'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',
'residents 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. childrens national medical center for a federal contribution to',
'the childrens 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 mayors order 86 45,',
'issued march 18, 1986, the metropolitan police departments 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 districts 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 districts',
'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 mayors 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 mayors 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 mayors 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 officers or employees official duties. for purposes of this paragraph, the term official duties does not',
'include travel between the officers or employees 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 employees 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 entitys 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 mayors 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 trustees 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 districts 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 columbias 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 corporations 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. marys college in maryland for the st. marys 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. 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 services 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 corporations 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',
'childrens 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 alzheimers 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 childrens 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 aliens 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 physicians 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 peoples 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 servicemans 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. fishermens 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 americas heritage abroad salaries and expenses for expenses for the commission for the preservation of americas',
'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 presidents',
'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 secretarys 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 individuals 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 applicants 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 peoples 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 funds 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 banks 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 countrys 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 peoples 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 peoples republic of china that have as their',
'primary purpose fostering democracy in that country, and for activities of nongovernmental organizations located outside the peoples republic of china',
'to foster democracy in that country: provided, that none of the funds made available for activities to foster democracy in',
'the peoples 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 peoples 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 countrys 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 customers 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 haitis 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 haitis 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 presidents 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 presidents 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 koreas 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 agencys 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 agencys 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 employees 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 employees 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 individuals 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 agencys 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 presidents 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 generals 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 generals 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 peoples 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 usaids 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 peoples 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 peoples 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 peoples republic of china in',
'the year covered by the report, then the amount of such funds that the unfpa plans to spend in the',
'peoples 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 americas 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 americas 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 americas 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 americas 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 tribes 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 governments trust',
'responsibility to that tribe, or the government to government relationship between the united states and that tribe, or that tribes',
'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 schools 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',
'territorys 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 presidents 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 interiors 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 interiors 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 secretarys 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 asgs 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 asgs 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 plans 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 duncans 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 generals 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 individuals 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 agencys 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, keelers second addition, all of block 2, keelers 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 historys 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 museums repair and rehabilitation program and $1,264,000 for the museums 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 presidents 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 presidents 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 secretarys 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 presidents 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 services 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/ jacks 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 presidents 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 hansens 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 childrens 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.',
'vincents 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 childrens 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 generals 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 servicemans 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 departments 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 childrens',
'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 secretarys 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 entitys enrollees : provided further, that nothing in this section',
'shall be construed to change the medicare programs 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 states allotment for fiscal year 2000 for programs under this subpart shall',
'be equal to such states 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 states 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 states 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 states 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 corporations 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 educations 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 orchestras 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 youngsters 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 students 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 agencys 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 universitys 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 childrens 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 agencys',
'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 childs 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 agencys 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 airmens 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 airmens 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 directors 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 hampshires 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 childrens 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 childrens',
'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 states or localitys 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 states or localitys 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 individuals 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 persons exposure',
'to a nitrogen or sulfur mustard agent in the performance of official duties as an employee at the department of',
'the armys 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 childrens 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 childrens 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 states 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 agencys 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 peoples republic of chinas capabilities and intentions as they might affect',
'the current and future military balance between taiwan and the peoples 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 johns 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',
'presidents 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 presidents 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 banks',
'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 programs 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 banks',
'role in poverty reduction and the imfs role in macroeconomic issues; c will make the imfs and the world banks',
'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 individuals 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 survivors 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 childrens 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 childrens',
'health insurance program schip sec. 701. stabilizing the state childrens health insurance program allotment formula. sec. 702. increased allotments for',
'territories under the state childrens health insurance program. sec. 703. improved data collection and evaluations of the state childrens health',
'insurance program. sec. 704. references to schip and state childrens 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 hospitals 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 hospitals 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 physicians 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 patients home',
'raises any additional safety and health concerns for the patient; c determine whether covering the delivery of these drugs and',
'biologicals in a patients 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 physicians 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',
'hospitals 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 hospitals 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 secretarys 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 secretarys 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 secretarys 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 secretarys 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 secretarys 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 secretarys, 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 secretarys 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 governments 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 nations 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 agencys',
'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 generals 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 patients 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 hospitals 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 hospitals 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 hospitals 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 organizations 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 plans 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 individuals enrollment with such provider under circumstances that are',
'similar to the circumstances that would permit discontinuance of the individuals 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 secretarys 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 secretarys 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 hospitals 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 childrens 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 individuals;',
'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 childrens health',
'insurance program schip sec. 701. stabilizing the state childrens 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 years 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 childrens 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 childrens 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',
'childrens 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 states 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 childrens health. sec. 704. references to schip and state childrens',
'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 childrens health insurance program instead of the term childrens 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',
'childrens 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 peoples 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 peoples republic of china. page 113 stat. 1501a 408 sec. 873. prisoner information registry for the peoples 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 offices 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 peoples 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 peoples 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 peoples republic of china in the year covered by the report,',
'then the amount of such funds that the unfpa plans to spend in the peoples 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 childrens issues. a director requirements. the secretary of',
'state shall fill the position of director of the office of childrens 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 childrens 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 childs',
'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 worlds 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 worlds',
'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 worlds 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 decedents 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 officers 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 decedents 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 decedents 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 decedents 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 volunteers 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 departments 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 childs 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 childs 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 states 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 individuals 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 persons 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 aliens 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 aliens parent if the alien previously was denied refugee resettlement based solely on the fact that the alien',
'was not listed continuously on the parents 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 directors 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 persons 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 persons family or to the persons 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 grievants 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 grievants 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 employees 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 employees 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 systems 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 persons 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 employees 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 members 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 persons 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 tibets 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 tibets 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 generals 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 israels 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 israels 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 koreas 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 peoples 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 peoples 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 peoples republic of korea on january 1, 1992. subtitle c',
'peoples 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 peoples republic of china in 1998 as follows: a the peoples 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 peoples republic of china,',
'involving the harassment, detainment, arrest, and imprisonment of dozens of activists. 3 the peoples 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',
'peoples 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 peoples 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 peoples republic of china. sec. 873.',
'prisoner information registry for the peoples 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 peoples republic of china. the registry shall be known as the prisoner information registry for the peoples 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 peoples 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 peoples 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 appointees 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 agencys 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 senates 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 companys 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 countrys 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 presidents 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 individuals 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 individuals 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',
'states 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 handlers 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 stations 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 stations 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 stations 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 stations 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 stations local market includes the county in which the',
'stations 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 stations 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 drivers 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 stations 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 stations 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 subscribers satellite carrier, to the network station asserting that the retransmission is',
'prohibited. the network station shall accept or reject a subscribers 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 subscribers 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 subscribers request for a waiver under paragraph 2',
'is rejected and the subscriber submits to the subscribers satellite carrier a request for a test verifying the subscribers 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 stations 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 stations 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 stations 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 stations 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 commissions 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 complainants costs and reasonable attorneys 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 commissions 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 carriers 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 attorneys 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 commissions 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 persons prior use, if any, of the domain name in connection with the bona fide offering of',
'any goods or services; iv the persons bona fide noncommercial or fair use of the mark in a site accessible',
'under the domain name; v the persons intent to divert consumers from the mark owners 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 persons 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 persons prior conduct indicating a pattern of',
'such conduct; vii the persons provision of material and misleading false contact information when applying for the registration of the',
'domain name, the persons intentional failure to maintain accurate contact information, or the persons prior conduct indicating a pattern of',
'such conduct; viii the persons 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 persons 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 registrants 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 courts 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 persons 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 courts 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 anothers 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 attorneys 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 individuals 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 publics 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 persons 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 arms length sale or other arms',
'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 owners 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 directors 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 directors 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 directors 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 owners response thereto, if those written comments are',
'received by the office within 30 days after the date of service of the patent owners 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 directors powers under paragraphs 3 and 4 a of subsection b , the director shall consult with the administrator',
'of general services. 5 in exercising the directors 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 incumbents 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 members 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 commissioners and inserting directors. 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 breeders 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',
'persons invention thereof the invention was made by such other inventor and not abandoned, suppressed, or concealed, or 2 before',
'such persons 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 stations 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 applicants service area, as provided for in sections 73.622 and 73.623 of the',
'commissions regulations 47 cfr 73.622, 73.623 ; and ii to permit maximization of a full power digital television applicants 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 commissions 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 commissions',
'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 commissions 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 commissions 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',
'commissions 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 facilitys 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 facilitys 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 persons 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 facilitys 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 attorneys 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 attorneys 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..',