)(A) of the Trade Act of 1974 (19 U.S.C.
2242(b)(2)(A)) is amended by striking ``Commissioner of Patents
and Trademarks'' and inserting ``Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent
and Trademark Office''.
(9) Section 302(b)(2)(D) of the Trade Act of 1974 (19 U.S.C.
2412(b)(2)(D)) is amended by striking ``Commissioner of Patents
and Trademarks'' and inserting ``Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent
and Trademark Office''.
(10) The Act of April 12, 1892 (27 Stat. 395; 20 U.S.C. 91)
is amended by striking ``Patent Office'' and inserting ``United
States Patent and Trademark Office''.
(11) Sections 505(m) and 512(o) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(m) and 360b(o)) are each amended
by striking ``Patent and Trademark Office of the Department of
Commerce'' and inserting ``United States Patent and Trademark
Office''.
(12) Section 702(d) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 372(d)) is amended by striking ``Commissioner of
Patents'' and inserting ``Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent
and Trademark Office'' and by striking ``Commissioner'' and
inserting ``Director''.
(13) Section 105(e) of the Federal Alcohol Administration
Act (27 U.S.C. 205(e)) is amended by striking ``United States
Patent Office'' and inserting ``United States Patent and
Trademark Office''.
(14) Section 1295(a)(4) of title 28, United States Code, is
amended--
(A) in subparagraph (A) by inserting ``United
States'' before ``Patent and Trademark''; and
(B) in subparagraph (B) by striking ``Commissioner
of Patents and Trademarks'' and inserting ``Under
Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark
Office''.
(15) Chapter 115 of title 28, United States Code, is
amended--
(A) in the item relating to section 1744 in the
table of sections by striking ``Patent Office'' and
inserting ``United States Patent and Trademark Office'';
(B) in section 1744--
(i) by striking ``Patent Office'' each place
it appears in the text and section heading and
inserting ``United States Patent and Trademark
Office''; and
(ii) by striking ``Commissioner of Patents''
and inserting ``Under Secretary of Commerce for
Intellectual Property and Director of the United
States Patent and Trademark Office''; and
(C) by striking ``Commissioner'' and inserting
``Director''.
[[Page 113 STAT. 1501A-585]]
(16) Section 1745 of title 28, United States Code, is
amended by striking ``United States Patent Office'' and
inserting ``United States Patent and Trademark Office''.
(17) Section 1928 of title 28, United States Code, is
amended by striking ``Patent Office'' and inserting ``United
States Patent and Trademark Office''.
(18) Section 151 of the Atomic Energy Act of 1954 (42 U.S.C.
2181) is amended in subsections c. and d. by striking
``Commissioner of Patents'' and inserting ``Under Secretary of
Commerce for Intellectual Property and Director of the United
States Patent and Trademark Office''.
(19) Section 152 of the Atomic Energy Act of 1954 (42 U.S.C.
2182) is amended by striking ``Commissioner of Patents'' each
place it appears and inserting ``Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent
and Trademark Office''.
(20) Section 305 of the National Aeronautics and Space Act
of 1958 (42 U.S.C. 2457) is amended--
(A) in subsection (c) by striking ``Commissioner of
Patents'' and inserting ``Under Secretary of Commerce
for Intellectual Property and Director of the United
States Patent and Trademark Office (hereafter in this
section referred to as the `Director')''; and
(B) by striking ``Commissioner'' each subsequent
place it appears and inserting ``Director''.
(21) Section 12(a) of the Solar Heating and Cooling
Demonstration Act of 1974 (42 U.S.C. 5510(a)) is amended by
striking ``Commissioner of the Patent Office'' and inserting
``Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office''.
(22) Section 1111 of title 44, United States Code, is
amended by striking ``the Commissioner of Patents,''.
(23) Section 1114 of title 44, United States Code, is
amended by striking ``the Commissioner of Patents,''.
(24) Section 1123 of title 44, United States Code, is
amended by striking ``the Patent Office,''.
(25) Sections 1337 and 1338 of title 44, United States Code,
and the items relating to those sections in the table of
contents for chapter 13 of such title, are repealed.
(26) Section 10(i) of the Trading with the Enemy Act (50
U.S.C. App. 10(i)) is amended by striking ``Commissioner of
Patents'' and inserting ``Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent
and Trademark Office''.
CHAPTER 3--MISCELLANEOUS PROVISIONS
SEC. 4741. REFERENCES.
(a) In General.--Any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or pertaining to a department or office from which a function is
transferred by this subtitle--
(1) to the head of such department or office is deemed to
refer to the head of the department or office to which such
function is transferred; or
(2) to such department or office is deemed to refer to the
department or office to which such function is transferred.
[[Page 113 STAT. 1501A-586]]
(b) Specific References.--Any reference in any other Federal law,
Executive order, rule, regulation, or delegation of authority, or any
document of or pertaining to the Patent and Trademark Office--
(1) to the Commissioner of Patents and Trademarks is deemed
to refer to the Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent and Trademark
Office;
(2) to the Assistant Commissioner for Patents is deemed to
refer to the Commissioner for Patents; or
(3) to the Assistant Commissioner for Trademarks is deemed
to refer to the Commissioner for Trademarks.
SEC. 4742. EXERCISE OF AUTHORITIES.
Except as otherwise provided by law, a Federal official to whom a
function is transferred by this subtitle may, for purposes of performing
the function, exercise all authorities under any other provision of law
that were available with respect to the performance of that function to
the official responsible for the performance of the function immediately
before the effective date of the transfer of the function under this
subtitle.
SEC. 4743. SAVINGS PROVISIONS.
(a) Legal Documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, agreements,
certificates, licenses, and privileges--
(1) that have been issued, made, granted, or allowed to
become effective by the President, the Secretary of Commerce,
any officer or employee of any office transferred by this
subtitle, or any other Government official, or by a court of
competent jurisdiction, in the performance of any function that
is transferred by this subtitle; and
(2) that are in effect on the effective date of such
transfer (or become effective after such date pursuant to their
terms as in effect on such effective date), shall continue in
effect according to their terms until modified, terminated,
superseded, set aside, or revoked in accordance with law by the
President, any other authorized official, a court of competent
jurisdiction, or operation of law.
(b) Proceedings.--This subtitle shall not affect any proceedings or
any application for any benefits, service, license, permit, certificate,
or financial assistance pending on the effective date of this subtitle
before an office transferred by this subtitle, but such proceedings and
applications shall be continued. Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and payments shall be
made pursuant to such orders, as if this subtitle had not been enacted,
and orders issued in any such proceeding shall continue in effect until
modified, terminated, superseded, or revoked by a duly authorized
official, by a court of competent jurisdiction, or by operation of law.
Nothing in this subsection shall be considered to prohibit the
discontinuance or modification of any such proceeding under the same
terms and conditions and to the same extent that such proceeding could
have been discontinued or modified if this subtitle had not been
enacted.
(c) Suits.--This subtitle shall not affect suits commenced before
the effective date of this subtitle, and in all such suits, proceedings
shall be had, appeals taken, and judgments rendered in the same
[[Page 113 STAT. 1501A-587]]
manner and with the same effect as if this subtitle had not been
enacted.
(d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against the Department of Commerce or the Secretary of
Commerce, or by or against any individual in the official capacity of
such individual as an officer or employee of an office transferred by
this subtitle, shall abate by reason of the enactment of this subtitle.
(e) Continuance of Suits.--If any Government officer in the official
capacity of such officer is party to a suit with respect to a function
of the officer, and under this subtitle such function is transferred to
any other officer or office, then such suit shall be continued with the
other officer or the head of such other office, as applicable,
substituted or added as a party.
(f ) Administrative Procedure and Judicial Review.--Except as
otherwise provided by this subtitle, any statutory requirements relating
to notice, hearings, action upon the record, or administrative or
judicial review that apply to any function transferred by this subtitle
shall apply to the exercise of such function by the head of the Federal
agency, and other officers of the agency, to which such function is
transferred by this subtitle.
SEC. 4744. TRANSFER OF ASSETS.
Except as otherwise provided in this subtitle, so much of the
personnel, property, records, and unexpended balances of appropriations,
allocations, and other funds employed, used, held, available, or to be
made available in connection with a function transferred to an official
or agency by this subtitle shall be available to the official or the
head of that agency, respectively, at such time or times as the Director
of the Office of Management and Budget directs for use in connection
with the functions transferred.
SEC. 4745. DELEGATION AND ASSIGNMENT.
Except as otherwise expressly prohibited by law or otherwise
provided in this subtitle, an official to whom functions are transferred
under this subtitle (including the head of any office to which functions
are transferred under this subtitle) may delegate any of the functions
so transferred to such officers and employees of the office of the
official as the official may designate, and may authorize successive
redelegations of such functions as may be necessary or appropriate. No
delegation of functions under this section or under any other provision
of this subtitle shall relieve the official to whom a function is
transferred under this subtitle of responsibility for the administration
of the function.
SEC. 4746. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND
BUDGET WITH RESPECT TO FUNCTIONS
TRANSFERRED.
(a) Determinations.--If necessary, the Director of the Office of
Management and Budget shall make any determination of the functions that
are transferred under this subtitle.
(b) Incidental Transfers.--The Director of the Office of Management
and Budget, at such time or times as the Director shall provide, may
make such determinations as may be necessary with regard to the
functions transferred by this subtitle, and to make such additional
incidental dispositions of personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds
[[Page 113 STAT. 1501A-588]]
held, used, arising from, available to, or to be made available in
connection with such functions, as may be necessary to carry out the
provisions of this subtitle. The Director shall provide for the
termination of the affairs of all entities terminated by this subtitle
and for such further measures and dispositions as may be necessary to
effectuate the purposes of this subtitle.
SEC. 4747. CERTAIN VESTING OF FUNCTIONS CONSIDERED TRANSFERS.
For purposes of this subtitle, the vesting of a function in a
department or office pursuant to reestablishment of an office shall be
considered to be the transfer of the function.
SEC. 4748. AVAILABILITY OF EXISTING FUNDS.
Existing appropriations and funds available for the performance of
functions, programs, and activities terminated pursuant to this subtitle
shall remain available, for the duration of their period of
availability, for necessary expenses in connection with the termination
and resolution of such functions, programs, and activities, subject to
the submission of a plan to the Committees on Appropriations of the
House and Senate in accordance with the procedures set forth in section
605 of the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1999, as contained in Public
Law 105-277.
SEC. 4749. DEFINITIONS.
For purposes of this subtitle--
(1) the term ``function'' includes any duty, obligation,
power, authority, responsibility, right, privilege, activity, or
program; and
(2) the term ``office'' includes any office, administration,
agency, bureau, institute, council, unit, organizational entity,
or component thereof.
Subtitle H--Miscellaneous Patent Provisions
SEC. 4801. PROVISIONAL APPLICATIONS.
(a) Abandonment.--Section 111(b)(5) of title 35, United States Code,
is amended to read as follows:
``(5) Abandonment.--Notwithstanding the absence of a claim,
upon timely request and as prescribed by the Director, a
provisional application may be treated as an application filed
under subsection (a). Subject to section 119(e)(3) of this
title, if no such request is made, the provisional application
shall be regarded as abandoned 12 months after the filing date
of such application and shall not be subject to revival after
such 12-month period.''.
(b) Technical Amendment Relating to Weekends and Holidays.--Section
119(e) of title 35, United States Code, is amended by adding at the end
the following:
``(3) If the day that is 12 months after the filing date of
a provisional application falls on a Saturday, Sunday, or
Federal holiday within the District of Columbia, the period of
pendency of the provisional application shall be extended to the
next succeeding secular or business day.''.
[[Page 113 STAT. 1501A-589]]
(c) Elimination of Copendency Requirement.--Section 119(e)(2) of
title 35, United States Code, is amended by striking ``and the
provisional application was pending on the filing date of the
application for patent under section 111(a) or section 363 of this
title''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to any
provisional application filed on or after June 8, 1995, except that the
amendments made by subsections (b) and (c) shall have no effect with
respect to any patent which is the subject of litigation in an action
commenced before such date of enactment.
SEC. 4802. INTERNATIONAL APPLICATIONS.
Section 119 of title 35, United States Code, is amended as follows:
(1) In subsection (a), insert ``or in a WTO member
country,'' after ``or citizens of the United States,''.
(2) At the end of section 119 add the following new
subsections:
``(f ) Applications for plant breeder's rights filed in a WTO member
country (or in a foreign UPOV Contracting Party) shall have the same
effect for the purpose of the right of priority under subsections (a)
through (c) of this section as applications for patents, subject to the
same conditions and requirements of this section as apply to
applications for patents.
``(g) As used in this section--
``(1) the term `WTO member country' has the same meaning as
the term is defined in section 104(b)(2) of this title; and
``(2) the term `UPOV Contracting Party' means a member of
the International Convention for the Protection of New Varieties
of Plants.''.
SEC. 4803. CERTAIN LIMITATIONS ON DAMAGES FOR PATENT INFRINGEMENT
NOT APPLICABLE.
Section 287(c)(4) of title 35, United States Code, is amended by
striking ``before the date of enactment of this subsection'' and
inserting ``based on an application the earliest effective filing date
of which is prior to September 30, 1996''.
SEC. 4804. ELECTRONIC FILING AND PUBLICATIONS.
(a) Printing of Papers Filed.--Section 22 of title 35, United States
Code, is amended by striking ``printed or typewritten'' and inserting
``printed, typewritten, or on an electronic medium''.
(b) Publications.--Section 11(a) of title 35, United States Code, is
amended by amending the matter preceding paragraph 1 to read as follows:
``(a) The Director may publish in printed, typewritten, or
electronic form, the following:''.
(c) Copies of Patents for Public Libraries.--Section 13 of title 35,
United States Code, is amended by striking ``printed copies of
specifications and drawings of patents'' and inserting ``copies of
specifications and drawings of patents in printed or electronic form''.
(d) Maintenance of Collections.--
(1) Electronic collections.--Section 41(i)(1) of title 35,
United States Code, is amended by striking ``paper or
microform'' and inserting ``paper, microform, or electronic''.
[[Page 113 STAT. 1501A-590]]
(2) Continuation of maintenance.--The Under Secretary of
Commerce for Intellectual Property and Director of the United
States Patent and Trademark Office shall not, pursuant to the
amendment made by paragraph (1), cease to maintain, for use by
the public, paper or microform collections of United States
patents, foreign patent documents, and United States trademark
registrations, except pursuant to notice and opportunity for
public comment and except that the Director shall first submit a
report to the Committees on the Judiciary of the Senate and the
House of Representatives detailing such plan, including a
description of the mechanisms in place to ensure the integrity
of such collections and the data contained therein, as well as
to ensure prompt public access to the most current available
information, and certifying that the implementation of such plan
will not negatively impact the public.
SEC. 4805. STUDY AND REPORT ON BIOLOGICAL DEPOSITS IN SUPPORT OF
BIOTECHNOLOGY PATENTS.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, the Comptroller General of the United States, in
consultation with the Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent and Trademark Office,
shall conduct a study and submit a report to Congress on the potential
risks to the United States biotechnology industry relating to biological
deposits in support of biotechnology patents.
(b) Contents.--The study conducted under this section shall
include--
(1) an examination of the risk of export and the risk of
transfers to third parties of biological deposits, and the risks
posed by the change to 18-month publication requirements made by
this subtitle;
(2) an analysis of comparative legal and regulatory regimes;
and
(3) any related recommendations.
(c) Consideration of Report.--In drafting regulations affecting
biological deposits (including any modification of title 37, Code of
Federal Regulations, section 1.801 et seq.), the United States Patent
and Trademark Office shall consider the recommendations of the study
conducted under this section.
SEC. 4806. PRIOR INVENTION.
Section 102(g) of title 35, United States Code, is amended to read
as follows:
``(g)(1) during the course of an interference conducted under
section 135 or section 291, another inventor involved therein
establishes, to the extent permitted in section 104, that before such
person's invention thereof the invention was made by such other inventor
and not abandoned, suppressed, or concealed, or (2) before such person's
invention thereof, the invention was made in this country by another
inventor who had not abandoned, suppressed, or concealed it. In
determining priority of invention under this subsection, there shall be
considered not only the respective dates of conception and reduction to
practice of the invention, but also the reasonable diligence of one who
was first to conceive and last to reduce to practice, from a time prior
to conception by the other.''.
[[Page 113 STAT. 1501A-591]]
SEC. 4807. PRIOR ART EXCLUSION FOR CERTAIN COMMONLY ASSIGNED
PATENTS.
(a) Prior Art Exclusion.--Section 103(c) of title 35, United States
Code, is amended by striking ``subsection (f ) or (g)'' and inserting
``one or more of subsections (e), (f ), and (g)''.
(b) Effective Date.--The amendment made by this section shall apply
to any application for patent filed on or after the date of the
enactment of this Act.
SEC. 4808. EXCHANGE OF COPIES OF PATENTS WITH FOREIGN COUNTRIES.
Section 12 of title 35, United States Code, is amended by adding at
the end the following: ``The Director shall not enter into an agreement
to provide such copies of specifications and drawings of United States
patents and applications to a foreign country, other than a NAFTA
country or a WTO member country, without the express authorization of
the Secretary of Commerce. For purposes of this section, the terms
`NAFTA country' and `WTO member country' have the meanings given those
terms in section 104(b).''.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 5001. COMMISSION ON ONLINE CHILD PROTECTION.
(a) References.--Wherever in this section an amendment is expressed
in terms of an amendment to any provision, the reference shall be
considered to be made to such provision of section 1405 of the Child
Online Protection Act (47 U.S.C. 231 note).
(b) Membership.--Subsection (b) is amended--
(1) by striking paragraph (1) and inserting the following
new paragraph:
``(1) Industry members.--The Commission shall include 16
members who shall consist of representatives of--
``(A) providers of Internet filtering or blocking
services or software;
``(B) Internet access services;
``(C) labeling or ratings services;
``(D) Internet portal or search services;
``(E) domain name registration services;
``(F) academic experts; and
``(G) providers that make content available over the
Internet.
Of the members of the Commission by reason of this paragraph, an
equal number shall be appointed by the Speaker of the House of
Representatives and by the Majority Leader of the Senate.
Members of the Commission appointed on or before October 31,
1999, shall remain members.''; and
(2) by adding at the end the following new paragraph:
``(3) Prohibition of pay.--Members of the Commission shall
not receive any pay by reason of their membership on the
Commission.''.
(c) Extension of Reporting Deadline.--The matter in subsection (d)
that precedes paragraph (1) is amended by striking ``1 year'' and
inserting ``2 years''.
[[Page 113 STAT. 1501A-592]]
(d) Termination.--Subsection (f ) is amended by inserting before the
period at the end the following: ``or November 30, 2000, whichever
occurs earlier''.
(e) First Meeting and Chairperson.--Section 1405 is amended--
(1) by striking subsection (e);
(2) by redesignating subsections (f ) (as amended by the
preceding provisions of this section) and (g) as subsections (l)
and (m), respectively;
(3) by redesignating subsections (c) and (d) (as amended by
the preceding provisions of this section) as subsections (e) and
(f ), respectively; and
(4) by inserting after subsection (b) the following new
subsections:
``(c) First Meeting.--The Commission shall hold its first meeting
not later than March 31, 2000.
``(d) Chairperson.--The chairperson of the Commission shall be
elected by a vote of a majority of the members, which shall take place
not later than 30 days after the first meeting of the Commission.''.
(f ) Rules of the Commission.--Section 1405 is amended by inserting
after subsection (f ) (as so redesignated by subsection (e)(3) of this
section) the following new subsection:
``(g) Rules of the Commission.--
``(1) Quorum.--Nine members of the Commission shall
constitute a quorum for conducting the business of the
Commission.
``(2) Meetings.--Any meetings held by the Commission shall
be duly noticed at least 14 days in advance and shall be open to
the public.
``(3) Opportunities to testify.--The Commission shall
provide opportunities for representatives of the general public
to testify.
``(4) Additional rules.--The Commission may adopt other
rules as necessary to carry out this section.''.
SEC. 5002. PRIVACY PROTECTION FOR DONORS TO PUBLIC BROADCASTING
ENTITIES.
(a) Amendment.--Section 396(k) of the Communications Act of 1934 (47
U.S.C. 396(k)) is amended by adding at the end the following new
paragraph:
``(12) Funds may not be distributed under this subsection to any
public broadcasting entity that directly or indirectly--
``(A) rents contributor or donor names (or other personally
identifiable information) to or from, or exchanges such names or
information with, any Federal, State, or local candidate,
political party, or political committee; or
``(B) discloses contributor or donor names, or other
personally identifiable information, to any nonaffiliated third
party unless--
``(i) such entity clearly and conspicuously
discloses to the contributor or donor that such
information may be disclosed to such third party;
``(ii) the contributor or donor is given the
opportunity, before the time that such information is
initially disclosed, to direct that such information not
be disclosed to such third party; and
[[Page 113 STAT. 1501A-593]]
``(iii) the contributor or donor is given an
explanation of how the contributor or donor may exercise
that nondisclosure option.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to funds distributed on or after 6 months after the
date of the enactment of this Act.
SEC. 5003. COMPLETION OF BIENNIAL REGULATORY REVIEW.
Within 180 days after the date of the enactment of this Act, the
Federal Communications Commission shall complete the first biennial
review required by section 202(h) of the Telecommunications Act of 1996
(Public Law 104-104; 110 Stat. 111).
SEC. 5004. PUBLIC BROADCASTING ENTITIES.
(a) Civil Remittance of Damages.--Section 1203(c)(5)(B) of title 17,
United States Code, is amended to read as follows:
``(B) Nonprofit library, archives, educational
institutions, or public broadcasting entities.--
``(i) Definition.--In this subparagraph, the
term `public broadcasting entity' has the meaning
given such term under section 118(g).
``(ii) In general.--In the case of a nonprofit
library, archives, educational institution, or
public broadcasting entity, the court shall remit
damages in any case in which the library,
archives, educational institution, or public
broadcasting entity sustains the burden of
proving, and the court finds, that the library,
archives, educational institution, or public
broadcasting entity was not aware and had no
reason to believe that its acts constituted a
violation.''.
(b) Criminal Offenses and Penalties.--Section 1204(b) of title 17,
United States Code, is amended to read as follows:
``(b) Limitation for Nonprofit Library, Archives, Educational
Institution, or Public Broadcasting Entity.--Subsection (a) shall not
apply to a nonprofit library, archives, educational institution, or
public broadcasting entity (as defined under section 118(g)).''.
SEC. 5005. TECHNICAL AMENDMENTS RELATING TO VESSEL HULL DESIGN
PROTECTION.
(a) In General.--
(1) Section 504(a) of the Digital Millennium Copyright Act
(Public Law 105-304) is amended to read as follows:
``(a) In General.--Not later than November 1, 2003, the Register of
Copyrights and the Commissioner of Patents and Trademarks shall submit
to the Committees on the Judiciary of the Senate and the House of
Representatives a joint report evaluating the effect of the amendments
made by this title.''.
(2) Section 505 of the Digital Millennium Copyright Act is
amended by striking ``and shall remain in effect'' and all that
follows through the end of the section and inserting a period.
(3) Section 1301(b)(3) of title 17, United States Code, is
amended to read as follows:
``(3) A `vessel' is a craft--
``(A) that is designed and capable of independently
steering a course on or through water through its own
means of propulsion; and
[[Page 113 STAT. 1501A-594]]
``(B) that is designed and capable of carrying and
transporting one or more passengers.''.
(4) Section 1313(c) of title 17, United States Code, is
amended by adding at the end the following: ``Costs of the
cancellation procedure under this subsection shall be borne by
the nonprevailing party or parties, and the Administrator shall
have the authority to assess and collect such costs.''.
(b) Tariff Act of 1930.--Section 337 of the Tariff Act of 1930 (19
U.S.C. 1337) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``and
(D)'' and inserting ``(D), and (E)''; and
(ii) by adding at the end the following:
``(E) The importation into the United States, the
sale for importation, or the sale within the United
States after importation by the owner, importer, or
consigner, of an article that constitutes infringement
of the exclusive rights in a design protected under
chapter 13 of title 17, United States Code.''; and
(B) in paragraphs (2) and (3), by striking ``or mask
work'' and inserting ``mask work, or design''; and
(2) in subsection (l), by striking ``or mask work'' each
place it appears and inserting ``mask work, or design''.
SEC. 5006. INFORMAL RULEMAKING OF COPYRIGHT DETERMINATION.
Section 1201(a)(1)(C) of title 17, United States Code, is amended in
the first sentence by striking ``on the record''.
SEC. 5007. SERVICE OF PROCESS FOR SURETY CORPORATIONS.
Section 9306 of title 31, United States Code, is amended--
(1) in subsection (a) by striking all beginning with
``designates a person by written power of attorney'' through the
end of such subsection and inserting the following: ``has a
resident agent for service of process for that district. The
resident agent--
``(1) may be an official of the State, the District of
Columbia, the territory or possession in which the court sits
who is authorized or appointed under the law of the State,
District, territory or possession to receive service of process
on the corporation; or
``(2) may be an individual who resides in the jurisdiction
of the district court for the district in which a surety bond is
to be provided and who is appointed by the corporation as
provided in subsection (b)''; and
(2) in subsection (b) by striking ``The'' and inserting ``If
the surety corporation meets the requirement of subsection (a)
by appointing an individual under subsection (a)(2), the''.
SEC. 5008. LOW-POWER TELEVISION.
(a) Short Title.--This section may be cited as the ``Community
Broadcasters Protection Act of 1999''.
(b) Findings.--Congress finds the following:
(1) Since the creation of low-power television licenses by
the Federal Communications Commission, a small number of license
holders have operated their stations in a manner beneficial to
the public good providing broadcasting to their communities that
would not otherwise be available.
[[Page 113 STAT. 1501A-595]]
(2) These low-power broadcasters have operated their
stations in a manner consistent with the programming objectives
and hours of operation of full-power broadcasters providing
worthwhile services to their respective communities while under
severe license limitations compared to their full-power
counterparts.
(3) License limitations, particularly the temporary nature
of the license, have blocked many low-power broadcasters from
having access to capital, and have severely hampered their
ability to continue to provide quality broadcasting,
programming, or improvements.
(4) The passage of the Telecommunications Act of 1996 has
added to the uncertainty of the future status of these stations
by the lack of specific provisions regarding the permanency of
their licenses, or their treatment during the transition to high
definition, digital television.
(5) It is in the public interest to promote diversity in
television programming such as that currently provided by low-
power television stations to foreign-language communities.
(c) Preservation of Low-Power Community Television Broadcasting.--
Section 336 of the Communications Act of 1934 (47 U.S.C. 336) is
amended--
(1) by redesignating subsections (f ) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection:
``(f ) Preservation of Low-Power Community Television
Broadcasting.--
``(1) Creation of class a licenses.--
``(A) Rulemaking Required.--Within 120 days after
the date of the enactment of the Community Broadcasters
Protection Act of 1999, the Commission shall prescribe
regulations to establish a class A television license to
be available to licensees of qualifying low-power
television stations. Such regulations shall provide
that--
``(i) the license shall be subject to the same
license terms and renewal standards as the
licenses for full-power television stations except
as provided in this subsection; and
``(ii) each such class A licensee shall be
accorded primary status as a television
broadcaster as long as the station continues to
meet the requirements for a qualifying low-power
station in paragraph (2).
``(B) Notice to and certification by licensees.--
Within 30 days after the date of the enactment of the
Community Broadcasters Protection Act of 1999, the
Commission shall send a notice to the licensees of all
low-power television licenses that describes the
requirements for class A designation. Within 60 days
after such date of enactment, licensees intending to
seek class A designation shall submit to the Commission
a certification of eligibility based on the
qualification requirements of this subsection. Absent a
material deficiency, the Commission shall grant
certification of eligibility to apply for class A
status.
``(C) Application for and award of licenses.--
Consistent with the requirements set forth in paragraph
(2)(A)
[[Page 113 STAT. 1501A-596]]
of this subsection, a licensee may submit an application
for class A designation under this paragraph within 30
days after final regulations are adopted under
subparagraph (A) of this paragraph. Except as provided
in paragraphs (6) and (7), the Commission shall, within
30 days after receipt of an application of a licensee of
a qualifying low-power television station that is
acceptable for filing, award such a class A television
station license to such licensee.
``(D) Resolution of technical problems.--The
Commission shall act to preserve the service areas of
low-power television licensees pending the final
resolution of a class A application. If, after granting
certification of eligibility for a class A license,
technical problems arise requiring an engineering
solution to a full-power station's allotted parameters
or channel assignment in the digital television Table of
Allotments, the Commission shall make such modifications
as necessary--
``(i) to ensure replication of the full-power
digital television applicant's service area, as
provided for in sections 73.622 and 73.623 of the
Commission's regulations (47 CFR 73.622, 73.623);
and
``(ii) to permit maximization of a full-power
digital television applicant's service area
consistent with such sections 73.622 and 73.623,
if such applicant has filed an application for
maximization or a notice of its intent to seek such
maximization by December 31, 1999, and filed a bona fide
application for maximization by May 1, 2000. Any such
applicant shall comply with all applicable Commission
rules regarding the construction of digital television
facilities.
``(E) Change applications.--If a station that is
awarded a construction permit to maximize or
significantly enhance its digital television service
area, later files a change application to reduce its
digital television service area, the protected contour
of that station shall be reduced in accordance with such
change modification.
``(2) Qualifying low-power television stations.--For
purposes of this subsection, a station is a qualifying low-power
television station if--
``(A)(i) during the 90 days preceding the date of
the enactment of the Community Broadcasters Protection
Act of 1999--
``(I) such station broadcast a minimum of 18
hours per day;
``(II) such station broadcast an average of at
least 3 hours per week of programming that was
produced within the market area served by such
station, or the market area served by a group of
commonly controlled low-power stations that carry
common local programming produced within the
market area served by such group; and
``(III) such station was in compliance with
the Commission's requirements applicable to low-
power television stations; and
``(ii) from and after the date of its application
for a class A license, the station is in compliance with
the
[[Page 113 STAT. 1501A-597]]
Commission's operating rules for full-power television
stations; or
``(B) the Commission determines that the public
interest, convenience, and necessity would be served by
treating the station as a qualifying low-power
television station for purposes of this section, or for
other reasons determined by the Commission.
``(3) Common ownership.--No low-power television station
authorized as of the date of the enactment of the Community
Broadcasters Protection Act of 1999 shall be disqualified for a
class A license based on common ownership with any other medium
of mass communication.
``(4) Issuance of licenses for advanced television services
to television translator stations and qualifying low-power
television stations.--The Commission is not required to issue
any additional license for advanced television services to the
licensee of a class A television station under this subsection,
or to any licensee of any television translator station, but
shall accept a license application for such services proposing
facilities that will not cause interference to the service area
of any other broadcast facility applied for, protected,
permitted, or authorized on the date of filing of the advanced
television application. Such new license or the original license
of the applicant shall be forfeited after the end of the digital
television service transition period, as determined by the
Commission. A licensee of a low-power television station or
television translator station may, at the option of licensee,
elect to convert to the provision of advanced television
services on its analog channel, but shall not be required to
convert to digital operation until the end of such transition
period.
``(5) No preemption of section 337.--Nothing in this
subsection preempts or otherwise affects section 337 of this
Act.
``(6) Interim qualification.--
``(A) Stations operating within certain bandwidth.--
The Commission may not grant a class A license to a low-
power television station for operation between 698 and
806 megahertz, but the Commission shall provide to low-
power television stations assigned to and temporarily
operating in that bandwidth the opportunity to meet the
qualification requirements for a class A license. If
such a qualified applicant for a class A license is
assigned a channel within the core spectrum (as such
term is defined in MM Docket No. 87-286, February 17,
1998), the Commission shall issue a class A license
simultaneously with the assignment of such channel.
``(B) Certain channels off-limits.--The Commission
may not grant under this subsection a class A license to
a low-power television station operating on a channel
within the core spectrum that includes any of the 175
additional channels referenced in paragraph 45 of its
February 23, 1998, Memorandum Opinion and Order on
Reconsideration of the Sixth Report and Order (MM Docket
No. 87-268). Within 18 months after the date of the
enactment of the Community Broadcasters Protection Act
of 1999, the Commission shall identify by channel,
location, and applicable technical parameters those 175
channels.
[[Page 113 STAT. 1501A-598]]
``(7) No interference requirement.--The Commission may not
grant a class A license, nor approve a modification of a class A
license, unless the applicant or licensee shows that the class A
station for which the license or modification is sought will not
cause--
``(A) interference within--
``(i) the predicted Grade B contour (as of the
date of the enactment of the Community
Broadcasters Protection Act of 1999, or November
1, 1999, whichever is later, or as proposed in a
change application filed on or before such date)
of any television station transmitting in analog
format; or
``(ii)(I) the digital television service areas
provided in the DTV Table of Allotments; (II) the
areas protected in the Commission's digital
television regulations (47 CFR 73.622 (e) and (f
)); (III) the digital television service areas of
stations subsequently granted by the Commission
prior to the filing of a class A application; and
(IV) stations seeking to maximize power under the
Commission's rules, if such station has complied
with the notification requirements in paragraph
(1)(D);
``(B) interference within the protected contour of
any low-power television station or low-power television
translator station that--
``(i) was licensed prior to the date on which
the application for a class A license, or for the
modification of such a license, was filed;
``(ii) was authorized by construction permit
prior to such date; or
``(iii) had a pending application that was
submitted prior to such date; or
``(C) interference within the protected contour of
80 miles from the geographic center of the areas listed
in section 22.625(b)(1) or 90.303 of the Commission's
regulations (47 CFR 22.625(b)(1) and 90.303) for
frequencies in--
``(i) the 470-512 megahertz band identified in
section 22.621 or 90.303 of such regulations; or
``(ii) the 482-488 megahertz band in New York.
``(8) Priority for displaced low-power stations.--Low-power
stations that are displaced by an application filed under this
section shall have priority over other low-power stations in the
assignment of available channels.''.
TITLE VI--SUPERFUND RECYCLING EQUITY
SEC. 6001. SUPERFUND RECYCLING EQUITY.
(a) Purposes.--The purposes of this section are--
(1) to promote the reuse and recycling of scrap material in
furtherance of the goals of waste minimization and natural
resource conservation while protecting human health and the
environment;
(2) to create greater equity in the statutory treatment of
recycled versus virgin materials; and
[[Page 113 STAT. 1501A-599]]
(3) to remove the disincentives and impediments to recycling
created as an unintended consequence of the 1980 Superfund
liability provisions.
(b) Clarification of Liability Under CERCLA for Recycling
Transactions.--
(1) Clarification.--Title I of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.) is amended by adding at the end the
following new section:
``SEC. 127. RECYCLING TRANSACTIONS.
``(a) Liability Clarification.--
``(1) As provided in subsections (b), (c), (d), and (e), a
person who arranged for recycling of recyclable material shall
not be liable under sections 107(a)(3) and 107(a)(4) with
respect to such material.
``(2) A determination whether or not any person shall be
liable under section 107(a)(3) or section 107(a)(4) for any
material that is not a recyclable material as that term is used
in subsections (b) and (c), (d), or (e) of this section shall be
made, without regard to subsections (b), (c), (d), or (e) of
this section.
``(b) Recyclable Material Defined.--For purposes of this section,
the term `recyclable material' means scrap paper, scrap plastic, scrap
glass, scrap textiles, scrap rubber (other than whole tires), scrap
metal, or spent lead-acid, spent nickel-cadmium, and other spent
batteries, as well as minor amounts of material incident to or adhering
to the scrap material as a result of its normal and customary use prior
to becoming scrap; except that such term shall not include--
``(1) shipping containers of a capacity from 30 liters to
3,000 liters, whether intact or not, having any hazardous
substance (but not metal bits and pieces or hazardous substance
that form an integral part of the container) contained in or
adhering thereto; or
``(2) any item of material that contained polychlorinated
biphenyls at a concentration in excess of 50 parts per million
or any new standard promulgated pursuant to applicable Federal
laws.
``(c) Transactions Involving Scrap Paper, Plastic, Glass, Textiles,
or Rubber.--Transactions involving scrap paper, scrap plastic, scrap
glass, scrap textiles, or scrap rubber (other than whole tires) shall be
deemed to be arranging for recycling if the person who arranged for the
transaction (by selling recyclable material or otherwise arranging for
the recycling of recyclable material) can demonstrate by a preponderance
of the evidence that all of the following criteria were met at the time
of the transaction:
``(1) The recyclable material met a commercial specification
grade.
``(2) A market existed for the recyclable material.
``(3) A substantial portion of the recyclable material was
made available for use as feedstock for the manufacture of a new
saleable product.
``(4) The recyclable material could have been a replacement
or substitute for a virgin raw material, or the product to be
[[Page 113 STAT. 1501A-600]]
made from the recyclable material could have been a replacement
or substitute for a product made, in whole or in part, from a
virgin raw material.
``(5) For transactions occurring 90 days or more after the
date of enactment of this section, the person exercised
reasonable care to determine that the facility where the
recyclable material was handled, processed, reclaimed, or
otherwise managed by another person (hereinafter in this section
referred to as a `consuming facility') was in compliance with
substantive (not procedural or administrative) provisions of any
Federal, State, or local environmental law or regulation, or
compliance order or decree issued pursuant thereto, applicable
to the handling, processing, reclamation, storage, or other
management activities associated with recyclable material.
``(6) For purposes of this subsection, `reasonable care'
shall be determined using criteria that include (but are not
limited to)--
``(A) the price paid in the recycling transaction;
``(B) the ability of the person to detect the nature
of the consuming facility's operations concerning its
handling, processing, reclamation, or other management
activities associated with recyclable material; and
``(C) the result of inquiries made to the
appropriate Federal, State, or local environmental
agency (or agencies) regarding the consuming facility's
past and current compliance with substantive (not
procedural or administrative) provisions of any Federal,
State, or local environmental law or regulation, or
compliance order or decree issued pursuant thereto,
applicable to the handling, processing, reclamation,
storage, or other management activities associated with
the recyclable material. For the purposes of this
paragraph, a requirement to obtain a permit applicable
to the handling, processing, reclamation, or other
management activity associated with the recyclable
materials shall be deemed to be a substantive provision.
``(d) Transactions Involving Scrap Metal.--
``(1) Transactions involving scrap metal shall be deemed to
be arranging for recycling if the person who arranged for the
transaction (by selling recyclable material or otherwise
arranging for the recycling of recyclable material) can
demonstrate by a preponderance of the evidence that at the time
of the transaction--
``(A) the person met the criteria set forth in
subsection (c) with respect to the scrap metal;
``(B) the person was in compliance with any
applicable regulations or standards regarding the
storage, transport, management, or other activities
associated with the recycling of scrap metal that the
Administrator promulgates under the Solid Waste Disposal
Act subsequent to the enactment of this section and with
regard to transactions occurring after the effective
date of such regulations or standards; and
``(C) the person did not melt the scrap metal prior
to the transaction.
``(2) For purposes of paragraph (1)(C), melting of scrap
metal does not include the thermal separation of 2 or more
[[Page 113 STAT. 1501A-601]]
materials due to differences in their melting points (referred
to as `sweating').
``(3) For purposes of this subsection, the term `scrap
metal' means bits and pieces of metal parts (e.g., bars,
turnings, rods, sheets, wire) or metal pieces that may be
combined together with bolts or soldering (e.g., radiators,
scrap automobiles, railroad box cars), which when worn or
superfluous can be recycled, except for scrap metals that the
Administrator excludes from this definition by regulation.
``(e) Transactions Involving Batteries.--Transactions involving
spent lead-acid batteries, spent nickel-cadmium batteries, or other
spent batteries shall be deemed to be arranging for recycling if the
person who arranged for the transaction (by selling recyclable material
or otherwise arranging for the recycling of recyclable material) can
demonstrate by a preponderance of the evidence that at the time of the
transaction--
``(1) the person met the criteria set forth in subsection
(c) with respect to the spent lead-acid batteries, spent nickel-
cadmium batteries, or other spent batteries, but the person did
not recover the valuable components of such batteries; and
``(2)(A) with respect to transactions involving lead-acid
batteries, the person was in compliance with applicable Federal
environmental regulations or standards, and any amendments
thereto, regarding the storage, transport, management, or other
activities associated with the recycling of spent lead-acid
batteries;
``(B) with respect to transactions involving nickel-cadmium
batteries, Federal environmental regulations or standards are in
effect regarding the storage, transport, management, or other
activities associated with the recycling of spent nickel-cadmium
batteries, and the person was in compliance with applicable
regulations or standards or any amendments thereto; or
``(C) with respect to transactions involving other spent
batteries, Federal environmental regulations or standards are in
effect regarding the storage, transport, management, or other
activities associated with the recycling of such batteries, and
the person was in compliance with applicable regulations or
standards or any amendments thereto.
``(f) Exclusions.--
``(1) The exemptions set forth in subsections (c), (d), and
(e) shall not apply if--
``(A) the person had an objectively reasonable basis
to believe at the time of the recycling transaction--
``(i) that the recyclable material would not
be recycled;
``(ii) that the recyclable material would be
burned as fuel, or for energy recovery or
incineration; or
``(iii) for transactions occurring before 90
days after the date of the enactment of this
section, that the consuming facility was not in
compliance with a substantive (not procedural or
administrative) provision of any Federal, State,
or local environmental law or regulation, or
compliance order or decree issued pursuant
thereto, applicable to the handling, processing,
reclamation, or other management activities
associated with the recyclable material;
[[Page 113 STAT. 1501A-602]]
``(B) the person had reason to believe that
hazardous substances had been added to the recyclable
material for purposes other than processing for
recycling; or
``(C) the person failed to exercise reasonable care
with respect to the management and handling of the
recyclable material (including adhering to customary
industry practices current at the time of the recycling
transaction designed to minimize, through source
control, contamination of the recyclable material by
hazardous substances).
``(2) For purposes of this subsection, an objectively
reasonable basis for belief shall be determined using criteria
that include (but are not limited to) the size of the person's
business, customary industry practices (including customary
industry practices current at the time of the recycling
transaction designed to minimize, through source control,
contamination of the recyclable material by hazardous
substances), the price paid in the recycling transaction, and
the ability of the person to detect the nature of the consuming
facility's operations concerning its handling, processing,
reclamation, or other management activities associated with the
recyclable material.
``(3) For purposes of this subsection, a requirement to
obtain a permit applicable to the handling, processing,
reclamation, or other management activities associated with
recyclable material shall be deemed to be a substantive
provision.
``(g) Effect on Other Liability.--Nothing in this section shall be
deemed to affect the liability of a person under paragraph (1) or (2) of
section 107(a).
``(h) Regulations.--The Administrator has the authority, under
section 115, to promulgate additional regulations concerning this
section.
``(i) Effect on Pending or Concluded Actions.--The exemptions
provided in this section shall not affect any concluded judicial or
administrative action or any pending judicial action initiated by the
United States prior to enactment of this section.
``(j) Liability for Attorney's Fees for Certain Actions.--Any person
who commences an action in contribution against a person who is not
liable by operation of this section shall be liable to that person for
all reasonable costs of defending that action, including all reasonable
attorney's and expert witness fees.
``(k) Relationship to Liability Under Other Laws.--Nothing in this
section shall affect--
``(1) liability under any other Federal, State, or local
statute or regulation promulgated pursuant to any such statute,
including any requirements promulgated by the Administrator
under the Solid Waste Disposal Act; or
``(2) the ability of the Administrator to promulgate
regulations under any other statute, including the Solid Waste
Disposal Act.
``(l) Limitation on Statutory Construction.--Nothing in this section
shall be construed to--
``(1) affect any defenses or liabilities of any person to
whom subsection (a)(1) does not apply; or
``(2) create any presumption of liability against any person
to whom subsection (a)(1) does not apply.''.
[[Page 113 STAT. 1501A-603]]
(2) Technical amendment.--The table of contents for title I
of such Act is amended by adding at the end the following item:
``Sec. 127. Recycling transactions.''.